(1) The investigator-in-charge has exclusive authority to direct the conduct of investigations in relation to aviation occurrences but the authority of the investigator-in-charge under this subsection must be exercised in accordance with any regulations made pursuant to this Part.
(1A) The investigator-in-charge—
(a) has unhampered access to and control over—
(i) the scene of the accident in order to protect the aircraft, wreckage or accident site against access by unauthorized persons, pilfering or deterioration,
(ii) all relevant material and evidence including flight recorders and air traffic service records;
(b) has the authority to—
(i) carry out detailed examination of relevant material and evidence without delay,
(ii) conduct interviews with a witness or other person who may contribute to the investigation.
(Inserted by Act 25 of 2023)
(2) Subject to the provisions of any other law, and subsection (3) an accredited representative shall have the rights and privileges set out in Annex 13 of the Chicago Convention for conducting aircraft accident and incident investigations. (Amended by Act 25 of 2023)
(3) An accredited representative, and any other persons involved in the aviation occurrence investigation shall be subject to the direction of the investigator-in-charge.
(4) An investigator-in-charge may, for the purposes of preserving and protecting any thing involved or likely to have been involved in an aviation occurrence, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for such period as is necessary for the purposes of the investigation of the aviation occurrence.
(5) No person shall knowingly enter an area in contravention of a prohibition or limitation of access pursuant to subsection (4).
(6) Where an investigator is assigned to investigate an occurrence and that person is not an employee of the Authority that person shall be paid, remuneration, subject to such terms and conditions as the Minister thinks fit.