ACT No. XX of 1998 ANACTto give effect to certain enactments relating to aviation security.

I assent.

(L.s.)

Uoo MIFSUD BONNIeI

. President

21st July, 1998

ACT No. XX of 1998

ANACTto give effect to certain enactments relating to aviation security.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this Parliament assembled,

and by the authority of the same, as follows

PART I

PRELIMINARY

This Act may be cited as the Airports and Civil Aviation Short title.

(Security) Act, 1998.

In this Act, unless the context otherwise requires, the following Interpretation.

expressions have the following meanings respectively, that is to say

"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 tenninal and an air cargo warehouse as well

as all lands and facilities pertinent to an airport;

"air navigation installation" means any building, 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

fonn or in the fonn of a gas or vapour;

"authorised officer" means any person authorised by the

Manager Airport Security, or authorised by the Manager Airpo~

Security on the advice of the Commissioner of Police, or the

Commander Anned Forces of Malta, or the Director General Civil

Aviation, or the Chainnan, Malta International Airport, to perfonn

the duties of security guard or watchman in a restricted area;

"commander" in relation to an aircraft means the member

ofthe crew designated as commander of that aircraft by the operator

thereof, or, failing such a person, the person who is for the time

being a pilot in command of the aircraft;

"explosive" has the same meaning as in section 314 of the

Criminal Code;

"fireann" has the same meaning as in the Anns Ordinance;

"Immigration Officer" means the Principal Immigration

Officer as defined in section 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 section

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 ofpassengers and of the cargo terminal, and ofthe airside

operations;

"Manager Airport Security" is the public officer designated

by the Minister to be responsible for the overall management and

control of aviation security at specified airports and includes a

public officer of his department so designated by him for the

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;

"operator" in relation to any aircraft at any time has the Cap. 232.

same meaning as in the Civil Aviation Act;

"motor vehicle" means any type of vehicle propelled 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 meaning assigned to it by the

Malta Police Ordinance;

"property" includes any land, buildings or works, any

aircraft or vehicle and any baggage, cargo or other article of any

description;

"restricted area" means an area 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.

PART II

REGULATION OF AVIATION SECURITY

(1) The Minister may by regulations make such provision as Regulationsand

appears to him to be requisite or expedient

orders.

(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 effectiveness

of apparatus used in connection with air navigation;

generally for regulating se~urity at any airport in Malta;

(d)

(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;

for appointing the Manager Airport Security with overall

(t)

responsibility for the management and control of aviation security

and for the cOJl}.mand, 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 may contain such incidental and supplementary provisions as appear

to the Minister to be necessary or expedient for the purposes of the

regulations.

(1) The Minister may, by notice in writing served on any

person who is

(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 subsection (1) above 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 subsection (1) above is to be furnished to the Minister.

(3)

Any such notice shall also require the person on whom

it is served, after he has furnished to the Minister the information required

by the notice in accordance with subsection (1) above, 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 ofthe 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 section, or

(ii) by way of applying any measures so specified

to aircraft, or to a part of the airport, not comprised in the

previous information;

or

(b) any measures taken as mentioned in that subsection or

in paragraph (a) of this subsection are discontinued.

(4) In so far as such a notice requires further information to

be furnished to the Minister in accordance with subsection (3) above, 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 sub-section, 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 section, 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 Lml000 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 subsection (1) above

may at any time be revoked by a further notice served on him by the

Minister.

(1) There shall be established a committee to be designated

the Aviation Security Committee (hereinafter in this section to be called

"the Committee") composed of such members as shall be appointed by

the Prime Minister from amongst public officers occupying a senior

position and performing duties in the ministries responsible for matters

relating to aviation and airports as well as from amongst employees

occupying a senior position in the other organisations having a main

concern in the management, running and control of aviation and airports

in Malta

Provided that the Prime Minister may appoint other persons

as members of the Committee who appear to him to have the 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 objectives.

(3) The Minister responsible for Aviation Security shall be

the Chairman ofthe Committee, and the Permanent 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 vacany in the Committee occurs during the period

of appointment, on account of death, resignation or for any other 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 ofthis section 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 of has become incapable of properly 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 proceedings.

Regulations made under any ofthe provisions ofthis Act may Detention of

provide for the detention of aircraft to secure compliance with any aircraft.

provision of this Act or of any regulations made thereunder, and may

make such further provision as appears to the Minister to be necessary

or expedient for securing such detention.

PART III

PROTECTION OF AIRCRAFT, AIRPORTS AND AIR

NAVIGATION INSTALLATIONS AGAINST ACTS OF

VIOLENCE

(1) This Part of this Act has the purpose to provide protection Purposes to which

against acts of violence

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

case of persons) are at any time present in any part of 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 sections 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 malidously

caused by means of any explosive substance, whether or not any injury

to persons or property is actually caused.

(1) It is an offence for any person by means of any device,

substance or weapon intentionally to commit at an airport serving civil

aviation any act of violence which

(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 subsection (4) below, an offence for

any person by means of any device, substance or weapon unlawfully

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 subsection (4) below, subsections

(1) and (2) above apply whether any such act as is referred to in those

subsections is committed in Malta or elsewhere and whatever the

nationality of the person committing the act.

