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Civil Aviation Act 1990

Offences and penalties - Safety offences

47: Additional penalty for offences involving commercial gain

You could also call this:

“Extra money penalty for people who break aviation safety rules to make money”

If you commit an offence related to aviation safety, the court can make you pay extra money on top of your regular punishment. This extra payment is meant to take away any money you might have made from breaking the law.

The court can make you pay up to three times the amount of money you gained from the offence. This applies if you’re found guilty of certain aviation safety offences and the court believes you did it to make money.

The court will decide how much money you gained from the offence. You’ll have to pay this extra amount in the same way you would pay a fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216928.

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Part 5 Offences and penalties
Safety offences

47Additional penalty for offences involving commercial gain

  1. In addition to any penalty the court may impose under section 43 or section 44 or section 44A or section 46, the court may, on convicting any person of an offence specified in any of those sections, order that person to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of that offence if the court is satisfied that the offence was committed in the course of producing a commercial gain.

  2. For the purpose of subsection (1), the value of any gain shall be assessed by the court, and shall be recoverable in the same manner as a fine.

Notes
  • Section 47(1): amended, on , by section 25 of the Civil Aviation Amendment Act 1992 (1992 No 75).