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

Chapter 4 Part 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 Investigations

35. Power to test items seized

(1)	Where any item is seized by an investigator under section 34, the investigator—

(a)	may, subject to paragraph (b), cause such tests, including tests to destroy, to be conducted on the item as are necessary for the purposes of the investigation in respect of which the item was seized;

(b)

must, to the extent that it is practical and safe to do so and does not unreasonably impede the progress of the investigation, take all reasonable measures to invite the owner of the item, and any person who appears on reasonable grounds to be entitled to it, to be present at any tests referred to in paragraph (a); and

(c)	subject to the need to conduct such tests, shall cause the item to be preserved pending its return in accordance with section 37.

(2)	Nothing in this section must be taken—

(a)	to imply that an item seized pursuant to subsection (1) may not be an aircraft or any part thereof; or

(b)	to authorise the exercise of a power by an investigator in circumstances where the exercise of that power would be inconsistent with the objective of the investigation.