Section 91 Civil Aviation Act 2022
Section 91 of the Civil Aviation Act 2022 is about Complaints to and investigations by the Authority. It is under Part XIV (Investigation and Enforcement) of the Act.
(1) The Authority shall have power to carry out investigations on its own initiative or upon receipt of a complaint or upon any other occurrence, save for accidents and serious incidents after due notice to the person concerned.
(2) Upon investigation, if the Authority is satisfied that a person is or are violating any provisions of this Act, regulations, rules, directives or orders, it shall by order require such person to take such action consistent with the provisions of this Act, regulations, rules, directives or orders as the Authority may deem necessary to remedy the violation and prevent further violation.
(3) The Authority shall have power to take all steps reasonably necessary, including the power to ground any aircraft and to seal the premises of any air transport service provider or provider of allied aviation service, in order to ensure compliance with the provisions of this Act and the regulations, rules and orders made under it.
(4) Any person may file with the Authority a complaint in writing with respect to anything done or omitted to be done by any person in contravention of any provision of this Act, regulations, rules, directives or orders or of any requirement established under it.
(5) Where the person complained against does not satisfy the complaint and there appears any reasonable ground for investigating the complaint, it shall be the duty of the Authority to investigate the matters set forth in the complaint and whenever the Authority is of the opinion that any complaint does not state facts which warrant an investigation or action, such complaint may be dismissed without hearing.
(6) Where the Authority finds, after an investigation instituted upon complaint or upon the Authority’s initiative, with respect to matters within the Authority’s jurisdiction, that any person has failed to comply with any provision of this Act, regulations, rules, directives or orders or any requirement established under it, the Authority shall, consistent with the provisions of this Act, issue an appropriate order to compel such person to comply without prejudice to other provisions in this Act with respect to the powers of the Authority to impose penalties.
