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Maltese Laws |
AIRPORTS AND CIVIL AVIATION (SECURITY) ACT
To give effect to certain enactments relating to aviation security.
(21st July, 1998)*
ACT XX of 1998, as amended by Legal Notice 426 of 2007 and Act VIII of 2010.
ARRANGEMENT OF ACT
Sections
Part I. Preliminary 1-2
Part II. Regulation of Aviation Security 3-6
Part III. Protection of Aircraft, Airports and Air Navigation
Installations against Acts of Violence 7-24
Part IV. | Offences against the Safety of Aircraft, etc. | 25-27 |
Part V. | Policing of Airports | 28-29 |
*See Government Notice No. 560 of 21st July, 1998.
Short title. l. The short title of this Act is the Airports and Civil Aviation
(Security) Act.
Interpretation. Amended by: VIII. 2010.61.
Cap. 9.
"aircraft" means any aircraft, whether or not a Maltese controlled aircraft, other than -
(a) a military aircraft; or
(b) an aircraft which, not being a military aircraft, belongs to or is exclusively employed in the service of the Government
of Malta for customs or Police purposes,
but the Minister may by order, which may be varied or revoked by a subsequent order, provide that any of the provisions of this Act
shall apply with or without modifications to aircraft such as are mentioned in paragraph (b) of this definition;
"airport" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the
take-off and landing of aircraft, and includes an air passenger terminal, an air cargo terminal and an air cargo warehouse as well
as all lands and facilities pertinent to an airport;
"air navig a t i on in st al latio n" mean s an y b u il din g , works, apparatus or equipment used wholly or mainly for
the purpose of assisting air traffic control or as an aid to air navigation, together with any land contiguous or adjacent to any
such building, works, apparatus or equipment and used wholly or mainly for purposes connected therewith;
"article" includes any substance, whether in solid or liquid form or in the form of a gas or vapour;
"authorised officer" means any person authorised by the Manager Airport Security, or authorised by the Manager Airport Security
on the advice of the Commissioner of Police, or the C o mmander, Armed Forces of Malta, or the Director General Civil Aviation,
or the Chairman, Malta International Airport, to perform the duties of security guard or watchman in a restricted area;
"commander" in relation to an aircraft means the member of the crew designated as commander of that aircraft by the op
erator thereof, or, failing such a person, the person who is for the time being a pilot in command of the aircraft;
"exp lo si ve" has th e same m eani n g a s in article 314 of the
Criminal Code;
Cap. 480. "firearm" has the same meaning as in the Arms Act;
"immigration officer" means the Principal Immigration Officer
Cap. 217.
as defined in article 2 of the Immigration Act acting under such authority;
"loss or damage" in relation to persons, has the same meaning as in the Civil Aviation Act;
"Malta" has the same meaning as assigned to it by article 124 of the Constitution of Malta;
"manager", in relation to an airport, means those persons legally responsible for the organisations that are managing the
operations of passengers and of the car g o termin al, and of the ai rsi d e operations;
"Manager Airport Security" is the public officer designated by th e Minister to be responsible for the overall management
and control of aviation securi ty at specifi ed airports and includes a pub li c o fficer o f hi s dep a rt m e nt so desig n at
ed by hi m fo r th e purposes of these regulations of this Act;
"military aircraft" means an aircraft of the naval, military or air forces of any country;
"Minister" means the Minister responsible for aviation security and, to the extent of the authority given, any person authorised
in that behalf by such Minister;
"o per a to r " in re la ti o n t o an y aircraft, shal l have the same meaning given to it in the Aircraft Registration Act;
"m otor vehicle" m eans any type of v e hi cl e p r opelled by mechanical or electrical power;
"pilot in command" in relation to an aircraft means a person who for the time being is in charge of the piloting of the
aircraft without being under the direction of any other pilot in the aircraft;
"Police officer" has the same m e aning assigned to it by the
Police Act;
"property" includes any land, buildings or works, any aircraft or vehicle and any baggage, cargo or other article of any
description;
"restric ted area" means an ar ea access to which can only be obtained by authorisation from the Manager Airport Security
and which may be as may be prescribed by regulations made under this Act.
