CIVIL AVIATION OFFENCES ACT NO. 10 OF 1972 [ASSENTED TO 14 MARCH, 1972][DATE OF COMMENCEMENT: 24 MAY, 1972] (Afrikaans text signed by the State President) as amended by General Law Amendment Act, No. 29 of 1974 Civil Aviation Offences Amendment Act, No. 63 of 1978 Civil Aviation Offences Amendment Act, No. 4 of 1981 Airports Company Act, No. 44 of 1993 ACT To give effect to the Convention on Offences and certain other Acts committed on board Aircraft; the Convention for the Suppression of unlawful Seizure of Aircraft; and the Convention for the Suppression of unlawful Acts against the Safety of Civil Aviation; to provide for additional measures directed at the more effective control of the safety of aircraft, airports and the like; to amend the Aviation Act, 1962; and to provide for matters connected therewith. [Long title substituted by s. 5 of Act No. 63 of 1978.] 1. Definitions.—(1) In this Act, unless the context otherwise indicates— “aerodrome” . . . . . . [Definition of “aerodrome” inserted by s. 1 (a) of Act No. 63 of 1978 and deleted by s. 27 (a) of Act No. 44 of 1993.] “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the surface of the earth; “air navigation facility” means premises used for the handling of cargo, post or baggage, an aircraft hangar, a fuel storage area and any other premises, structure or place to which the public have no right of access and in which a service is rendered for the operation of a designated airport or aircraft or for the public at a designated airport, airport or heliport, and includes any aid provided for promotion of the safe, orderly and expeditious movement of air traffic, and, where applicable, any building or structure in or on which such aid or part thereof is housed or attached, and includes the premises on which such aid or part thereof is situated, whether such building, structure or premises are situated within the boundaries of a designated airport, airport or heliport or not; [Definition of “air navigation facility” inserted by s. 1 (b) of Act No. 63 of 1978 and amended by s. 27 (b) of Act No. 44 of 1993.] “airport” means an airport as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962); [Definition of “airport” inserted by s. 1 (b) of Act No. 63 of 1978 and substituted by s. 27 (c) of Act No. 44 of 1993.] “airport manager” includes any person appointed in writing by the company as such and includes any person appointed in writing by the airport manager or the company to discharge any function imposed, or to exercise any power conferred, upon the airport manager by this Act; [Definition of “airport manager” inserted by s. 1 (b) of Act No. 63 of 1978 and substituted by s. 27 (d) of Act No. 44 of 1993.] “authorized person” means— (a)any member of the Force as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958); (b)any person appointed in writing by the company, with the approval of the Minister, as an authorized person for the purposes of this Act; [Para. (b) substituted by s. 27 (e) of Act No. 44 of 1993.] (c)any member of the South African Defence Force, as defined in section 1 of the Defence Act, 1957 (Act No. 44 of 1957); and (d)any other person appointed in writing by the Minister as an authorized person for the purposes of this Act; [Definition of “authorized person” inserted by s.1 (b) of Act No. 63 of 1978.] “board” means the board of inquiry appointed under section 2K; [Definition of “board” inserted by s. 1 (b) of Act No. 63 of 1978.] “commander”, in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of that aircraft; “company” means the company as defined in section 1 of the Airports Company Act, 1993; [Definition of “company” inserted by s. 27 (f) of Act No. 44 of 1993.] “convention country” means a country in which either the Convention on Offences and certain other Acts committed on board Aircraft or the Convention for the Suppression of unlawful seizure of Aircraft, or the Convention for the Suppression of Acts against the Safety of Civil Aviation is for the time being in force; “designated airport” means any company airport as defined in section 1 of the Airports Company Act, 1993, and includes any airport or heliport designated by the Minister by notice in the Gazette as a designated airport for the purposes of this Act; [Definition of “designated airport” inserted by s. 27 (g) of Act No. 44 of 1993.] “harmful article” means— (a)any ammunition as defined in section 1 of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), and includes any cartridge or projectile intended for use in the discharge of an arm referred to in section 32 (1) of that Act; (b)any arm as defined in section 1 of the Arms and Ammunition Act, 1969, as amended from time to time in terms of subsection (2) of that section, and includes any arm referred to in section 32 (1) of that Act, any grenade, bomb or similar missile and any article which has the appearance of such an arm or a grenade, bomb or similar missile, whether capable of being discharged or exploded or not; (c)explosives as defined in section 1 of the Explosives Act, 1956 (Act No. 26 of 1956), and includes any article which has the appearance of an explosive or which is marked or labelled that it is or contains an explosive, whether such article is capable of explosion or of being exploded or not; or (d)any other article which is primarily a weapon of attack or defence in reference to persons or an instrument by means of which property