Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 16 : Transitional Provisions, Repeal and Amendment of Laws, Acts Binding on State, Short Title and Commencement164. Transitional provisions |
| (1) | Any proclamation and regulation made under the Aviation Act 1962 (Act No. 74 of 1962), Civil Aviation Offences Act, 1972 (Act No. 10 of 1972), and the South African Civil Aviation Authority Act 1998 (Act No. 40 of 1998), shall remain in force until replaced by an Act of Parliament, or regulation made under this Act, as the case may be. |
| (2) | Any authorisation, certificate, licence, permission, permit or registration issued in terms of an Act repealed by section 166 which was valid immediately before the commencement of this Act, remains valid for the period specified in the authorisation, certificate, licence, permission, permits, registration or determination, as the case may be, unless terminated, cancelled or suspended in terms of this Act. |
| (3) | Any person who occupied a post or served in a particular capacity in terms of an Act repealed by section 166 immediately prior to the commencement of this Act continues to occupy or to serve in the corresponding post or capacity designated in this Act. |
| (4) | A reference in the Aviation Act, 1962 (Act No. 74 of 1962) to the Commissioner appointed under section 5 of the Aviation Act 1962 (Act No. 74 of 1962), shall be construed as a reference to the Director in this Act. |
| (5) | A reference in the South African Civil Aviation Authority Act 1998 (Act No. 40 of 1998) to the Chief Executive Officer appointed under section 11 of the South African Civil Aviation Authority Act 1998 (Act No. 40 of 1998), shall be construed as a reference to the Director in this Act. |
| (6) | Any person who received any allowance, remuneration or other benefit or privilege by virtue of a post or capacity contemplated in subsection (3) must continue to receive such allowance, remuneration or other benefit or privilege from the same source and in the same manner after the commencement of this Act. |
| (7) | Any person who received any allowance, remuneration, any leave, pension or other benefits which have accrued in any person's favour or other benefit or privilege by virtue of a post or capacity held by such person in terms of the repealed Acts in Schedule 2 immediately prior to the commencement of this Act is regarded as having been accrued in the person's favour. |
| (8) | Any power exercised or duty performed by the chief executive officer or the Commissioner for Civil Aviation by virtue of a provision of an Act administered by the Authority and in terms of section 4(2) of the South African Civil Aviation Authority Act, 1998 (Act No. 40 of 1998), immediately before the commencement of this Act, must be considered as having been exercised or performed by the Director. |
| (9) | On the date of commencement of this Act— |
| (a) | all assets, liabilities, rights and obligations of the South African Civil Aviation Authority, as it existed immediately prior to the commencement of this Act, pass to the Civil Aviation Authority established by this Act; and |
| (b) | subject to this Act, anything done by or on behalf of the South African Civil Aviation Authority is deemed to have been done by the Civil Aviation Authority. |
| (10) | The Civil Aviation Authority Board which is in office at the time of the promulgation of this Act will be deemed to be the Civil Aviation Authority Board established in terms of section 75 of this Act and will dissolve at the end of the financial year following the commencement of this Act or a date determined by the Minister. |
| (11) | Any rule, requirement, directive or decision made, put or issued or other thing done under or in terms of any provision of the repealed Acts in Schedule 2 as it was in force immediately prior to the commencement of this Act, shall be deemed to have been made, put, issued or done under or in terms of the corresponding provision of this Act. |