(a) for prescribing or making provision for any aviation security matter that is to be or may be prescribed under this Act;
(b) generally for securing the safety of aircraft and of persons and property carried therein, and for the detention
of aircraft for any of the purposes specified in this paragraph;
(c) for preventing interference with the use or effective- ness of apparatus used in connection with air
Cap. 232.
Cap. 503.
Cap. 164.
Regulations and orders.
navigation;
(d) generally for regulating security at any airport in
Malta;
(e) prescribing fees that are to be paid by managers of airports, aircraft operators, air cargo agents and passengers
in respect of the provision of security services at any airport in Malta;
(f) for appointing the Manager Airport Security with overall responsibility for the management and control of aviation
security and for the command, co- ordination and oversight of all the security resources provided at Luqa Airport
or any other designated airport in Malta.
(2) Regulations made under any of the provisions of this Act m a y co ntai n such inci dent al and supp lem e ntary provi sions
as appear to the Minister to be necessary or expedient for the purposes of the regulations.
Power for Minister to require information. Amended by:
L.N. 426 of 2007.
(a) the operator of one or more aircraft registered or operating in Malta, or
(b) an air cargo agent operating in Malta, or
(c) the manager of an airport in Malta,
require that person to inform the Minister of the measures, of a description specified in the notice, which are being taken in respect
of aircraft registered or operating in Malta of which he is the operator or in respect of that airport, as the
case may be, for purposes to which this Part of this Act applies.
(2) A notice under subarticle (1) shall specify a date (not being earlier than four weeks from the date on which the notice is
served) before which the information required by the notice in accordance with subarticle (1) is to be furnished to the Minister.
(3) Any such notice shall also require the person on whom it is served, after he has furnish e d t o the Minister the information
required by the notice in accordance with subarticle (1), to inform the Minister if at any time -
(a) any further measures, in respect of aircraft registered or operating in Malta of which at that time he is the operator, or
in respect of the airport to which the information so furnished related, as the case may be, are taken for purposes to which
this Part of this Act applies, either -
(i) by way of alteration of, or addition to, the measures specified in any information previously furnished
by him under this article; or
(ii) by way of applying any measures so specified to
in the previous information;
or
(b) any measures taken as mentioned in that subarticle or in paragraph (a) are discontinued.
(4) In so far as such a notice requires further information to be furnished to the Minister in accordance with subarticle (3),
it shall require that information to be furnished to him before the end of such period, not being less than seven days from the date
on which the further measures in question are taken, as is specified in the notice for the purposes of this subarticle, and where
the measures are to be discontinued before they are so discontinued.
(5) Any person who -
(a) refuses or, without reasonable cause, fails to comply with a requirement imposed on him by a notice under this article, or
(b) in furnishing any information so required, makes a statement which he knows to be false in a material particular,
or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment
for a term not exceeding two years or to both such fine and imprisonment.
(6) A notice served on a person under subarticle (1) may at any time be revoked by a further notice served on him by the Minister.
Provided that the Prime Minister may appoint other persons as mem b ers of th e commi tt ee wh o ap pear t o hi m t o h a ve t h
e experience and to have shown the capacity in matters relating to the security of aviation and airports.
(2) Subject to the provisions of this Act, it shall be the duty of the committee in general to consider and advise Government and
the competent authorities on all matters relating to the security of airports and aircraft, and in particular to advise the Minister
-
(a) with regard to the development, maintenance and promotion of an efficient system of security at airports and on board aircraft;
and
(b) with regard to the development and determination of the necessary strategies and policies to reach such
Aviation Security
Committee.
objectives.
(3) The Minister responsible for Aviation Security shall be the chairm an of th e com mitt ee, an d the Perm anen t Secretary
responsible for Home Affairs shall be the deputy chairman; the Commissioner of Police, the Commander of the Armed Forces and
the Manager Airport Security shall be ex officio members.
(4) The appointed members shall hold office for such term, not being more than three years, as may be specified in their letter
of appointment.
(5) If any vacancy in the committee occurs during the period of appo intment, on account of death, resignation or for any othe
r cause, the Prime Minister shall, as soon as practicable, appoint another person to fill the vacancy:
Provided that the committee and the members thereof may act notwithstanding any such vacancy.
