International Air Services Amendment Act
This section amends section 1 of the International Air Services Act, 1993 by changing and adding several definitions.
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- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 10 of 1996
- Version
- Undated source snapshot
- Language
- en
- Updated
- Official source
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Statute overview
About this statute
This section amends section 1 of the International Air Services Act, 1993 by changing and adding several definitions. A person may not use an aircraft to operate an international air service unless covered by the required licence; the council may grant exemptions and must publish certain longer exemptions in the Gazette. A licensee who wants certain licence details or legal status changed must apply to the council on the prescribed form; exemption requests under section 17(5)(c) must also be made to the council on the prescribed form. Any person may submit written representations to the council about the application within 28 days after the notice is published, unless the council allows more time for good cause. The council may request further particulars from an applicant, exempt an applicant from a requirement, or strike an application off the roll in specified cases.
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Provisions of International Air Services Amendment Act
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- 1 Verify source ↗
Section 1 of the International Air Services Act, 1993 (hereinafter referred
AI-assisted research summary: This section amends section 1 of the International Air Services Act, 1993 by changing and adding several definitions.
1. Section 1 of the International Air Services Act, 1993 (hereinafter referred to as the principal Act), is hereby amended- (a) by the substitution in paragraph (a) of the definition of "airport" for subparagraph (ii) of the following subparagraph: "(ii) is a port of entry referred to in section 1**(c)** of the **Admission of Persons to the Republic Regulation Act, 1972 (Act No. 59 of 1972)** <>; or"; (b) by the insertion after the definition of "appropriate authority" of the following definitions: " <<'authorized officer' means an authorized officer as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962); 'close corporation' means a close corporation as defined in section 1 of the Close Corporations Act, 1984 (Act No. 69 of 1984)>>;"; (c) by the insertion after the definition of "Commissioner for Civil Aviation" of the following definition: " <<'company' means a company as defined in section 1 of the Companies Act, 1973 (Act No. 61 of 1973);>>"; (d) by the insertion after the definition of "foreign licence" of the following definition: " <<'inspector' means an inspector as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962);"; (e) by the substitution for the definition of "licence" of the following definition: " 'licence' means an international air service licence referred to in section 13(1) or **46(1)** <<47(1)>>;"; (f) by the substitution for the definition of "licensee" of the following definition: " 'licensee' means the person to whom a licence has been issued in terms of section 17(2) or (4) or deemed in terms of section **46(1)** <<47(1)>> to have been so issued;"; and (g) by the substitution for the definition of "operating certificate" of the following definition: " 'operating certificate' means an operating certificate issued in terms of section 31(2) or deemed in terms of section **46(1)** <<47(1)>> to have been so issued;". Amendment of section 13 of Act 60 of 1993 - 2 Verify source ↗
Section 13 of the principal Act is hereby amended-
AI-assisted research summary: A person may not use an aircraft to operate an international air service unless covered by the required licence; the council may grant exemptions and must publish certain longer exemptions in the Gazette.
2. Section 13 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: "(1) Subject to the provisions of this Act, no person shall use <> an aircraft to operate an international air service, except under and in accordance with the terms and subject to the conditions of an international air service licence issued to that person in terms of this Act or deemed to have been so issued."; and (b) by the addition of the following subsections: "<<(7) The council may upon application, exempt any applicant from the provisions of subsection (1) or from any other provision of this Act if, in the opinion of the council, the applicant is operating or proposes to operate an international air service on a non-profit basis for purposes incidental to social welfare or charity, or for purposes of salvage on humanitarian grounds, or where the granting of the exemption will assist in saving life. (8) Any exemption granted under subsection (7) shall be limited so as to apply only in respect of one or more aircraft, or one or more particular routes, journeys or transactions, and shall be limited as to time, area or distance, or otherwise as the council may deem fit. (9) The council shall publish the prescribed particulars in respect of each exemption referred to in subsection (7) which was granted for a period of 90 days or more by notice in the Gazette.>>". Amendment of section 15 of Act 60 of 1993 - 3 Verify source ↗
Section 15 of the principal Act is hereby amended-
AI-assisted research summary: A licensee who wants certain licence details or legal status changed must apply to the council on the prescribed form; exemption requests under section 17(5)(c) must also be made to the council on the prescribed form.
