Summary Proceedings Amendment Act 2006

32 Amendments to Civil Aviation Act 1990
  • (1) Section 65D(3) of the Civil Aviation Act 1990 is amended by repealing paragraph (a) and substituting the following paragraph:

    • (a) a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1); or.

    (2) Section 65S of the Civil Aviation Act 1990 is amended by repealing subsections (1) to (3) and substituting the following subsections:

    • (1) The Director, or a person authorised by the Director, may provide particulars of an infringement notice issued under section 65P, 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—

      • (a) the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and

      • (b) the Director has not by then received at the address specified in the notice a notice requesting a hearing in respect of that offence.

    • (2) If an infringement notice under section 65P has been issued and served under this section, the Summary Proceedings Act 1957 applies as if that notice were a reminder notice served under section 21(2) of that Act, and the provisions of that Act apply, with all necessary modifications, to the alleged offence as if—

      • (a) 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 (1) of this section; and

      • (b) subsection (1) of this section were in the place of section 21(3); and

      • (c) 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 (1) of this section; and

      • (d) 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

      • (e) the reference in section 21(4)(a) to parts of the reminder notice were a reference to parts of the infringement notice; and

      • (f) the reference in section 21(4C) to particulars of a reminder notice were a reference to particulars of an infringement notice; and

      • (g) the reference in section 21(4C) to the reminder notice were a reference to the infringement notice; and

      • (h) 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 (1) of this section; and

      • (i) the reference in section 21(6)(b) and in section 21(10)(a) to a period of 28 days after the service of a reminder notice were a reference to the period of 14 days after the service of the infringement notice; and

      • (j) each reference in section 21A and section 78B to a reminder notice were a reference to an infringement notice and each reference in section 21A and section 78B to the reminder notice were a reference to the infringement notice; and

      • (k) 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.