Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 12 : Aviation Accidents and IncidentsSubpart 4 : Scene of an Accident12.04.7 Use of information for internal proceedings |
Notwithstanding the provisions of regulation 12.04.6, an appropriate authority may authorise the use of the records referred to in regulation 12.04.6(1) except the records mentioned in paragraph (a) thereof, for internal proceedings when—
[Words preceding regulation 12.04.7(a) substituted by regulation 4(f) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (a) | there is evidence that the occurrence was caused by an act considered, after investigation in accordance with these regulations, to be conducted with intent to cause damage, or conducted with knowledge that damage would probably result, equivalent to reckless conduct, gross negligence or wilful misconduct; |
| (b) | the appropriate authority considers that circumstances reasonably indicate that the occurrence may have been caused by conduct with intent to cause damage, or conduct with knowledge that damage would probably result, equivalent to reckless conduct, gross negligence or wilful misconduct; or |
| (c) | a review by the appropriate authority determines that the release of the safety information is necessary for the proper administration of justice, and that its release outweighs the adverse domestic and international impact such release may have on the future availability of safety information. |