3. Section 15 of the principal Act is hereby amended- (a) by the insertion after subsection (2) of the following subsection: "(<<2A) If a licensee desires to- (a) in the case of a partnership, amend the particulars of any partner associated in the partnership; (b) in the case of a close corporation- (i) amend the particulars of any member associated in the close corporation; or (ii) amend its legal status by means of a conversion into a company in terms of section 29C of the Companies Act, 1973 (Act No. 61 of 1973); (c) in the case of a company- (i) amend the controlling shareholding of the company; or (ii) amend its legal status by means of a conversion into a close corporation in terms of section 27 of the Close Corporations Act, 1984 (Act No. 69 of 1984); (d) amend the particulars of the prescribed personnel appointed by the licensee to be responsible and accountable for the safety and reliability of the international air service, he, she or it shall apply to the council on the prescribed form for such amendment.>>"; and (b) by the addition of the following subsection: "<<(4) An application for exemption from the provisions of section 17(5)(c) shall be made to the council on the prescribed form.>>". Amendment of section 16 of Act 60 of 1993 - 4 Verify source ↗
Section 16 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: Any person may submit written representations to the council about the application within 28 days after the notice is published, unless the council allows more time for good cause.
4. Section 16 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: "(3) Any person may in writing address representations <> to the council against or in favour of such application within 28 days after the publication of the notice referred to in subsection (1), or such longer period as the council may allow on good cause shown.". Amendment of section 17 of Act 60 of 1993 - 5 Verify source ↗
Section 17 of the principal Act is hereby amended-
AI-assisted research summary: The council may request further particulars from an applicant, exempt an applicant from a requirement, or strike an application off the roll in specified cases.
5. Section 17 of the principal Act is hereby amended- (a) by the insertion in subsection (3) after paragraph (a) of the following paragraph: "<<(aA) (i) At such meeting the council may serve on the applicant a written request for further particulars to be supplied within 90 days. (ii) The particulars so supplied shall be open for inspection by the persons referred to in paragraph (a) until the subsequent meeting date contemplated in subparagraph (iii). (iii) If the council requests such further particulars the meeting shall be adjourned to any subsequent date in order to hear further arguments against or in favour of such application, taking into account the further particulars referred to in subparagraph (i).>>"; (b) by the substitution for subsection (10) of the following subsection: "(10) The council may, in its discretion, exempt an applicant from the provisions of subsection (5)(c) if the council is satisfied that such applicant complies with the prescribed requirements in respect of such aircraft and issue <> the licence concerned subject to the conditions the council deems fit regarding the operation and maintenance of that aircraft."; and (c) by the addition of the following subsection: "<<(14) (a) If an applicant ignores an order contemplated in subsection (3)(a) to appear before the council at a meeting or fails to appear on two successive occasions without furnishing reasons to the satisfaction of the council, or if an applicant fails to respond to a request contemplated in subsection (3)(aA)(i), and thereby delays the final adjudication of such application, the council may in its discretion order that the application be struck off the roll whereupon the applicant shall forfeit the application fee paid. (b) If an application is struck off the roll in terms of paragraph (a) the applicant shall not be allowed to proceed on the same papers, but shall lodge a new application if he, she or it wishes to proceed therewith.>>". Amendment of section 22 of Act 60 of 1993 - 6 Verify source ↗
Section 22 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: The licensee must notify the aviation commissioner and the council about specified certificate, information, and service changes, and must keep the licence and operating certificate safely.
6. Section 22 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) The licensee shall- (a) notify the Commissioner for Civil Aviation, in the prescribed manner, before any change is effected to the particulars on his, <> operating certificate; (b) furnish the council within the prescribed period with the prescribed statistical information; (c) keep his, <> licence and operating certificate in a safe place <> and (d) notify the council in **the prescribed manner- (i)** <> of any <> change **regarding the particulars referred to in section 15(3) or the requirements referred to in section 17(5); or (ii) of any curtailment, abandonment or extension** <> of the international air service concerned or any part thereof, <> at least 14 days before such change **curtailment, abandonment or extension** is effected.". Amendment of section 23 of Act 60 of 1993 - 7 Verify source ↗
Section 23 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: Section 23 is amended so that applications for a permit must be made to the Commissioner for Civil Aviation on the prescribed form.
