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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Additional penalty for offences involving commercial gain

368: Additional penalty for offences involving commercial gain

You could also call this:

"Paying extra if you break aviation rules for personal financial gain"

Illustration for Civil Aviation Act 2023

If you break certain rules in the Civil Aviation Act 2023, you might have to pay a penalty. You could have to pay this penalty if you did something to make money illegally. The court can order you to pay up to three times the amount of money you made by breaking the rules. The court will decide how much money you made by breaking the rules. You will have to pay this amount like you would pay a fine. You can be ordered to pay this penalty if you are found guilty of certain offences, such as those listed in section 41, section 103, section 104, section 217, section 250, or section 297.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS159026.

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Transport and travel > Air travelCrime and justice > Criminal law
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Part 9Monitoring, investigation, and enforcement
Additional penalty for offences involving commercial gain

368Additional penalty for offences involving commercial gain

  1. In addition to any penalty the court may impose under section 41, 103, 104, 217, 250, or 297, the court may, on convicting a person of an offence specified in any of those sections, order the 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 must be assessed by the court, and is recoverable in the same manner as a fine.

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