2018
CIVIL AVIATION AMENDMENT
No.lO
"69A Powers of entry, inspection, etc. by safety and security
oversight inspectors
(1) A safety and oversight security inspector designated in terms
of section 26(3) may. without warrant or the consent of the owner or
occupier thereof (but subject to the production on demand of an identity
document issued by the Authority), inspect and enter any aircraft or
aerodrome, and enter and inspect any any land or premises whereon or
wherein such aircraft is situated, if he or she has reasonable grounds for
believing that-
(a)
the inspection, entry or search is necessary in the interests
of defence, public safety, or public order; or
(b)
there are reasonable grounds for believing that the inspection,
search or entry is necessary for the prevention. investigation
or detection of an offence under this Act, or for the seizure
of property which is the subject matter of such an offence
or evidence relating to such an offence.
(2) For the purposes of subsection (1) a safety and oversight
security inspector may(a)
take possession of any article, record or document; and
(b)
examine and make extracts from or copies of any record or
document; and
(c)
require any person(i)
present at, within or about the aircraft or aerodrome,
or within the land or premises vvherein or whereon it
is situated, to provide such information concerning the
purpose for which the inspection is being conducted
as the person can provide;
(ii)
who has control or custody of any record or document
pertaining to the purpose for which the inspection is
being conducted, to explain any entry in the record or
document;
and
(d)
prevent an aircraft from flying, whether temporarily or
indefinitely; and
(e)
prohibit any person from exercising the privileges of an air
operator's certificate or other aviation licence or permit,
whether temporarily or indefinitely.
(3) An inspector shall not retain any article taken in terms of
subsection (1) or (2) for longer than is necessary for the purposes of his
or her inspection.
(4) In any case of urgency affecting aviation safety or security,
and pending the adoption of more definitive measures under this Act, the
Director-General may issue (generally or in relation to a specific case or
cases) a direction ordering to be done anything referred to in subsection
(2)(d) and (e) and having effect for a period not exceeding seven days at
a time.
(5) The Director-General shall as soon as possible after issuing
a direction under subsection (4) publish it in the same way as a notice
referred to in section 45(3) is published.
(6) Any person who hinders or obstructs a safety and oversight
security inspector in the exercise of his or her functions. or who
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