(6) The deputy chairman shall act instead of the chairman whenever the chairman is absent from a meeting of the committee
or is unable to act as chairman for any reason.
(7) Notwithstanding any other provision of this article the Prime Minister may at any time terminate the appointment of
an appointed member, if, in his opinion, such appointed member is unfit to continue in office or has become incapable of pr operly
performing his functions.
(8) The Manager Airport Security shall act as secretary of the committee.
(9) The committee shall meet as often as necessary, but in no case less frequently than once in every three calendar months.
(10) The committee shall decide on the composition and terms of reference of sub-committees or expert groups to which it can give
special tasks.
(11) The committee shall regulate its own procedures.
Detention of aircraft.
Purposes to which
Part III applies.
(a) to aircraft, and to persons or property on board aircraft;
(b) to airports, and to such persons or property as (in the
an airport or is at any time (whether permanently or temporarily) in any part of an airport; and
(c) to air navigation installations which do not form part of an airport.
(2) In this Part of this Act "act of violence" means any act (whether actual or potential, and whether done or
to be done in Malta or elsewhere) which either -
(a) being an act done in Malta, constitutes, or
(b) if done in Malta would constitute,
the offences under articles 211, 212, 214, 216, 217, 218, 220 and
222A of the Criminal Code; or any act whereby an explosion of a nature likely to endanger life, or to cause serious injury to property,
is maliciously caused by means of any explosive substance, whether or not any injury to persons or property is actually caused.
(a) causes or is likely to cause death or serious personal injury, and
(b) endangers or is likely to endanger the safe operation of the airport or the safety of persons at the airport.
(2) It is also, subject to subarticle (4), an offence for any person by m eans of any devi ce, sub s tance or weap on u n lawfull
y and intentionally -
(a) to destroy or seriously damage -
(i) property used for the provision of any facilities at an airport serving civil aviation (including any apparatus or equipment
so used), or
(ii) any aircraft which is at such an airport but is not in service, or
(b) to disrupt the services of such an airport, in such a way as to endanger or is likely to endanger the safe operation
of the airport or the safety of persons at the airport.
(3) Except as provided by subarticle (4), subarticles (1) and (2) apply whether any such act as is referred to in those subarticles
is committed in Malta or elsewhere and whatever the nationality of the person committing the act.
(4) Subarticle (2)(a)(ii) does not apply to any act committed in relation to an aircraft used in military, customs or Police service unless -
Cap. 9.
Endangering safety at airports.
(a) the act is committed in Malta, or
(b) where the act is committed outside Malta, the person committing it is a Maltese national.
(5) A person who commits an offence under this article shall be liable, on conviction, to imprisonment for life.
(6) For the purposes of this Act -
(a) the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external
doors are closed following embarkation until the moment when any such door is opened for disembarkation, and, in the case of a
forced landing, any period until the competent authorities take over responsibility for the aircraft and for persons and
property on board; and
(b) an aircraft shall be taken to be in service during the whole of the period which begins with the pre-flight preparation of the
aircraft for a flight and ends twenty- four hours after the aircraft lands having completed that flight, and also at any time (not
falling within that period) while, in accordance with the preceding paragraph, the aircraft is in flight,
and anything done on board an aircraft in flight over any part of
Malta shall be treated as done in that part of Malta.
(7) Proceedings for an offence under this article shall not be instituted in Malta except with the consent of the Attorney General.
False statements relating to baggage, cargo, etc.
Amended by:
L.N. 426 of 2007.
(a) relates to any baggage, cargo or stores (whether belonging to him or to another) that is or are intended for carriage by
an aircraft registered or operating in Malta, and
(b) is put to him for purposes to which this Part of this Act applies -
(i) by any of the persons mentioned in subarticle
(2);
(ii) by any employee or agent of such a person in his capacity as employee or agent; or
(iii) by an authorised officer,
he makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false
in a material particular.
(2) The persons referred to in subarticle (1)(b) are: (a) the manager of an airport in Malta;
(b) the operator of one or more aircraft registered or
operating in Malta; and
(c) any person who -
(i) is permitted to have access to a restricted zone of an airport for the purposes of the activities of a business carried on
by him; and
(ii) has control in that restricted zone over the baggage, cargo or stores to which the question relates.
