Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Unruly passenger offences - Requirement for passenger to provide information

406: Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence

You could also call this:

"What happens if you get a notice for being a naughty passenger on a plane"

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If you get an infringement notice for being an unruly passenger, the Director or someone they authorise can give you more details about the notice. This happens 14 days after the notice was served, if you have not paid the fee and have not asked for a hearing. The rules about infringement notices are a bit like the rules about reminder notices in the Summary Proceedings Act 1957. When the Director gives you more details, it is like they are giving you a reminder notice, and the same rules apply, but with some changes to fit your situation.

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Part 9Monitoring, investigation, and enforcement
Unruly passenger offences: Requirement for passenger to provide information

406Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence

  1. This section applies if an infringement notice is issued under section 373 in respect of an unruly passenger offence that is an infringement offence.

  2. The Director or a person authorised by the Director may provide particulars of the infringement notice in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957, after a period of 14 days from the date of service of the infringement notice or a copy of the infringement notice, if—

  3. the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and
    1. the Director has not by then received at the address specified in the notice a request for a hearing in respect of that offence.
      1. The Summary Proceedings Act 1957 applies as if the infringement notice were a reminder notice served under section 21(2) of that Act, and that Act and any regulations made under that Act apply, with all necessary modifications, to the alleged offence as if—

      2. the reference in section 21(1)(b) to providing particulars of a reminder notice under that section were a reference to providing particulars of the infringement notice under subsection (2) of this section; and
        1. subsection (2) of this section were in the place of section 21(3); and
          1. the reference in section 21(3A) to the particulars of a reminder notice not having been provided under section 21(3) were a reference to the particulars of the infringement notice not having been provided under subsection (2) of this section; and
            1. every reference in section 21(4), (4A), and (4B) to particulars of a reminder notice were a reference to the particulars of an infringement notice and every reference to the contents of a reminder notice were a reference to the contents of an infringement notice; and
              1. the reference in section 21(4)(a) to parts of the reminder notice were a reference to parts of the infringement notice; and
                1. the reference in section 21(4C) to particulars of a reminder notice were a reference to particulars of an infringement notice; and
                  1. the reference in section 21(4C) to the reminder notice were a reference to the infringement notice; and
                    1. the reference in section 21(5) to the verification of particulars of a reminder notice provided under section 21(3) were a reference to the verification of particulars of an infringement notice provided under subsection (2) of this section; and
                      1. the references in sections 21(6)(b) and 21(10)(a) to a period of 28 days after the service of a reminder notice were references to the period of 14 days after the service of the infringement notice; and
                        1. each reference in sections 21A, 21B, and 78B to a reminder notice were a reference to an infringement notice and each reference in sections 21A and 78B to the reminder notice were a reference to the infringement notice; and
                          1. the references to reminder notices in the definition of defendant in section 2, and in section 212, and in any other relevant provisions of that Act or in any regulations made under that Act, were references to the infringement notice.
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