Implementation of Geneva Conventions Act, 2012
R 385
Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 3 : Functions and Powers of Aviation Safety Investigation Board, Powers of Director of Investigations and Investigators, Notification of Aircraft Accidents and Aircraft Incidents by Departments and Attendance and Observers at Investigations31. Powers of Aviation Safety Investigation Board |
| (1) | The Aviation Safety Investigation Board may do all that is necessary or expedient to perform its functions effectively, which includes the power to— |
| (a) | determine its own staff establishment subject to section 26, having due regard to available funds; |
| (b) | obtain, by agreement, the services of any person, including any organ of state, for the performance of any specific act or function; |
| (c) | acquire or dispose of any right in or to property, but ownership in immovable property may be acquired or disposed of only with the consent of the Minister; |
| (d) | investigate aircraft accidents and aircraft incidents; |
| (e) | determine categories of aircraft accidents and aircraft incidents that will be investigated by the Aviation Safety Investigation Board; |
| (f) | make rules for the internal procedure for the investigation of aircraft accidents and aircraft incidents by the Aviation Safety Investigation Board; |
| (g) | delegate, the investigation of any aircraft accident or aircraft incident to any other Contracting State, in accordance with Annex 13 to the Convention; |
| (h) | collect and disseminate relevant information; |
| (i) | reopen any investigation in compliance with Annex 13 to the Convention; |
| (j) | establish an aircraft accident and aircraft incident reporting system in compliance with Annex 13 to the Convention to facilitate the collection of information on actual or potential safety deficiencies; |
| (k) | upon request conduct investigations on behalf of other contracting States; |
| (l) | open and operate its own bank accounts; |
| (m) | insure itself against any loss, damage or risk; |
| (n) | perform legal acts, including acts in association with or on behalf of any other person or organ of state; |
| (o) | institute or defend any legal action; and |
| (p) | do anything that is incidental to the exercise of any of its powers. |
| (2) | If the accident occurred within the Republic, the Aviation Safety Investigation Board has the power to— |
| (a) | summon and examine witnesses under oath and to call for the production and inspection of books, logs, certificates, licences, medical records and other documents, and may grant inspection thereof; and |
| (b) | summon any person to give evidence before it, or to produce any official document or such other information or object as may be necessary for the performance of the Aviation Safety Investigation Board's functions. |
| (3) | The Aviation Safety Investigation Board may make rules in relation to the conduct and procedure of its meetings. |
| (4) | The Aviation Safety Investigation Board may make rules in relation to the reporting, investigation of aircraft accidents and aircraft incidents and the conduct and procedures of its investigations, including the participation of accredited representatives, advisers, experts and observers, in compliance with Annex 13 to the Convention. |
| (5) | The Aviation Safety Investigation Board may authorise any of its members to act as the Aviation Safety Investigation Board's accredited representative where the Republic is not the State of Occurrence, and such accredited representative may be accompanied by advisers and experts as the Aviation Safety Investigation Board may consider necessary. |
| (6) | The Aviation Safety Investigation Board may authorise any of its members to act on its behalf in any matter. |
| (7) | The Aviation Safety Investigation Board may, with the approval of the Minister and in consultation with the Minister of Finance, raise money by way of loans. |
| (8) | When the Aviation Safety Investigation Board finds it impracticable to comply in all respects with any international standard or procedure it must give notice to all the relevant interested parties in terms of Article 38 to the Convention. |
| (9) | The Aviation Safety Investigation Board may make rules in relation to the following matters concerning the staff of the Aviation Safety Investigation Board: |
| (a) | subject to the determination as contemplated in section 28(1) the different categories of salaries and scales of salaries which will apply to the different categories of staff; |
| (b) | the requirements for appointment, promotion, discharge and disciplinary steps; |
| (c) | the recognition of appropriate qualifications and experience for the purposes of appointment to a specific post; |
| (d) | the procedure and criteria for evaluation, and the conditions or requirements for promotion; |
| (e) | conduct, discipline, hours of attendance and leave of absence, including leave gratuity, and other conditions of service; |
| (f) | the creation of posts on the establishment of the Aviation Safety Investigation Board; |
| (g) | the training of staff, including financial assistance for such training; |
| (h) | a code of conduct to be complied with by staff; |
| (i) | the provision of official transport; |
| (j) | the conditions on which and the circumstances under which remuneration for overtime duty and travel, subsistence and other allowances may be paid; |
| (k) | the legal liability emanating from the use of official transport; |
| (l) | the circumstances under which and the conditions on and the manner in which a member of staff may be found guilty of misconduct, or to be suffering from continued ill health, or to be incapable of carrying out his or her duties of office efficiently. |