(3) A person guilty of an offence under subarticle (1) shall be liable, on conviction, to a fine (multa) not exceeding four thousand and six h undred and fifty-ei ght euro an d seventy-five cents (4,658.75) or to imprisonment for a term
not exceeding two years or to both such fine and imprisonment.
(4) In this article -
"cargo" includes stores and mail; and
"stores" means any goods intended for sale or use on an aircraft, includin g tax-free goo ds, spare parts an d other articles
of equipment, whether or not for immediate fitting.
(a) for the purpose of, or in connection with, an application made by him or another for the issue of an identity
document to which this subarticle applies; or
(b) in connection with the continued holding by him or another of any such document which has already been issued,
he makes to any of the persons specified in subarticle (3), to any employee or agent of such a person or to an authorised officer,
a statement which he knows to be false in a material particular, or recklessly makes to any of those persons, to any such employee
or agent or to an authorised officer, a statement which is false in a material particular.
(2) Subarticle (1) applies to any identity document which is to be or has been issued by any of the persons specified in subarticle
(3) in accordance with arrangements the maintenance of which is required by a direction given by the Minister.
(3) The persons referred to in subarticle (1) are: (a) the Manager Airport Security;
(b) the manager of an airport in Malta;
(c) the authority responsible for an air navigation installation in Malta;
(d) the operator of one or more aircraft registered or operating in Malta; and
(e) any person who is permitted to have access to a restricted zone of an airport or air navigation installation
for the purposes of the activities of a business carried on by him.
(4) A person guilty of an offence under subarticle (1) shall be liable, on conviction, to a fine (multa) not exceeding four thousand an d si x h u n d red and fif t y- ei gh t eu ro an d sev e n t y- fiv e cen t s (4,658.75) or to imprisonment
for a term not exceeding two years or to both such fine and imprisonment.
False statements in connection with identity
documents.
Amended by:
L.N. 426 of 2007.
Unauthorised presence in restricted area.
(a) enter, with or without a vehicle, into any part of a restricted area of -
(i) an airport, or
(ii) an air navigation installation which does not form part of an airport,
except with the permission of the Manager Airport Security, and the authority responsible for the air navigation installation
or a person acting on behalf of that manager or authority, and in accordance with any conditions subject to which that permission
is for the time being granted, or
(b) remain on any part of such a restricted area after being requested to leave by the Manager Airport Security, or the authority
responsible for the air navigation installation or a person acting on behalf of that Manager or authority:
Provided that the Manager Airport Security may at any time enter into any part of such restricted area or remain thereat notwith-
standi ng the opposition of the authorit y responsible for the air navigation installation.
(2) Subarticle (1)(a) does not apply unless it is proved that, at the material time, notices stating that the area concerned was a restricted area were
posted so as to be readily seen and read by persons entering the restricted area.
Access to restricted areas.
Provided that where the exigencies of the moment so require, a member of the Police Force or of the Armed Forces of Malta
may, in pursuance of his duty, enter a restricted area without the security pass mentioned above, but shall in such cases produce
their ser v ice id en tit y card an d u p o n d e mand by th e Manager Airport Security:
Provided further that the Manager Airport Security may allow any person to enter into a restricted area without a security
pass or temporary authorisation in writing whenever he deems it expedient to do so.
(2) A security pass or a temporary authorisation in writing shall be issued in such form, for such time and under such conditions
as t h e Man a ger Airport Secu rit y may deem expedient. Any such security pass or wri tten auth ori s at ion sh all b e ret
u rn ed to the Manager Airport Security on its expiry.
(3) Security passes shall be displayed in a prominent position on the person in whose name they are issued as may be specified
by the Manager Airport Security. Temporary authorisations in writing and identity cards shall be produced on demand when so requested
by an authorised officer.
(4) A person holding a security pass issued under this article
shall return it to the Manager Airport Security upon its expiry or when the pe rson to whom it is is sued ceas es to be in the employment
in connection with which the pass has been issued, or upon a simple demand by the Manager Airport Security, and the person em plo
ying su ch emp loyee shall im mediatel y in form t he Manager Airport Security of the cessation, for any cause, of such employment.