may be damaged or destroyed; [Definition of “harmful article” inserted by s. 1 (a) of Act No. 63 of 1978.] “heliport” means a defined area on any land or building, which is intended to be used for, or in connection with, the arrival, departure or movement of helicopters, and includes any building, installation or equipment within such area; [Definition of “heliport” inserted by s. 1 (c) of Act No. 63 of 1978.] “Minister” means the Minister of Transport; [Definition of “Minister” inserted by s. 1 (c) of Act No. 63 of 1978 and substituted by s. 1 of Act No. 4 of 1981 and by s. 27 (h) of Act No. 44 of 1993.] “oath” includes an affirmation or declaration in the case of persons allowed by the law of any country concerned to affirm or declare instead of swearing; “pilot in command”, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; “Republic” includes any territory in respect of which Parliament is competent to legislate; “restricted area” means any area, building or place at a designated airport, in respect of which access control has been instituted for security purposes by, or with the concurrence of, the management of such designated airport, and includes any area, building or place at a designated airport, in respect of which the Minister has directed the management of the designated airport, or any organization conducting business at a designated airport, to institute access control and in respect of which access control has been so instituted; [Definition of “restricted area” inserted by s. 1 (d) of Act No. 63 of 1978 and amended by s. 27 (i) of Act No. 44 of 1993.] “search” includes the use of metal detectors for persons and metal detectors, X-ray equipment and explosive detecting equipment for personal effects, baggage, cargo, mail and other goods; [Definition of “search” inserted by s. 1 (d) of Act No. 63 of 1978.] “South African aircraft” means an aircraft registered in the Republic and includes any aircraft that is operated by joint air transport operating organizations or international operating agencies established by the State and any other convention country and that is declared by the Minister of Transport, by notice in the Gazette, to be a South African aircraft. “this Act”, includes any regulations made under this Act. [Definition of “this Act” inserted by s. 1 (e) of Act No. 63 of 1978.] (2) For the purposes of this Act an aircraft shall be deemed to be in flight— (a)at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation or, if the aircraft makes a forced landing, until the moment when the competent authorities of the country in which the forced landing takes place, take over the responsibility for the aircraft and for the persons and property on board; (b)during any period when it is on the surface of the sea or land but not within the territorial limits of any country. (3) For the purposes of this Act an aircraft shall be deemed to be in service from the beginning of the preflight preparation of such aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing. 2. Offences and penalties.—(1) Any person who— (a)on board any aircraft in flight— (i)by force or threat of force or by any other form of intimidation and without lawful reason seizes, or exercises control of, that aircraft; (ii)assaults any person, if such assault is likely to endanger the safety of that aircraft; (iii)assaults or wilfully interferes with any member of the crew of that aircraft in the performance of his duties; (b)destroys an aircraft in service or wilfully causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; (c)places on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft or to cause damage to it which renders it incapable of flight or is likely to endanger its safety in flight; (d)destroys or wilfully damages air navigation facilities or wilfully interferes with their operation; [Para. (d) substituted by s. 2 (a) of Act No. 63 of 1978.] (e)communicates information which he knows to be false, thereby endangering the safety of an aircraft in service; [Para. (e) substituted by s. 2 (a) of Act No. 63 of 1978.] (f)places at, on or in any designated airport, airport, heliport or air navigation facility any device or substance which is calculated to endanger, injure or kill any person, or to endanger, damage, destroy, render useless or unserviceable or put out of action any property, vehicle, aircraft, building, equipment or air navigation facility or part thereof; [Para. (f) substituted by s. 2 (a) of Act No. 63 of 1978.] (f A)wilfully pollutes any aviation fuel; [Para. (fA) inserted by s. 2 (a) of Act No. 63 of 1978.] (g)performs any other act which jeopardizes or may jeopardize the operation of an air carrier or the safety of a designated airport, airport, heliport, aircraft in service or of persons or property thereon or therein or which may jeopardize good order and discipline at a designated airport, airport or heliport or on board an aircraft in service, [Para. (g) substituted by s. 2 (a) of Act No. 63 of 1978.] shall be guilty of an offence and liable on conviction to imprisonment for a period of not less than five years but not exceeding thirty years. (2) Any person— (a)who threatens to commit any offence referred to in subsection (1) or who falsely alleges that any other person has committed or is about to commit any such offence; or (b)who communicates information which he knows to be false or incorrect, and thereby interferes with or may interfere with the operation of an air carrier or of a designated airport, airport or heliport, shall be guilty of an offence and on conviction be liable to imprisonment without the option of a fine for a period not exceeding fifteen years. [Sub-s. (2) added by s. 2 (b) of Act No. 63 of 1978.] (3) Any person who on board any aircraft in service commits any nuisance or any disorderly or indecent act or is in a state of intoxication or behaves in a violent or offensive manner to the annoyance of any other person on the aircraft or uses abusive, indecent or offensive language, shall be guilty of an offence an on conviction be liable to a fine not exceeding one hundred rand. [Sub-s. (3) added by s. 2 (b) of Act No. 63 of 1978.] 