Civil Aviation Amendment Act 2002

14 New section 66 substituted
  • The principal Act is amended by repealing sections 66 and 67, and substituting the following section:

    66 Appeal to District Court
    • (1) A person may appeal to a District Court against a specified decision made under this Act by the Director if another section of this Act gives that person a right of appeal under this section, and—

      • (a) the person—

        • (i) is a person in respect of whom the decision was made; and

        • (ii) is dissatisfied with the decision; or

      • (b) the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision.

      (2) The Court may confirm, reverse, or modify the decision appealed against.

      (3) Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

      (4) Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with, in accordance with the provisions of this Act, any aviation document, any person to which or to whom the appeal related, or any aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

      (5) In this section, a specified decision is a decision—

      • (a) concerning the grant, issue, revocation, or suspension of an aviation document:

      • (b) to impose conditions on an aviation document:

      • (c) to exercise powers under section 21:

      • (d) to decline to register an aircraft under section 6.