Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Protections in relation to accident and incident notifications under subpart 5 of Part 2 - Interpretation

339: Interpretation in this subpart

You could also call this:

"What special words mean in this part of the law"

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In this part of the law, some words have special meanings. When you see the term law enforcement action, it means someone has filed a charging document or given an infringement notice to a person who is alleged to have broken the law. You will also see the term notified incident, which is an incident that the CAA knows about because someone told them under section 49(3).

You are a qualifying person if you told the CAA about an incident under section 49(3), or if you work for someone who has to tell the CAA and you told them about the incident. To be a qualifying person, you must have given a full and accurate account of what happened, and you must have done it on time and in the way the rules say. This means you did the right thing by telling someone about the incident, and you did it correctly.

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Part 9Monitoring, investigation, and enforcement
Protections in relation to accident and incident notifications under subpart 5 of Part 2: Interpretation

339Interpretation in this subpart

  1. In this subpart, unless the context otherwise requires,—

    law enforcement action means the filing of a charging document under this Act in relation to, or issuing an infringement notice under this Act to, a person who is alleged to have committed an offence under this Act

      notified incident is an incident that has come to the attention of the CAA because of a notification under section 49(3) by any person.

      1. A person is a qualifying person in relation to a notified incident if—

      2. the person (person A)—
        1. notifies the incident to the CAA in accordance with section 49(3); or
          1. is employed or engaged by a person (person B), or is receiving training from person B, and notified information relating to the incident to person B in accordance with person B’s safety management system in circumstances where person B is required to notify the incident to the CAA in accordance with section 49(3); and
          2. the notification person A provided under paragraph (a)(i) or (ii) is—
            1. a full and accurate account of the incident; and
              1. provided in accordance with any requirements (for example, as to timeliness of notifications) specified in the rules.