Section 89 Civil Aviation Act 2022
Section 89 of the Civil Aviation Act 2022 is about Investigation or search without warrant. It is under Part XIV (Investigation and Enforcement) of the Act.
(1) Where in a case of verifiable urgency, or a life is threatened, or to prevent the commission of an offence provided under this Act, an application to the court or to a Judge in Chambers to obtain a warrant would cause delay that may be prejudicial to the maintenance of safety and security of air navigation, an officer of the Authority or a law enforcement officer may without prejudice to the provisions of section 88 of this Act or any other law, with the assistance of such other officers as may be necessary and while search warrant is being sought for —
(a) enter and search any premises or place if he has reason to suspect that, within those premises, place or conveyance —
(i) an offence under this Act is being committed or likely to be committed,
(ii) there is evidence of the commission of an offence under this Act, or
(iii) there is an urgent need to prevent the commission of an offence under this Act ;
(b) search any person or conveyance found on any premises or place which such officer is empowered to enter and search under paragraph (a) ;
(c) require information from and attendance of any person, beneficiary or any person connected in any way in a matter under investigation ;
(d) inspect premises, electronics, computer system or recorded information found on the premises ;
(e) observe the carrying on of business or professional activities by any person ;
(f ) stop, board and search any conveyance where the Authority or its authorised officer has reason to suspect that there is evidence of the commission or likelihood of the commission of an offence under this act ;
(g) seize, remove and detain anything which is, or contains or appears to him to be or to contain or to be likely to contain, evidence of the commission of an offence under this Act ; or
(h) arrest, search and detain any person whom the officer reasonably suspects of having committed or likely to commit an offence under this Act.
(2) Where a seizure is effected in the course of search or investigation under this Act, a copy of the list of all the articles, documents and other materials seized shall be made, duly endorsed and handed to the —
(a) person on whom the search is made ; or
(b) owner of the premises, place or conveyance seized.
(3) Notwithstanding the provisions of subsection (1), a woman shall only be searched by a woman.
(4) Nothing in this section shall be construed as derogating from the lawful right of any person in defence of his person or property.
(5) Any officer of the Authority or a duly authorised law enforcement officer who uses such force as may be reasonably necessary for any purpose in accordance with this Act, shall not be liable in any criminal or civil proceedings, for having, by the use of reasonable force caused injury or death to any person or damage to or loss of any property.
