13Revocation of noise certificate

13 Revocation of noise certificate

(1) The Secretary may give an operator of an aircraft written notice that the Secretary intends to revoke a noise certificate that has been issued, or is deemed to have been issued, for the aircraft if the aircraft ceases to comply with: (a) for an aircraft mentioned in paragraph 7(1)(a)—the relevant standards for the aircraft; or (b) for an aircraft mentioned in paragraph 7(1)(b): (i) the relevant standards for the aircraft; or (ii) the requirements of a relevant law. (2) The Secretary may, by written notice given to the operator of an aircraft, revoke a noise certificate issued for the aircraft if: (a) a notice has been given under subsection (1) in relation to the aircraft and within the period mentioned in subsection (3) the aircraft does not comply with the standards or requirements mentioned in subsection (1); or (b) the operator fails, without reasonable excuse, to comply with any reasonable requirement made by an inspector under this instrument in relation to the aircraft; or (c) the operator fails to comply with section 11 (requirement for a noise certificate to be carried on board an aircraft). (3) For the purposes of paragraph (2)(a), the period is 30 days after the day the notice is given under subsection (1) or such longer period as the Secretary, within that 30 day period, allows. (4) The operator of an aircraft commits an offence of strict liability if: (a) the operator is given a notice of revocation of a noise certificate under subsection (2); and (b) the operator does not, within 14 days after receiving the notice, do the following: (i) if subparagraph (ii) or (iii) does not apply—return the noise certificate, or cause the noise certificate to be returned, to the Secretary; (ii) if the noise certificate is contained in a document that also contains other material—present that document, or cause that document to be presented, to the Secretary for noting in the document that the noise certificate has been revoked; (iii) if the noise certificate is deemed to have been issued under section 9 in accordance with subsection 12(1)—present the flight manual for the aircraft, or cause the flight manual for the aircraft to be presented, to the Secretary for noting in the flight manual that the noise certificate has been revoked.

Penalty: 5 penalty units.

(5) If a notice is given to the operator of an aircraft under subsection (1) or (2) and the operator is not the owner of the aircraft, the Secretary must also give a copy of the notice to the owner of the aircraft.