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AVIATION TRANSPORT SECURITY ACT 2004 No. 8, 2004 - SECT 119
Secretary may make enforcement orders
- (1)
- The Secretary may make a written order (an enforcement order ):
- (a)
- prohibiting or restricting specified activities by the aviation industry
participant named in the enforcement order; or
- (b)
- requiring the aviation industry participant named in the enforcement order
to take specified action.
- (2)
- The Secretary may only make an enforcement order if he or she reasonably
believes that:
- (a)
- the aviation industry participant named in the enforcement order has
contravened this Act; and
- (b)
- it is necessary to make the order to safeguard against unlawful
interference with aviation.
- (3)
- The enforcement order must:
- (a)
- bear a clear and direct relationship to the contravention; and
- (b)
- be proportionate to the contravention.
- (4)
- The enforcement order must not require the payment of money to the
Secretary (or any other person) other than an amount of money that is already
recoverable at law.
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