Motor vehicles to have authorisation for restricted areas.
Provided that the Manager Airport Security may allow any motor vehicle to enter or be driven into a restricted area without his written
auth orisat ion whenever he deems it expedient to do so, subject to any conditions he may impose.
(2) A person who is driving or who is in charge of a motor vehicle for which a written authorisation has been so granted shall
produce such authorisation on demand to an authorised officer.
(3) Motor vehicles driven in a restricted area shall comply with the Air Naviga tion Order, or any Order amending or substituting the same.
S.L. 499.09.
(2) An authorised officer may detain and search any person or motor vehicle in a restricted area or while entering or leaving such
area.
(3) Any person who contravenes the provisions of subarticle (1) may be removed from a restricted area by any authorised officer
withou t preju d ice to any crimin al proceeding s wh ich may be instituted against him.
Persons and motor vehicles to comply with conditions of security pass.
Provided that this shall not apply to authorised officers being members of the Armed Forces of Malta or the Malta Police Force and motor vehicles used by them in the course of their lawful duties.
Weapons and explosives prohibited in restricted area.
11(1), article 12(1) or (4), article 13(1) or article 14(1) shall be guilty of an offence and, on conviction, shall be liable to a fine
Special powers of the Manager Airport Security.
Offences relating
to articles 11 to 14.
Amended by:
L.N. 426 of 2007.
( multa ) of n o t l e ss t h an t w o th ousand an d th ree hu ndred and twent y -n in e eur o and th ir ty -sev en cent s ( 2 ,3 29 .37
) an d no t exceeding six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12), or to imprisonment for a term
not exceeding two years or to both such fine and imprisonment.
(2) Any person who contravenes the provisions of article 12(3) or of article 13(2) shall be guilty of an offence and, on conviction,
shall be liable to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
(3) Any person who contravenes the provisions of article 15 shall be guilty of an offence, and, on conviction, shall be liable
to a fine (multa) of not less than nine thousand and three hundred and seventeen euro and forty-nine cents (9,317.49) but not exceeding eighteen thousand
and six hundred and thirty-four euro and ninety- nine cents (18,634.99), or to imprisonment of not less than three months but not
e x ceeding two ye ars or to both such fine and imprisonment.
(4) The provisions of this article establishing offences and punishments in respect thereof shall not affect the operation
of any other law establishing offences and punishments in respect of the sam e act s or o missio n s, an d shall no t, in par ticu
l ar, affect th e application of any higher punishment under any other law.
Unauthorised presence on board aircraft.
Amended by:
L.N. 426 of 2007.
(a) get into or onto an aircraft at an airport in Malta except with the permission of the operator of the aircraft or a person acting
on his behalf; or
(b) remain on an aircraft at such an airport after being requested to leave by the operator of the aircraft or a person acting
on his behalf.
(2) A person who contravenes subarticle (1) shall be guilty of an offence and liable, on conviction, to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty- seven cents (2,329.37), or imprisonment for a term
not exceeding two years or to both such fine and imprisonment.
Obstruction of authorised persons. Amended by:
L.N. 426 of 2007.
(a) intentionally obstructs an authorised officer acting in the exercise of a power conferred on him by or under this Part of this
Act; or
(b) falsely pretends to be an authorised person.
(2) A person guilty of an offence under subarticle (1)(a) shall be liable to a fine (multa) not exceeding three thousand and four h u n d red a nd ni net y -fo u r euro and si x c e nts (3 ,494 .06), o r to imprisonment
for a term not exceeding two years or to both such fine and imprisonment.
