65P Procedure for certain unruly passenger offences

(1)

If any offence specified in section 65Q(2) is alleged to have been committed by any person (in this section, the defendant), the pilot-in-command of the aircraft at the time of the alleged offence may, by any available means, notify, or cause to be notified,—

(a)

the Director; or

(b)

a person authorised by the Director.

(2)

If the Director or a person authorised by the Director has reason to believe that a defendant has committed any offence specified in section 65Q(2),—

(a)

the defendant may be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or

(b)

the Director or the person authorised by the Director may issue an infringement notice in respect of the alleged offence.

(3)

If the Director or a person authorised by the Director has reasonable cause to suspect that a person has committed any offence specified in section 65G(1)(a) to (c) or section 65H or section 65J or section 65K or section 65Q(2), he or she may require the person to give his or her full name, address, and date of birth.

(4)

If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3) are false or misleading, he or she may require the person to give such verification of those details as it is reasonable in the circumstances to require that person to provide.

(5)

If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4), and persists in that refusal or failure after being warned by the Director or a person authorised by the Director that he or she may be arrested for committing an offence by that refusal or failure, a constable may arrest that person without warrant.

(6)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

(a)

refuses or fails to comply with a request under subsection (3) or subsection (4); or

(b)

gives details that are false or misleading in a material respect to the Director or a person authorised by the Director in response to such a request.

(7)

Evidence produced by the defendant to the Director or the person authorised by the Director under subsection (4) must be inspected without delay and returned to the defendant as soon as practicable after the inspection has concluded.

(8)

The Director or a person authorised by the Director—

(a)

may deliver an infringement notice (or a copy of it) to the defendant personally; or

(b)

may send it (or a copy of it) to the defendant by post addressed to the defendant’s last known place of residence or business.

Section 65P: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65P(2)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65P(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 65P(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).