Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 16 : Transitional Provisions, Repeal and Amendment of Laws, Acts Binding on State, Short Title and Commencement165. Matters pending under previous Acts |
| (1) | The promulgation of this Act does not affect any proceedings instituted in terms of the previous Acts administered by the Civil Aviation Authority which were pending in a court of law immediately before the date of commencement of this Act, and such proceedings must be disposed of in the court in question as if this Act had not been passed. |
| (2) | Criminal proceedings contemplated in subsection (1) must be regarded as having been pending if the person concerned had pleaded to the charge in question. |
| (3) | Any administrative investigation or board of inquiry instituted in terms of the previous Act which was pending must be disposed of as if this Act had not been passed. |
| (4) | No proceedings may continue against any person in respect of any contravention of a provision of the previous Act if the alleged act or omission constituting the offence would not have constituted an offence if this Act had been in force at the time when the act or omission took place. |
| (5) | Despite the repeal of the previous Act, any person who, before such repeal, committed an act or omission which constituted an offence under that Act and which constitutes an offence under this Act, may after this Act takes effect be prosecuted under the relevant provisions of this Act. |
| (6) | Despite the retrospective application of this Act as contemplated in paragraph (a), any penalty imposed in terms of this Act in respect of an act or omission which took place before this Act came into operation may not exceed the maximum penalty which could have been imposed on the date when the Act or omission took place. |
| (7) | All disciplinary proceedings which immediately before the commencement of this Act were underway or pending must be concluded as if this Act had not been passed. |
| (8) | All appeal processes which immediately before the commencement of this Act were underway or pending must proceed as if this Act had not been passed. |