Civil Aviation Amendment Act 2004

7 Criteria for fit and proper person test
  • (1) Section 10(1) of the principal Act is amended by adding the following paragraph:

    • (g) in the case where a New Zealand AOC with ANZA privileges applies, the person's compliance with the conditions specified in section 11G(4).

    (2) Section 10(4)(a) of the principal Act is amended by omitting the words and (f), and substituting the words (f), and (g).

    (3) Section 10 of the principal Act is amended by repealing subsection (7), and substituting the following subsection:

    • (7) If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,—

      • (a) in the case of non-disclosure to an individual of information about the individual,—

        • (i) inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

        • (ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

      • (b) in any other case,—

        • (i) inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

        • (ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.