2A. Prohibition and control of carriage of persons and harmful articles in aircraft.—(1) Except with the permission of the aircraft operator, and subject to such conditions as the operator may stipulate, no person shall at a designated airport, airport or heliport board or attempt to board, or be on, an aircraft if he has in his possession or under his control any harmful article or if any harmful article has to his knowledge been placed within his reach and at his disposal. (2) Any person who wishes to consign any harmful article by aircraft, shall consign the article in the manner required, and in accordance with the conditions stipulated, by the aircraft operator: Provided that where the Minister has by regulation under the Aviation Act, 1962 (Act No. 74 of 1962), prescribed the manner in which, and the conditions subject to which, an article which is also a harmful article under this Act shall be consigned by aircraft, the provisions of such regulation shall prevail in the case of a conflict with any requirement, or any condition stipulated, under this subsection. (3) An air carrier may refuse to transport on an aircraft any person, personal effects, baggage, mail, cargo or other goods, if in the opinion of the air carrier— (a)the person concerned may, while on board, perform or attempt to perform any act which may jeopardize the safety of the aircraft or interfere with the flight of the aircraft; or (b)any occurrence which may jeopardize the safety of the aircraft or which may interfere with the flight of the aircraft, may eventuate from the transportation of such person, personal effects, baggage, mail, cargo or other goods. [S.2A inserted by s. 3 of Act No. 63 of 1978.] 2B. Prohibition and control of persons and harmful articles in restricted areas.—(1) (a) Subject to the provisions of this Act, no person shall enter or attempt to enter or be within any restricted area if he has in his possession or under his control any harmful article or if any harmful article has to his knowledge been placed within his reach and at his disposal. (b) The provisions of paragraph (a) shall not apply with reference to a passenger or crew member who arrived by aircraft and who is in a restricted area for the purpose of taking possession of baggage in which a harmful article is, if the passenger or crew member, before he collects the baggage, declares the harmful article to any customs officer where such an officer is on duty in the restricted area, or, where such an officer is not available, to an authorized person. (2) The provisions of subsection (1) shall not apply with reference to— (a)an employee of the State or the company; [Para. (a) substituted by s. 28 of Act No. 44 of 1993.] (b)an authorized person; (c)any person authorized in writing by the airport manager concerned to be within the restricted area in question, which authority may be conditional, who is in possession of a harmful article within the restricted area in the course, and for the purpose, of his employment at the designated airport in question. (3) Any authorized person may refuse entry into a restricted area to any person, or of any baggage, personal effects, mail, cargo, vehicle or other goods, if in the opinion of the authorized person— (a)the person concerned may, while he is within the restricted area, perform or attempt to perform any act which may jeopardize the safety of the designated airport or of any aircraft, air navigation facility or air traffic service unit, or which may interfere with the operation thereof; or (b)any occurrence which may jeopardize the safety of the designated airport or of any aircraft, air navigation facility or air traffic service unit, or which may interfere with the operation thereof, may eventuate from the entry into the restricted area of such person, baggage, personal effects, mail, cargo, vehicle or other goods. (4) Any person to whom, and any person who has a legal interest in any baggage, personal effects, mail, cargo, vehicle or goods in respect of which, entry into a restricted area has been refused in terms of subsection (3), may forthwith request any person in authority over the authorized person, and such person in authority or the airport manager may confirm the refusal or grant the permission required on such conditions as he may deem fit. [S. 2B inserted by s. 3 of Act No. 63 of 1978.] 2C. Prohibition and control of persons and harmful articles in air navigation facilities.