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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 4

Part 7 : Offences

65 Offences

 

(1) Any person who—
(a) without lawful excuse, wilfully resists or otherwise obstructs a member or an investigator in the execution of powers or duties under this Act;
(b) knowingly gives false or misleading information at any investigation or public inquiry under this Chapter; or
(c) makes a report pursuant to section 61 that the person knows to be false or misleading,

is guilty of an offence and liable on conviction to a fine or term of imprisonment not exceeding two years.

 

(2) A person may not refuse or fail to produce information to an investigator, or to attend before an investigator and give a statement, in accordance with section 33(3)(a), or to provide information in accordance with section 33(3)(c) or to make the body of a deceased person or other human remains available for the performance of an autopsy or medical examination in accordance with a requirement imposed under section 33(3)(d) of this Act.

 

(3)
(a) No person may refuse or fail to submit to a medical examination in accordance with section 33(3)(b), but information obtained pursuant to such an examination is privileged and subject to the power of the Aviation Safety Investigation Board to make use of it as it considers necessary in the interests of aviation safety.
(b) No person may—
(i) knowingly communicate it or permit it to be communicated to any person; or
(ii) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings.

 

(4) Any person who contravenes subsection (2) or (3) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.