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Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993)

10. Minister may issue orders

 

 

(1) The Minister may by order require the company to do or not to do what is mentioned in the order, if the Minister considers it necessary or expedient so to order—
(a) in the interest of national security; or
(b) to discharge or facilitate the discharge of an international obligation of the State.

 

(2) Any order under subsection (1) shall not be inconsistent with the provisions of the Aviation Act, 1962 (Act No. 74 of 1962), or the Civil Aviation Offences Act, 1972 (Act No. 10 of 1972), unless such inconsistency is in the interest of national security.

 

(3) The Minister shall consult with the company prior to an order by him under subsection (1).

 

(4) The company shall take all the necessary steps to give effect to an order under subsection (1).

 

(5) The Minister shall to such extent as he may determine with the concurrence of the Minister of State Expenditure, out of moneys appropriated by Parliament compensate the company for any cost which the company cannot readily recover from users of air navigation infrastructures or air, traffic services and which it incurs as a direct result of any order by the Minister under subsection (1).

 

(6) No person shall disclose any order under subsection (1) or thing done by virtue of such order if the Minister has stated in such order that the disclosure of such order or thing is contrary to national security or relations with a country or territory outside the Republic.

 

(7) The Minister shall lay a copy of every order under subsection (1) of this section, except an order contemplated in subsection (6) of this section, upon the Table in Parliament in the manner contemplated in section 8(2).

 

(8) Any person who contravenes the provisions of subsection (6) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.