—(1) Except with the permission of the person in control of an air navigation facility, and subject to such conditions as such person may stipulate, no person shall have access to any air navigation facility. (2) The person in control of an air navigation facility may refuse access thereto to any person, or of any personal effects or goods, if in his opinion— (a)the person concerned may, while he is at or within the air navigation facility, perform or attempt to perform any act which may jeopardize the safety of the air navigation facility or any contents thereof, or which may interfere with the operation thereof; or (b)any occurrence which may jeopardize the safety of the air navigation facility or any contents thereof, or which may interfere with the operation thereof, may eventuate from the access thereto of such person, effects or goods. [S. 2C inserted by s. 3 of Act No. 63 of 1978.] 2D. Penalties.—Any person who contravenes any provision of section 2A, 2B or 2C, or who fails to comply with any provision thereof or with any condition of any permission granted thereunder, shall be guilty of an offence and on conviction be liable to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [S. 2D inserted by s. 3 of Act No. 63 of 1978.] 2E. Authorized persons and certain employees may call for identification.—(1) (a) Any authorized person may, if he deems it necessary in the interests of security, call upon any person at, in or upon any designated airport, airport or heliport or air navigation facility to furnish him with his full name and address. (b) Any employee attached to a designated airport, airport or heliport or an air navigation facility, who has been authorized thereto in writing by the designated airport, airport or heliport manager or person in control of the air navigation facility, respectively, may, if he deems it necessary in the interests of security, exercise the power referred to in paragraph (a) in respect of the designated airport, airport, heliport or air navigation facility in question, as the case may be. (2) Any person who fails to furnish his full name and address or who furnishes a false or incorrect name or address, shall be guilty of an offence and on conviction be liable to a fine not exceeding one hundred rand. [S. 2E inserted by s. 3 of Act No. 63 of 1978.] 2F. Search of persons and other things.—(1) (a) When requested thereto by an air carrier, an authorized person may without a warrant search at a designated airport, airport or heliport— (i)any person, or the hand baggage and personal effects of any person, who intends to board, or who has disembarked from, an aircraft; (ii)any other baggage, or any cargo or goods, before such baggage or cargo is or such goods are loaded into, or after such baggage or cargo has been or such goods have been off-loaded from, an aircraft. (b) The Minister may in respect of any particular flight or in respect of flights in general direct the manager of any particular designated airport, airport or heliport, or an air carrier in respect of any particular designated airport, airport or heliport, that a search shall be conducted by an authorized person without a warrant— (i)of all persons, or the hand baggage and personal effects of all persons, who intend to board an aircraft, or who have disembarked from an aircraft, at the designated airport, airport or heliport, as the case may be; (ii)of any other baggage, or any cargo or goods, before such baggage or cargo is or such goods are loaded into, or after such baggage or cargo is or such goods are off-loaded from, any aircraft at the designated airport, airport or heliport. (c) Any person who fails to comply with any direction under paragraph (b), shall be guilty of an offence and on conviction be liable to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (2) Any air carrier may refuse to transport— (a)any person or his hand baggage or personal effects, if such person refuses to be searched or to have his hand baggage or personal effects searched under subsection (1); (b)any other baggage, or any cargo or goods, for any person who refuses to have such baggage, cargo or goods searched under subsection (1). (3) (a) If an airport manager is of the opinion that is necessary for the security of the designated airport that a person, or the baggage or personal effects of a person, who intends to enter a restricted area, or that any vehicle or cargo which is, or goods which are, to enter a restricted area, be searched, he may direct any authorized person to conduct such search without a warrant. (b) The Minister may direct the manager of any particular designated airport, or the manager of any organization conducting any business at any particular designated airport, that any person, or the baggage or personal effects of any person, who enters any restricted area at the designated airport, or that any vehicle or cargo which is, or any goods which are, to enter a restricted area at the designated airport, be searched by an authorized person without a warrant. (c) Any person who fails to comply with any direction under paragraph (b), shall be guilty of an offence and on conviction be liable to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (4) Any authorized person may without a warrant search— (a)at any place any building, structure, equipment or part thereof, or any vehicle, cargo or other goods; (b)at any designated airport, airport or heliport any person or his baggage or personal effects, or any aircraft, if he has reasonable grounds to believe that the search is necessary for the security of any designated airport or any passengers or aircraft at any designated airport or of an air navigation