| (b) | every person employed at or in connection with such aerodrome, air navigation facility, aviation facility or designated airport; |
| (c) | all foreign registered aircraft and personnel of such aircraft operating in the Republic or over the territorial waters thereof; and |
| (2) | For the purpose of subsection (1) the personnel of an aircraft is regarded to include the commander or any other person in charge of the aircraft, and all the other members of the crew of the aircraft. |
| (3) | This Act, the Convention and the Transit Agreement do not apply to— |
| (a) | an aircraft belonging to the South African National Defence Force and the South African Police Service; |
| (b) | airports, heliports or helistops belonging to the South African National Defence Force and the South African Police Service; |
| (c) | an aircraft or airports in use exclusively by the South African National Defence Force or South African Police Service, or to any person employed on or in connection with such aircraft or airports, irrespective of whether such person is so employed in a military or civil capacity: Provided that the Minister, after consultation with the Minister of Defence or the Minister of Safety and Security, as the case may be, may by notice in the Gazette apply any of the said provisions with or without modification to any such aircraft, aerodrome or person; and |
| (d) | an aircraft used by customs services. |
| (4) | Notwithstanding subsection (3), Part 1 of Chapter 11 and the Civil Aviation Regulations, 1997, apply to— |
| (a) | an aircraft belonging to the South African National Defence Force and South African Police Service; and |
| (b) | an aircraft in use exclusively by the South African National Defence Force and South African Police Service, |
where such aircraft are in flight through controlled airspace or in use at non-military aerodromes and heliports.