7. Section 23 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection; "(1) **An** <> application for a permit shall be made to the Commissioner for Civil Aviation on the prescribed form.". Amendment of section 24 of Act 60 of 1993 - 8 Verify source ↗
Section 24 of the principal Act is hereby amended by the substitution for
AI-assisted research summary: Any person may send written representations to the Commissioner for Civil Aviation within 28 days after the relevant notice is published, unless the Commissioner allows more time for good cause.
8. Section 24 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: "(3) Any person may in writing address representations <> to the Commissioner for Civil Aviation against or in favour of such application within 28 days after the publication of the notice referred to in subsection (1), or such longer period as the Commissioner for Civil Aviation may allow on good cause shown.". Amendment of section 25 of Act 60 of 1993 - 9 Verify source ↗
Section 25 of the principal Act is hereby amended by the substitution, in the
AI-assisted research summary: This section amends section 25 by replacing paragraph (a) of subsection (3) with wording about an existing license holder operating an international air service on the same route as the one applied for to the board.
9. Section 25 of the principal Act is hereby amended by the substitution, in the Afrikaans text, for paragraph (a) of subsection (3) of the following paragraph: "(a) 'n bestaande lisensiehouer 'n internasionale lugdiens oor dieselfde roete bedryf as waarvoor by die **raad** <> ingevolge artikel 23(1) of (2) aansoek gedoen word; of". Amendment of section 28 of Act 60 of 1993 - 10 Verify source ↗
Section 28 of the principal Act is hereby amended by the deletion in
AI-assisted research summary: A permit holder must tell the airport manager the permit details when arriving at any airport in the Republic.
10. Section 28 of the principal Act is hereby amended by the deletion in subsection (1) of the word "and" at the end of paragraph (b) and the addition to the said subsection of the following paragraph: "<<(d) the permit holder shall communicate on arrival at any airport in the Republic the particulars of the permit to the manager of the airport.>>". Substitution of section 30 of Act 60 of 1993 - 11 Verify source ↗
The following section is hereby substituted for section 30 of the principal
AI-assisted research summary: A licensee must apply to the Commissioner for Civil Aviation for an operating certificate, and also for approval of an operations manual, using the prescribed form or manner.
11. The following section is hereby substituted for section 30 of the principal Act: "Application for operating certificate and approval of operations manual 30. (1) A licensee shall apply to the Commissioner for Civil Aviation on the prescribed form for the issuing of an operating certificate. <<(1A) A licensee shall apply to the Commissioner for Civil Aviation in the prescribed manner for the approval of an operations manual.>> (2) An application in terms of subsection (1) shall be accompanied by the prescribed particulars and documents. Amendment of section 40 of Act 60 of 1993 - 12 Verify source ↗
Section 40 of the principal Act is hereby amended-
AI-assisted research summary: This section amends section 40 to make it an offence to use, or allow the use of, a licence, permit, operating certificate, or similar document under the Act if you are not its holder.
12. Section 40 of the principal Act is hereby amended- (a) by the substitution for paragraph (e) of subsection (1) of the following paragraph: "(e) uses **or permits to be used** a licence, permit, operating certificate or other document issued under this Act of which he, <> is not the holder;"; (b) by the insertion in subsection (1) after paragraph (e) of the following paragraph: "(<>"; (c) by the addition to subsection (1) of the following paragraph: "(<>"; and (d) by the substitution for paragraph (b) of subsection (2) of the following paragraph: "(b) in the case of an offence referred to in subsection (1)(b), (d), (e), **or** <<(eA),>> (f) <> be liable to a fine, or to imprisonment for a period not exceeding five years.". Amendment of section 43 of Act 60 of 1993 - 13 Verify source ↗
Section 43 of the principal Act is hereby amended by the insertion in
AI-assisted research summary: This section amends section 43 of the principal Act by inserting new paragraphs in subsection (1) after paragraph (f).
13. Section 43 of the principal Act is hereby amended by the insertion in subsection (1) after paragraph (f) of the following paragraphs: "(f<>). Short title and commencement of certain provisions - 14 Verify source ↗
This Act shall be called the International Air Services Amendment Act,
AI-assisted research summary: This section gives the Act its short title and says sections 4, 8, 11 and 13 are treated as having started on 15 April 1994.
14. This Act shall be called the International Air Services Amendment Act, 1996, and sections 4, 8, 11 and 13 shall be deemed to have come into operation on 15 April 1994.
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