facility of any designated airport, or to avoid interference with the operation of an air carrier, any designated airport or an air navigation facility of any designated airport. (5) Any authorized person may without a warrant search any air navigation facility or any contents thereof, or any person or article found thereat, if he has reasonable grounds to believe that the search is necessary for the security of the air navigation facility, or to avoid interference with the operation of such facility. (6) (a) If a person refuses to be searched, or to have his baggage or personal effects searched, under subsection (1) or (3), an authorized person may, where such person intends boarding an aircraft or entering a restricted area, in writing order him immediately to leave the designated airport, airport or heliport, as the case may be, and not to return thereto for a specified period, which period shall not exceed twenty-four hours. (b) If any person at any designated airport, airport or heliport refuses to have any cargo, goods, vehicle or article searched under subsection (1) or (3), an authorized person may, where such cargo or article is, or such goods are, to be consigned, or where such cargo, vehicle or article is, or such goods are, to enter a restricted area, in writing order him immediately to remove, or may himself remove, the cargo, goods, vehicle or article from the designated airport, airport or heliport, as the case may be. (c) Any person who, in contravention of paragraph (a), refuses to leave a designated airport, airport or heliport, or returns thereto before the expiration of the specified period, or who, in contravention of paragraph (b), refuses to remove any cargo, goods, vehicle or article from the designated airport, airport or heliport, shall be guilty of an offence and on conviction be liable to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (7) A search of any person, baggage, personal effects, cargo, goods, vehicle, aircraft, structure, building or equipment shall be conducted with strict regard to decency and order, and a woman shall be searched by a woman only, and if no female authorized person is available, the search shall be made by a woman designated for the purpose by an authorized person. [S. 2F inserted by s. 3 of Act No. 63 of 1978.] 2G. Seizure or retention of harmful articles.—(1) An authorized person may seize any harmful article found during a search carried out under section 2F, or retain such article for safe custody while the person in whose possession or custody or under whose control the article was found remains on the aircraft or in the restricted area or at or in the air navigation facility, as the case may be. (2) A harmful article seized under subsection (1) shall be delivered to a police official as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and shall be dealt with and be disposed of under the provisions of Chapter 2 of that Act as if it were an article seized, and delivered to such police official, under that Chapter. [S. 2G inserted by s. 3 of Act No. 63 of 1978.] 2H. Powers of arrest.—(1) An authorized person may without a warrant arrest any person— (a)who, in his presence, commits any offence with reference to any provision of section 2, 2A, 2B, 2C, 2E or 2F (6) (c); (b)whom he reasonably suspects of having committed any offence with reference to any provision of section 2, 2A, 2B, 2C, 2E or 2F (6) (c). (2) If an authorized person attempts to arrest any person under subsection (1) and such person— (a)resists the attempt and cannot be arrested without the use of force; or (b)flees when it is clear that an attempt to arrest him is being made, or resists such attempt and flees, the authorized person may, in order to effect the arrest, use such force as may in the circumstances be reasonably necessary to overcome the resistance or to prevent the person concerned from fleeing, and may call on any competent person to assist him to effect the arrest. [S. 2H inserted by s. 3 of Act No. 63 of 1978.] 2I. Powers of peace officers.—No provision of this Act shall derogate from any power under the Criminal Procedure Act, 1977 (Act No. 51 of 1977), of a peace officer, as defined in section 1 of that Act, who is an authorized person under this Act. [S. 2I inserted by s. 3 of Act No. 63 of 1978.] 2J. Action by Minister in respect of threat to safety.—(1) If the Minister is of the opinion that any action by any person or any group of persons is of such a nature that the safety of any person on or in any aircraft or at any designated airport, airport, heliport or air navigation facility, or of any aircraft, designated airport, airport, heliport or air navigation facility, or of any property at any designated airport, airport, heliport or air navigation facility, is being seriously and immediately threatened, he or any person designated by him for the purpose may issue such orders as may be deemed necessary to any person or group of persons to counter such action. (2) An authorized person may take such steps as he may in the circumstances deem necessary to ensure that an order referred to in subsection (1) is complied with. (3) Any person who fails or who refuses to give effect immediately to an order issued in terms of subsection (1), shall be guilty of an offence and on conviction be liable to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. (4) The Minister may, to such extent as he may determine and with the concurrence of the Minister of State Expenditure, compensate out of the State Revenue Fund any person who satisfies him that he has suffered any damage or bodily harm, or has incurred costs, in the execution of any order issued in terms of subsection (1). [S. 2J inserted by s. 3 of Act No. 63 of 1978. Sub-s. (4) amended by s. 29 of Act No. 44 of 1993.] 