Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 11Part 1 : Offences ad Penalties140. Prohibition and control in restricted areas |
| (1) | A person may not enter or attempt to enter or be within any restricted area if he or she has in his or her possession or under his or her control any harmful article or if any harmful article has to his or her knowledge been placed within his or her reach and at his or her disposal, unless that person is— |
| (a) | an authorised person; |
| (b) | authorised in writing by the airport manager concerned to be in that restricted area; or |
| (c) | a passenger or crew member who arrived by aircraft and who is in that restricted area for the purpose of taking possession of baggage containing a harmful article, provided that such passenger or crew member, before he or she collects the baggage, declares the harmful article to any customs officer where such an officer is on duty in the restricted area or, where such an officer is not available, to an authorised person. |
| (2) | An authorised person may refuse entry into any restricted area to any person, or of any baggage, personal effects, mail, cargo, vehicle or other goods, if in his or her opinion— |
| (a) | that a person may, while he or she is within the restricted area, perform or attempt to perform any act which may jeopardise the safety of the airport or of any aircraft, aviation facility of air traffic service unit, or which may interfere with the operation thereof; or |
| (b) | an occurrence which may jeopardise the safety of the designated airport or of any aircraft, aviation facility or air traffic service unit, or which may interfere with the operation, may eventuate from such person, baggage, personal effects, mail, cargo, vehicle or other goods entering the restricted area. |
| (3) | A person to whom, and a person who has a legal interest in any baggage, personal effects, mail, cargo, vehicle or goods in respect of which, entry into a restricted area has been refused in terms of subsection (2), may forthwith request any person in authority over the authorised person concerned, or the airport manager, to review the refusal of the authorised person, and such person in authority or the airport manager may confirm the refusal or grant the permission required on such conditions as he or she may consider necessary. |
| (4) | Any person who contravenes, or who fails to comply with this or who fails to comply with any condition of any permission granted thereunder, is guilty of an offence and on conviction liable to a fine or imprisonment for a period not exceeding 30 years or both to such fine and imprisonment. |