(3) A person guilty of an offence under subarticle (1)(b) shall be liable, on conviction, to a fine not exceeding two thousand and three h undred and twenty-nine euro and thi r ty-seven
cent s
(2,329.37), or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
(2) Regulations under this article may, in particular -
(a) enable the Minister to maintain a list of air cargo agents who are approved by him for purposes related to aviation
security, to include the name of an air cargo agent on that list, on application being made to the Minister in accordance with such
regulations, if he is satisfied as to such matters as are specified in the regulations, and to remove the name of
any person from that list in such circumstances as may be so specified;
(b) provide that any provision of this Part of this Act which applies in relation to persons who are permitted to have access
to a restricted zone of an airport for the purposes of the activities of a business (including any such provision which creates a
criminal offence) shall also apply, with such modifications as may be specified in the regulations, in relation
to air cargo agents included on any such list;
(c) make provision (including any such provision as is mentioned in paragraphs (a) and (b)) relating to a class of air cargo agents as may be specified in the regulations and not to other air cargo agents;
(d) make different provision for different cases; and
(e) make such incidental, supplementary or transitional provision as the Minister considers necessary or expedient
in consequence of any provision made by the regulations.
(3) In this article -
"cargo" includes stores and mail; and
"stores" means any goods intended for sale or use on an aircraft, includin g tax-free goo ds, spare parts an d other articles
of equipment, whether or not for immediate fitting.
Air cargo agents.
(a) not to cause or permit persons or property to go or be taken on board any aircraft to which the direction relates, or to come or be brought into proximity to any such aircraft, unless such searches of those persons or
Power to impose restrictions in relation to aircraft. Amended by:
L.N. 426 of 2007.
that property as are specified in the direction have been carried out by authorised officers or by other persons of
a description specified in the direction; or
(b) not to cause or permit any such aircraft to fly unless such searches of the aircraft as are specified in the direction
have been carried out by authorised officers or by other persons of a description so specified.
(2) Subject to the following provisions of this Part of this Act, a direction given to the Manager Airport Security or to the manager
of an airport under subarticle (1) may be given so as to relate -
(a) either to all aircraft which at the time when the direction is given or at any subsequent time are in any part of
the airport, or to a class of such aircraft specified in the direction;
(b) either to all persons or only to one or more persons, or persons of one or more descriptions, specified in the direction; and
(c) either to property of every description or only to particular property, or property of one or more descriptions,
specified in the direction.
(3) Any person who refuses or fails to comply with a direction given to him under this article shall be guilty of an offence and
shall be liable, on conviction, to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty- seven cents (2,329.37), or to imprisonment for a term
not exceeding two years or to both such fine and imprisonment.
Power to require airport managers to promote searches
at airport.
Amended by:
L.N. 426 of 2007.
(2) The searches to which this article applies, in relation to an airport, are searches -
(a) of the airport or any part of it;
(b) of any aircraft which at the time when the direction is given or at any subsequent time is in any part of the airport; and
(c) of persons or property (other than aircraft) which may at any such time be in any part of the airport.
(3) Where a direction given under this article to the manager of an airport is for the time being in force, then, if a member of
the Armed Forces of Malta or of the Malta Police Force, or any other person specified in the direction in accordance with this article,
has rea s ona b le ca us e to suspe c t that an a r ticle to which artic l e 28 applies is in, or may be brought into, any part of
the airport, he may, by virtue of this subarticle and without a warrant, search any part of the airport or any aircraft, vehicle,
goods or other moveable
property of any description which, or any person who, is for the time being in any part of the airport, and for that purpose -
(a) may enter any building or works in the airport, or enter upon any land in the airport, if need be by force; and
(b) may stop any such aircraft, vehicle, goods, property or person and detain it or him for so long as may be necessary
for that purpose.
(4) Any person who -
(a) refuses or fails to comply with a direction given to him under this article; or
(b) wilfully obstructs or impedes a person acting in the exercise of a power conferred on him by subarticle (3), shall be guilty
of an offence and shall be liable, on conviction, to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37), or to imprisonment for
a term not exceeding two years or to both such fine and imprisonment.
(a) any aircraft registered or operating in Malta at a time when it is in Malta; or
(b) any part of any airport in Malta.
(2) An authorised officer inspecting an aircraft or any part of an airport under subarticle (1) shall have power -
(a) to subject any property found by him in the aircraft (but not the aircraft itself or any apparatus or equipment
installed in it) or, as the case may be, to subject that part of the airport or any property found by him there, to such tests;
or
(b) to require the operator of the aircraft, or the manager of the airport, to furnish to him such information,
as the authorised person may consider necessary for the purpose for which the inspection is carried out.
