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Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Powers of Director in relation to aviation documents

98: Director may revoke, or impose permanent conditions on, aviation document

You could also call this:

"The Director can cancel or change your aviation document for safety and security reasons."

Illustration for Civil Aviation Act 2023

The Director can cancel or add permanent conditions to your aviation document if they think it is necessary for aviation safety and security. This can happen after they inspect, monitor, or investigate something under this Act. You can lose your document in whole or in part.

If the Director of CASA in Australia tells the Director that they have given you a temporary stop notice, the Director can cancel or add conditions to your document. The Director must think this is necessary for aviation safety and security.

If the Director wants to cancel or add conditions to your document, they must give you notice according to section 82. If your document is cancelled or has conditions added, you must give it to the Director. If it is only partly cancelled or has conditions, you must show it to the Director so they can endorse it.

You can appeal to the District Court under section 453 if the Director makes a decision about your document that you do not agree with.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49540.

Topics:
Transport and travel > Air travel
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97: Further provisions in relation to suspension of, or imposition of conditions on, aviation document, or

"Rules about what happens if your aviation document is suspended or has conditions added"

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99: Considerations relevant to decision about taking action under section 96, 97, or 98, or

"What the Director thinks about before taking action against your aviation documents"

Part 4Aviation documents, medical certification, and drug and alcohol testing
Powers of Director in relation to aviation documents

98Director may revoke, or impose permanent conditions on, aviation document

  1. The Director may revoke, in whole or in part, or impose permanent conditions on an aviation document if the Director considers it necessary in the interests of aviation safety and security after an inspection, monitoring, or an investigation carried out under this Act.

  2. Without limiting subsection (1), the Director may revoke or impose permanent conditions on an aviation document if—

  3. the Director of CASA has advised the Director that CASA has given the holder of the document an Australian temporary stop notice; and
    1. the Director considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety and security.

      1. If the Director proposes to act under this section, the Director must give notice in accordance with section 82, which applies as if the proposed action were a proposed adverse decision under this Act.

      2. Subsection (5) applies if an aviation document is capable of being produced or surrendered (for example, if the document is in paper form).

      3. A person whose aviation document is revoked or made subject to permanent conditions under this section must,—

      4. where the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement:
        1. where the whole document is revoked, immediately surrender the document to the Director.

          1. A person in respect of whom a decision is made under this section may appeal against the decision to the District Court under section 453.

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