Document ID: chunk:federal_register_of_legislation:C2004A04086:section:1952:p5
Version: federal_register_of_legislation:C2004A04086
Segment Type: section
Provision Reference: s 1952 (pt 5/12)
Character Range: 10681–13576

is practicable, the environment is protected from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft).".

Directions

  15. Section 12 of the Principal Act is amended:

     (a) by inserting in subsection (1) "or the exercise of its powers" after "functions";

  (b) by adding at the end the following subsection:

     "(4) The Authority must comply with a direction given under subsection (1).".

Repeal of section and substitution of new section

16. Section 23a of the Principal Act is repealed and the following section is substituted:

Statements of the contents of cargo

"23a. (1) The regulations may require a person who, in the circumstances specified in the regulations, consigns for carriage any cargo on board an aircraft to make a statement, of a kind specified in the regulations, concerning the contents of the cargo.

"(2) A person must not consign for carriage any cargo on board an aircraft, in circumstances in which regulations made for the purposes of subsection (1) require a statement to be made, unless:

   (a) the cargo is accompanied by; or

   (b) the person responsible for delivery of the cargo has been given;

a statement that complies with the regulations made for the purposes of that subsection.

Penalty: $3,000.

"(3) A person must not, in purported compliance with the requirements of regulations made for the purposes of subsection (1), knowingly or recklessly make a statement that is false or misleading in a material particular.

Penalty: Imprisonment for 2 years.".

Reimbursement of cost of complying with directions

17. Section 48 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

  "(3) This section does not apply to a direction of the Minister:

     (a) that requires the Authority to carry out activities to protect the environment from the effects of, or the effects associated with, the operation and use of aircraft; or

  (b) made under section 47 or 56.".

Charges for services and facilities

  18. Section 66 of the Principal Act is amended:

     (a) by omitting from subsection (4) "it" and substituting "the proposed determination";

     (b) by omitting from paragraph (6) (b) "Authority" and substituting "Board";

     (c) by omitting from subsection (6b) "Authority" and substituting "Board".

Regulations etc.

  19. Section 98 of the Principal Act is amended:

   (a) by omitting from paragraph (3) (o) "and";

     (b) by adding at the end of subsection (3) the following word and paragraph:

               "; and (q) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to the Authority, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one-fifth of the maximum penalty prescribed for contravening that provision.".

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