(3) Subject to subarticle (4), an authorised person, for the purpose of exercising any power conferred on him by the preceding
provisions of this article in relation to an aircraft or in relation to an airport, shall have power -
(a) for the purpose of inspecting an aircraft, to enter it and to take all such steps as are necessary to detain it; or
(b) for the purpose of inspecting any part of an airport, to enter any building or works in the airport or enter upon any land in
the airport.
(4) The powers conferred by subarticle (3) shall not include power for an authoris ed person to use force for the purpose
of
Inspection of aircraft and airports. Amended by:
L.N. 426 of 2007.
Application of provisions of Parts II and III to air navigation installations.
entering any aircraft, building or works or entering upon any land. (5) Any person who -
(a) wilfully obstructs or impedes a person acting in the exercise of a power conferred on him by or under this article; or
(b) refuses or, without reasonable excuse, fails to comply with a requirement imposed on him under, subarticle (2)(b); or
(c) in furnishing any information so required, makes a statement which he knows to be false in a material particular,
or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand and three hundred and twenty-
nine euro and thirty-seven cents (2,329.37), or to imprisonment for a term not exceeding two years or to both such
fine and imprisonment.
(2) In relation to any such air navigation installation which does not form part of an airport, those articles shall have
effect, subject to subarticle (5), as if in them any reference to an airport were a reference to such an air n av i ga ti on in st
al la ti o n an d an y reference t o t h e manager of an airport were a reference t o the authority responsible for such an air navigation
installation.
(3) Where an air navigation installation forms part of an airport in Malta, those articles shall have effect, subject to subarticle
(5), as if in them any reference to an airport were a reference either -
(a) to an airport; or
(b) to an air navigation installation which forms part of an airport; or
(c) to so much of an airport as does not consist of an air navigation installation,
and accordingly a notice under article 4 or a direction under article
22 or 23 may be served or given either in respect of the whole of
the airport, or in respect of so much of the airport as does not consist of an air navigation installation.
(4) For the purposes of the service of a notice or the giving of a direction under article 4 or 22 as modified by subarticle (3),
where the notice is to be served, or the direction given, in respect of an air navigation installation separately, any reference
in any of those articles to the ma nager of the ai rp or t sh all be con s t r u e d as a reference to any person who is either
the manager of the airport or the authority responsible for the air navigation installation.
(5) Subarticles (2) and (3) shall not apply to article 22(3); but where a direction given under article 22, as applied or modified
by the preceding provisions of this article, is for the time being in
force -
(a) if it is a direction given in respect of an air navigation installation separately (whether that installation forms part of an
airport or not), the said article 22 shall have effect in relation to that direction as if the air navigation installation
were an airport and, where the direction was given to the authority responsible for the air navigation installation, as if it had
been given to the manager of that airport;
(b) if it is a direction given in respect of so much of an airport as does not consist of an air navigation installation,
the said article 22(3) shall have effect in relation to that direction as if any air navigation installation comprised
in the airport did not form part of the airport.
(a) in any aircraft registered in Malta, whether at a time when the aircraft is in Malta or not; or
(b) in any other aircraft at a time when it is in, or in flight over, Malta; or
(c) in any part of an airport in Malta; or
(d) in any air navigation installation in Malta which does not form part of an airport.
(2) This article applies to the following articles, that is to say: (a) any firearm, or any article having the appearance of
being a firearm, whether capable of being discharged
or not;
(b) any explosive, any article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the
appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked
or labelled so as to indicate that it is or contains an explosive; and
(c) any article (not falling within either of the preceding paragraphs) made or adapted for use for causing injury to or incapacitating
a person or for destroying or damaging property, or intended by the person having it with him for such use, whether by him
or by any other person.
(3) For the purposes of this article a person who is for the time being in an ai rcraft, or i n part of an airport, shall be treated
as having with him in an aircraft, or in that part of the airport, as the case may be, an article to which this article applies if
-
Offences in relation to certain dangerous articles. Amended by:
L.N. 426 of 2007.
Cap. 9.