2K. Board of inquiry.—(1) When an offence has been committed with reference to any provision of section 2, 2A, 2B or 2C, or if any orders have been issued under section 2J to counter any action contemplated in that section, the Minister may appoint a board of inquiry, which shall consist of so many persons as the Minister may determine, to inquire into any aspect of such offence or such action or any circumstance relating thereto, which the Minister may refer to the board, and to report to him thereon and make such recommendations with regard thereto as the board may think fit. (2) The board shall determine its own procedure and, where it consists of more than one member, have a chairman designated by the Minister. (3) The board shall have the power to summon and examine witnesses on oath or affirmation and to call for the production for examination by the board of any books, documents or other matter. (4) The laws and rules governing magistrates’ courts shall mutatis mutandis apply with reference to procuring the attendance of witnesses, their examination, the production of books and documents, and the like, and for that purpose the chairman of the board or, where the board consists of one person only, such person shall have power to sign such documents as may be necessary for the purpose of the inquiry, in the same manner as the magistrate or the clerk of the court has power to do under the rules of the magistrates’ courts. (5) Any process to be served for the purposes of the board shall be served by the messenger of the court for the district in which the person upon whom service is to be made resides, or by a member of the South African Police Force. [Sub-s. (5) amended by s. 30 of Act No. 44 of 1993.] (6) The chairman of the board or, where the board consists of one person only, such person may direct that the public or any class thereof shall not be present at the proceedings, or any part of the proceedings, of the board. (7) If the chairman of the board or, where the board consists of one person only, such person deems it in the public interest, he may direct that any finding or recommendation of the board, or any evidence as presented to the board, shall not be made available to any court of law. (8) Where an offence or any action contemplated in subsection (1) is associated with an accident within the meaning of section 12 of the Aviation Act, 1962 (Act No. 74 of 1962), the Minister may appoint one board consisting of the same member or members, to conduct a joint inquiry under that Act and this Act in accordance with the provisions of this section. [S. 2K inserted by s. 3 of Act No. 63 of 1978.] 2L. Regulations.—(1) The Minister may make regulations relating to— (a)the establishment, constitution and functions of a committee to advise the Minister and interested persons with regard to the safety of civil aviation and the effective application of the provisions of this Act; [Para. (a) substituted by s. 2 (a) of Act No. 4 of 1981.] (b)the drawing-up of plans with regard to measures which shall be adopted in order to promote or ensure the safety of civil aviation and the effective application of the provisions of this Act (hereinafter in this section referred to as safety plans), the approval by the Minister of safety plans and the secrecy thereof; [Para. (b) substituted by s. 2 (a) of Act No. 4 of 1981.] (c)the designation of officers in the service of the State to apply the provisions of this Act or any safety plan, and the other functions of such officers; [Para. (c) substituted by s. 2 (a) of Act No. 4 of 1981.] (d)the designation, training, qualifications and functions of persons charged with the application of safety measures at particular designated airports and in respect of flights with aircraft; [Para. (d) substituted by s. 2 (a) of Act No. 4 of 1981.] (e)the administrative steps which shall precede the designation by the Minister, in accordance with the provisions of the definition of “designated airport”, of any airport or heliport as a designated airport; [Para. (e) substituted by s. 2 (a) of Act No. 4 of 1981.] (f)(i)the part of the expenses incurred in connection with the application of the provisions of a safety plan or of this Act which shall be met by the State; (ii)the duty of airport managements and air carriers to render available particular equipment at designated airports and to employ persons for the purposes of the application of the provisions of this Act or any safety plan; [Para. (f) substituted by s. 2 (a) of Act No. 4 of 1981.] (g)the levying of charges or the reimbursement of expenses in relation to the provision of security services for aircraft or at designated airports; (h)the prohibition or the control of the publication of incidents relating to security or affecting the safe and orderly operation of an air carrier, designated airport, airport or heliport or of an aircraft in flight, or of the publication of any particulars or information relating to any measures dealing with the security of an aircraft, designated airport, airport or heliport or air navigation