Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Powers of Minister to intervene on grounds of national security

361: Offences relating to breach of notice given by Minister on national security grounds

You could also call this:

"Breaking national security rules made by the Minister can get you in trouble with fines or prison."

Illustration for Civil Aviation Act 2023

If you break a rule made by the Minister for national security reasons, you can get in trouble. You might get in trouble if you do not follow the rules or conditions set by the Minister under section 355(2)(b), or if you apply for an aviation document when you are not allowed to under section 355(2)(c). You can also get in trouble if you do something that goes against what the Minister has prohibited under section 355(2)(d).

If you apply for or get an aviation document when you are not supposed to, that document will not be valid. You can get a fine or go to prison if you break these rules.

If you are an individual, you can go to prison for up to 12 months or get a fine of up to $60,000, or both. If you are not an individual, you can get a fine of up to $200,000. If you are found guilty of getting an aviation document when you are not supposed to, the court can stop you from getting another one for up to 12 months.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101377.


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"What happens to your aviation document if the Minister takes it away from you"


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Part 9Monitoring, investigation, and enforcement
Powers of Minister to intervene on grounds of national security

361Offences relating to breach of notice given by Minister on national security grounds

  1. A person commits an offence if the person—

  2. intentionally fails or refuses to comply with any restriction or condition imposed by a notice under section 355(2)(b); or
    1. applies for or obtains an aviation document while disqualified by a notice under section 355(2)(c) from obtaining such a document; or
      1. intentionally does any act contrary to the terms of a prohibition in a notice under section 355(2)(d).
        1. Any aviation document in respect of which an offence is committed under subsection (1)(b) is of no effect.

        2. A person who commits an offence against subsection (1) is liable on conviction,—

        3. in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $60,000, or both:
          1. in the case of any other person, to a fine not exceeding $200,000.
            1. If a person is convicted of an offence under subsection (1)(b), the court may order the person to be disqualified from holding or obtaining an aviation document for any period not exceeding 12 months that the court thinks fit.