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

Chapter 4

Part 4 : Reporting on Completion of Aircraft Accident or Aircraft Incident Investigation

41. Aircraft accident or incident investigation report

[Section 41 heading substituted by section 8 of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]

 

(1) On completion of any investigation, the Aviation Safety Investigation Board must prepare and make available to the Minister, Parliament and the public, a report on its findings, including any safety deficiencies that it has identified and any recommendations that it considers appropriate in the interests of aviation safety.

 

(2) Before making public a report under subsection (1), the Aviation Safety Investigation Board must—
(a) send a copy of the draft report on its findings and any safety deficiencies that it has identified, to each department and any other person who, in the opinion of the Aviation Safety Investigation Board, has a direct interest in the findings of the Aviation Safety Investigation Board;
(b) give that department or interested person a reasonable opportunity to make representations to the Aviation Safety Investigation Board with regard to the draft report, before the final report is prepared;
(c) comply with the provisions of Annex 13; and
(d) take into account the protection of information provided for in this Act or any other Act of Parliament.

 

(3) The period for submission of any representations must be within 60 days of receipt of the report.

 

(4) No person may communicate or use the draft report or permit its communication or use for any purpose, other than the taking of remedial measures, not strictly necessary to the study of, and preparation of representations concerning, the draft report.

 

(5) The Aviation Safety Investigation Board must provide an interim statement on the progress and findings of an investigation—
(a) on written request made in respect of that investigation, to any Minister responsible for a department having a direct interest in the subject matter of the investigation; and
(b) to any coroner investigating the aircraft accident or incident, where the aircraft accident or incident involved a fatality and significant progress has been made in the Aviation Safety Investigation Board’s investigation.

 

(6) A person, other than a Minister of a department, who is provided with an interim statement under subsection (5) must not use the statement or permit its use for any purpose not strictly necessary to the examination of the statement.

 

(7) The Aviation Safety Investigation Board must reconsider its findings and recommendations pursuant to an investigation that it has conducted under this Act where, in its opinion, new material facts appear.

 

[Section 41 substituted by section 8 of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]