(a) where he is in an aircraft, the article, or an article in which it is contained, is in the aircraft and has been caused (whether
by him or by any other person) to be brought there as being, or as forming part of, his baggage on a flight in the aircraft
or has been caused by him to be brought there as being, or as forming part of, any other property to be carried on such a flight;
or
(b) where he is in part of an airport (otherwise than in an aircraft), the article, or an article in which it is contained,
is in that or any other part of the airport and has been caused (whether by him or by any other person) to be brought into
the airport as being, or as forming part of, his baggage on a flight from that airport or otherwise or has been caused
by him to be brought there as being, or as forming part of, any other property to be carried on such a flight on which he is also
to be carried, or otherwise,
notwithstanding that the circumstances may be such that (apart from this subarticle) he would not be regarded as having the
article with him in the aircraft or in a part of the airport, as the case may be.
(4) Any person who contravenes any of the provisions of this article shall be guilty of an of fence and shall be liable, on conviction,
to a fine not exceeding four thousand and six hundred and fifty-eight euro and seventy-fiv e cen t s (4,658.75), o r to imprisonment
for a term not exceeding five years, or to both such fine and imprisonment, provided that if the offence is against the provision
found in subarticle (1)(b) the person found so guilty shall be li able to the punishments prescribed in article 313 of th e Criminal Code.
(5) Nothing in subarticle (3) shall be construed as limiting the circumstances in which a person would, apart from that subarticle,
be regarded as havi ng an ar tic le wi th him as menti oned in subarticle (1).
Powers exercisable on suspicion of intended offence under Part IV. Amended by:
L.N. 426 of 2007.
(a) may prevent him from embarking on the aircraft or, as the case may be, may remove him from the aircraft; and
(b) may arrest him without warrant and detain him for so long as may be necessary for that purpose.
(2) Any person who wilfully obstructs or impedes a person acting in the exercise of a power conferred on him by subarticle
(1) shall be guilty of an offence and shall be liable, on conviction, to a
fine not exceeding three thousand and four hundred and ninety-four euro and six cents (3,494.06), or to imprisonment for a term not
exceeding two years, or to both such fine and imprisonment.
(2) Before making an order under subarticle (1) in relation to any airport, the Minister shall consult the Minister responsible
for Civil Aviation, the Manager Airport Security and the members of the Airport Security Committee.
(3) The power to make an order under subarticle (1) shall be exercisable by Legal Notice:
Provided that any order which has not been consented to by the authorities mentioned in suba rticle (2) shall be laid before Parliament
i n draft and shall n o t b e made unl ess th e d r aft is approved by resolution of the House of Representatives.
Prosecution of offences and proceedings.
Designated airports.
(a) stop, and without warrant search, any airport employee in order to ensure that such employee does not have in his possession
or is not conveying in any manner anything stolen or unlawfully obtained on the airport; and
(b) in order to ensure that anything stolen or unlawfully obtained on the airport is not in or on any vehicle inside or
going out of an airport or in or on any aircraft, stop and without warrant search and detain the vehicle or, as the
case may be, board and without warrant search the aircraft.
(2) Any relevant authorised officer may -
(a) stop any person who is leaving a cargo area in an airport which is a designated airport and inspect any goods carried
by or on that person;
(b) stop and search any vehicle or aircraft which is leaving any such area and inspect the vehicle or aircraft and any goods carried
on or in it; and
Prevention of theft at designated airports.
(c) detain in the area -
(i) any such goods as aforesaid for which there is not produced a document authorising their removal from the area
signed by a person authorised in that behalf by the operator of the aircraft; and
(ii) any such vehicle or aircraft as aforesaid so long as there are on or in it goods liable to detention under this paragraph.
(3) In any cargo area in an airport which is a designated airport the powers of an authorised officer under subarticle (1)(b) -
(a) extend to any vehicle whether or not it is carrying an airport employee; and
(b) include power, not only to board and search an aircraft, but also to stop and detain it.
(4) In this article "airport employee", in relation to any airport, means any person in the employment of the manager
of the airport and any person employed otherwise than by the manager to work on the airport.
(5) In this article "cargo area" means any area which appears to the Minister to be wholly or mainly intended or used
for the storage or handling of cargo in an airport and is designated by an order made by him for the purposes of this article.
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