Air Services Licensing Act, 1990 (Act No. 115 of 1990)

Schedule

Laws Amended (Section 33)

Part III

Purchase

Amendment of the Aviation Act, 1962 (Act No. 74 of 1962), as follows:—

1.	The amendment of section 1 by the deletion of the definition of "Commission".

2.	The substitution for section 4 of the following section:

"4.	Functions or Minister In connection with provisions or this Act

(1)	The [Commission] Minister shall [subject to the control and direction or the Minister] be responsible for the carrying out of the provisions of this Act and of the Convention and of the Transit Agreement.

(2)	Every person appointed under this Act or concerned with the carrying out of the provisions thereof, shall perform his functions and exercise any discretion expressly or impliedly vested in him, subject to the directions and approval of the [Commission] Minister.

(3)	With the written consent of the [Commission] Minister any person in whom any discretion is vested as is contemplated in subsection (2), may delegate the power to exercise such discretion on his behalf to any other specified person.".

3.	The amendment of section 19 by the substitution for subsection (3) of the following subsection:

"(3)

This section shall apply equally to the owner of an aircraft and to the pilot or person in charge thereof, unless the owner (except in the case of an air carrier as defined in sect1on 1 of the International Air Services Act, 1949 (Act No. 51 of 1949), or in the case of a licensee as defined in section 1 of the Air Services Licensing Act, 1990) proves to the satisfaction of the court that the contravention, offence or failure in question occurred without his order, permission or connivance.".