Document ID: chunk:federal_register_of_legislation:C2004A04248:body:0:p9
Version: federal_register_of_legislation:C2004A04248
Segment Type: other
Provision Reference: 
Character Range: 21729–24478

authorisation for the purposes of the Civil Aviation Regulations unless the person is authorised under those regulations to give the authorisation.

Penalty: Imprisonment for 2 years.

"(2) Without limiting subsection (1), a person is to be taken to give an authorisation for the purposes of that subsection if the person endorses the authorisation on another document (for example, endorses a rating on a licence or in a log book).".

15. After section 30 of the Principal Act the following sections are inserted:

Court may impose exclusion period if offence committed

"30A.(1) If:

    (a) a person is convicted of an offence against this Act or the regulations; and

    (b) the person holds a civil aviation authorisation (in this section called the 'old authorisation'); and

    (c) the old authorisation authorises the person to undertake a particular activity (in this section called the 'previously authorised activity'); and

    (d) the Court considers that it is in the interests of air navigation safety for the person to be excluded from that activity;

the Court may order that the person is to be excluded from that activity for the period specified in the order (in this section called the 'exclusion period').

"(2) The Court may make the order even if the conduct that was involved in the offence was not engaged in by the person while exercising his or her rights under the old authorisation.

"(3) The exclusion period may be indefinite.

"(4) During the exclusion period:

    (a) the old authorisation is of no effect; and

    (b) a new civil aviation authorisation to undertake the previously authorised activity is not to be granted to the person.

"(5) The person is not entitled to any refund of fees that the person has paid in respect of the old authorisation.

"(6) The person must return the old authorisation to the Authority as soon as practicable after the order is made.

Penalty: $3,000.

"(7) If the old authorisation is endorsed on another document, the person must, in order to comply with subsection (6), return that other document to the Authority and the Authority will take appropriate steps to issue a new document without the endorsement.

"(8) If the exclusion period ends before the period for which the old authorisation was granted, the Authority is to return the authorisation to the person as soon as practicable after the end of the exclusion period.

Note: this subsection may require the Authority to endorse a document already issued to the person.

Variation and termination of exclusion order

"30B.(1) If a Court makes an order under subsection 30A(1):

    (a) the person may apply to the Court at any time for the termination or variation of the order; and

    (b) the Authority is to