facility, including particulars or information relating to any plan or programme, staff, device or system, agreement or special procedure in connection with security; (i)the serving and consumption of intoxicating liquor on aircraft, the responsibility of air carriers and the training and powers of crew members of aircraft in this regard, the manner in which beverage containers shall be stored and handled and the admission to aircraft of persons who are under the influence of intoxicating liquor or drugs; (j)generally, any matter which the Minister may consider necessary for the better achievement of the objects, and the better administration of the provisions, of this Act. (2) The regulations may provide for penalties in respect of any contravention of, or failure to comply with, any provision thereof or of any safety plan approved by the Minister. [Sub-s. (2) substituted by s. 2 (b) of Act No. 4 of 1981.] (3) Different regulations may be made in respect of different air carriers, designated airports, airports, heliports or air navigation facilities. (4) No charges or rates of compensation shall be prescribed under the regulations except with the concurrence of the Minister of State Expenditure. [S. 2L inserted by s. 3 of Act No. 63 of 1978 and substituted by s. 31 of Act No. 44 of 1993.] 2M. Delegation of powers.—The Minister may delegate to the Director-General: Transport or the managing director of the company any power conferred upon him by section 2F (1) (b) and (3) (b) and 2J (1). [S. 2M inserted by s. 3 of Act No. 63 of 1978, substituted by s. 3 of Act No. 4 of 1981 and amended by s. 32 of Act No. 44 of 1993.] 2N. Compensation to company.—The Minister may, to such extent as he may determine and with the concurrence of the Minister of State Expenditure, out of moneys appropriated by Parliament compensate the company for any cost it incurs which is directly related to the performance of its functions or duties in terms of the provisions of this Act and which the company cannot readily recover from the users of a company airport as defined in section 1 of the Airports Company Act, 1993. [S. 2N inserted by s. 33 of Act No. 44 of 1993.] 3. Acts or omissions taking place outside the Republic.—(1) Any act or omission taking place on board a South African aircraft in flight elsewhere than in or over the Republic and which, if taking place in or over the Republic, would be an offence, shall constitute that offence. (2) Any act contemplated in section 2 and committed outside the Republic on board any aircraft in flight, other than a South African aircraft, and any act of violence against passengers or crew committed on any such aircraft by a person in connection with an act contemplated in section 2 (1) (a) (i) shall— (a)if such aircraft lands in the Republic with the person who committed any such act, still on board; (b)if such aircraft is leased without crew to a lessee who has his principal place of business or, if he has no such place of business, his permanent residence, in the Republic; or (c)if that person is present in the Republic, be deemed to have been committed also in the Republic. [Sub-s. (2) amended by s. 4 of Act No. 63 of 1978.] 4. Jurisdiction.—Any offence contemplated in section 3 (2) shall for the purposes of jurisdiction be deemed to have been committed in any place where the accused happens to be. 5. Extradition.—(1) . . . . . . [Sub-s. (1) deleted by s. 19 (a) of Act No. 29 of 1974.] (2) For the purposes of the application of the Extradition Act, 1962 (Act No. 67 of 1962), to an offence committed on board an aircraft in flight— (a)any aircraft registered in any convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country; (b)if such aircraft lands in any other convention country with the offender still on board, the offence shall be deemed to have been committed also in that country; (c)if such aircraft was leased without crew to a lessee who has his principal place of business or, if he has no such place of business, his permanent residence in any other convention country, the offence shall be deemed to have been committed also in that country. [Sub-s. (2) amended by s. 19 (b) of Act No. 29 of 1974.] 6. Powers of commander of aircraft and certain other persons on board an aircraft.—(1) If the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft— (a)that he has done or is about to do any act on the aircraft in flight which jeopardizes or may jeopardize— (i)the safety of the aircraft or of persons or property on board the aircraft; or (ii)good order and discipline on board the aircraft; or (b)that he has done on the aircraft in flight any act which in the opinion of the commander is a serious offence under the law in force in the country in which the aircraft is registered,then, subject to the provisions of subsection (3), the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary— (i)to protect the safety of the aircraft or of persons or of property on board the aircraft; or (ii)to maintain good order and discipline on board the aircraft; or (iii)to enable the commander to disembark or deliver that person in accordance with the provisions of subsection (4). (2) Any member of the crew of an aircraft and any other person on board may, at the request or with the authority of the commander of the aircraft, and any such member shall, if so required by the commander, render assistance in restraining any person whom the commander