Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 3 : Functions and Powers of Aviation Safety Investigation Board, Powers of Director of Investigations and Investigators, Notification of Aircraft Accidents and Aircraft Incidents by Departments and Attendance and Observers at Investigations37. Return of seized property |
| (1) | Any item seized pursuant to section 34, except on-board recordings as defined in section 47, must, unless— |
| (a) | the owner thereof or a person who appears on reasonable grounds to be entitled to it consents in writing; or |
| (b) | a court of competent jurisdiction orders otherwise, |
be returned to that owner, person, or the person from whom it was seized, as soon as possible after it has served the purpose for which it was seized.
| (2) | A person from whom any item was seized pursuant to section 34, except on-board recordings as denned in section 47, or the owner or any other person who appears on reasonable grounds to be entitled thereto, may apply to a court of competent jurisdiction for an order that the seized item be returned to the person making the application. |
| (3) | Where, on an application under subsection (2) of this section, the court is satisfied that the seized item has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized item to be returned to the applicant, subject to any terms or conditions that appear necessary or desirable to ensure that the item is safeguarded and preserved for any purpose for which it may subsequently be required by the Aviation Safety Investigation Board under this Act. |
| (4) | This section does not apply in respect of any item seized and tested to destruction in accordance with section 35. |