is entitled, under subsection (1), to restrain, and at any time while an aircraft is in flight any such member or other person may, without obtaining the authority of the commander, take with respect to any person on board the aircraft any measures such as are mentioned in the said subsection (1) which he has reasonable grounds to believe are reasonably necessary to protect the safety of the aircraft or of persons or of property on board the aircraft. (3) Any restraint imposed on any person on board an aircraft under the powers conferred by subsections (1) and (2), shall not be continued after the time when the aircraft first thereafter ceases to be in flight, unless before or as soon as is reasonably practicable after that time the commander of the aircraft causes notice of that fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to an appropriate authority of the country in which the aircraft so ceases to be in flight, and may, if such notice has been so sent, be continued after that time— (a)for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able, with any requisite consent of the appropriate authorities, to disembark or deliver the person under restraint in accordance with subsection (4); or (b)if the person under restraint agrees to continue his journey under restraint on board that aircraft. (4) The commander of an aircraft— (a)if, in the case of any person on board the aircraft, he has reasonable grounds— (i)to believe as mentioned in subsection (1) (a); and (ii)to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft, may disembark that person in any country in which that aircraft may be; and (b)if, in the case of any person on board the aircraft, he has reasonable grounds to believe as mentioned in subsection (1) (b), may deliver that person— (i)in the Republic, to a member of a police force established in terms of any law, or to an immigration officer; or (ii)in any other convention country, to an officer having functions corresponding to the functions, in the Republic, either of such a member or of an immigration officer. (5) The commander of an aircraft— (a)if he disembarks any person in terms of subsection (4) (a), in the case of a South African aircraft, in any country, or, in the case of any other aircraft, in the Republic, shall report the disembarkation, and the reasons therefor, to— (i)an appropriate authority in the country of disembarkation; and (ii)the appropriate diplomatic or consular office of the country of nationality of that person; (b)if he intends to deliver any person in terms of subsection (4) (b) in the Republic, or, in the case of a South African aircraft, in any other convention country, shall before or as soon as reasonably practicable after landing, give notice of his intention and of the reasons therefor— (i)where the country in question is the Republic, to a member of a police force established in terms of any law, or to an immigration officer, or, in the case of any other country, to an officer having functions corresponding to the functions, in the Republic, either of such a member or of an immigration officer; and (ii)in either case to the appropriate diplomatic or consular office of the country of nationality of that person. (6) Any commander of an aircraft who without reasonable cause fails to comply with the requirements of subsection (5), shall be guilty of an offence and on conviction liable to a fine not exceeding two hundred rand. (7) The provisions of subsections (1) to (4) shall apply for the purposes of any proceedings before a court in the Republic. 7. Admissibility of certain statements as evidence.—(1) If in any proceedings before a court in the Republic for an offence committed on board an aircraft the evidence of any person is required and the court is satisfied that that person cannot be found in the Republic, there shall be admissible in evidence before that court any statement in writing relating to the subject matter of those proceedings previously made on oath by that person outside the Republic and which was so made— (a)in the presence of the person charged with the offence; and (b)in any other convention country to an officer having functions corresponding to the functions, in the Republic, either of a judge or of a magistrate or of a consular officer. (2) Any such statement shall be authenticated by the signature of the officer before whom it was made, who shall certify that the person in question was present at the taking of the statement. (3) It shall not be necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such statement or to have given such a certificate, and such certificate shall, unless the contrary is proved, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the statement. (4) Nothing in this section contained shall prejudice the admission as evidence of any statement which is admissible in evidence apart from this section. 8. Aircraft to which Act does not apply.—This Act shall not apply to aircraft used in military, customs or police services. 9. Application of Act in certain territories.—This Act and every amendment thereof shall also apply in every territory in respect of which Parliament is competent to legislate. 10. Repeal of section 16 of Act 74 of 1962.—Section 16 of the Aviation Act, 1962, is hereby repealed. 11. Short title and commencement.—This Act shall be called the Civil Aviation Offences Act, 1972, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.