(4) Subparagraph (ii) of paragraph (a) of subsection (2)

above does not apply to any act committed in relation to an aircraft

used in military, customs or police service unless

(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 section

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 24 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 section shall not

be instituted in Malta except with the consent of the Attorney General.

(1) Subject to subsection (3) below, a person commits an Falsestatements

relating to baggage.

offence if, in answer to a question which

cargo etc.

(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 subsection (2)

below,

(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 paragraph (b) of subsection

(1) above 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 subsection (1) above

shall be liable on conviction to a fine (multa) not exceeding Lm2,OOO

or to imprisonment for a term not exceeding two years or to both such

fine and imprisonment.

(4)

In this section

"cargo" includes stores and mail; and

"stores" means any goods intended for sale or use on an

aircraft, including tax-free goods, spare parts and other articles of

equipment, whether or not for immediate fitting.

(1) Subject to subsection (4) below, a person commits an False statements

offence if

(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 subsection 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 subsection (3) below, 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) Subsection (1) above applies to any identity document

which is to be or has been issued by any of the persons specified in

subsection (3) below in accordance with arrangements the maintenance

of which is required by a direction given by the Minister.

(3)

The persons referred to in subsection (1) above 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 subsection (1) above

shall be liable on conviction to a fine (multa) not exceeding Lm2,OOO

or, to imprisonment for a term not exceeding two years or to both such

fine and imprisonment.

A person shall not

(1)

(a) enter, with or without a vehicle, into any part of a

restricted area of

(i)

an airport, or

an air navigation installation which does not form

(ii)

part of an airport,

except with the permission of the Manager Airport Security, and

the authority responsible for the air n,\vigation 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

notwithstanding the opposition of the authority responsible for the air

navigation installation.

(2) Paragraph (a) of subsection (1) above 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.

(1) No person shall enter a restricted area unless he is in

possession of a security pass or a temporary authorisation in writing

~/

issued by the Manager Airport Security

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 abov~, but shall in such cases produce their service identity

card and upon demand by the 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

the Manager Airport Security may deem expedient. Any such security

pass or written auhorisation shall be returned 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 section

shall return it to the Manager Airport Security upon its expiry or when

the person to whom it is issued ceases 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 employing such

employee shall immediately inform the Manager Airport Security of

the cessation. for any cause. of such employment.

(1) No motor vehicle shall enter or be driven in a restricted Motor vehicles to

area without the written authorisation of the Manager Airport Security. ~~=S::.

and under such conditions as may be specified therein

Provided that the Manager Airport Security may allow any

motor vehicle to enter or be driven into a restricted area without his

written authorisation 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 Navigation Order 1990. or any Order amending or L.N.176ofl990.

substituting the same.

(1) Any person authorised under these regulations to enter Persons and motor

v~hicles t~ ~mply

a restricted area or to drive a motor vehicle therein shall comply with With

the conditions so specified in the security pass or authorisation. as the security pass.

case may be, and with such other directives as may be given by an

authorised officer.

(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 paragraph

(1) of this regulation may be removed from a restricted area by any

authorised officer without prejudice to any criminal proceedings which

may be instituted against him.

IS. No weapon or explosive material shall be introduced, kept

or taken out of a restricted area by any person or in any vehicle without

the written authorisation of the Manager Airport Security

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 .

.

Ebda arma jew materjal esploziv rna jistghu jiddahhlu,

jinzammu jew jinhargu minn zona ristretta minn xi persuna jew f'xi

vettura minghajr l-awtorizzazzjoni bil-miktub tal-Manager tas-

Sigurta fl-Ajruport

IZda dan rna jappIikax ghal ufficjaIi awtorizzati Ii jkun

membri tal-Forzi Armati ta' Malta jew tal-Korp tal-PuIizija ta' Malta

u ghal vetturi bil-mutur uzati minnhom filwaqt Ii jkunu qeghdin jaqdu

d-dmirijiet legittimi taghhom.

The Manager Airport Security may, by notice in the Gazette,

Airport declare any part of a restricted area to be exempt from all or anyone of

the provisions of this Act for such time and under such conditions as

may be specified in that notice.

(1) Any person who contravenes the provisions of sub-

section of section 11, subsection (1) or (4) of section 12, subsection ( 1)

of section 13 or subsection (1) of section 14 of this Act shall be guilty -

of an offence and, on conviction, shall be liable to a fine (multa) of not

less than Lm1 ,000 and not exceeding Lm3 ,000, 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 subection

(3) of section 12 or of subsection (2) of section 13 of these regulations

shall be guilty of an offence and, on conviction shall be liable to a fine

(multa) not exceeding Lm500.

(3) Any person who contravenes the provisions of section

15 of this Act shall be guilty of an offence, and on conviction shall be

liable to a fine (multa) of not less than Lm4,000 but not exceeding

Lm8 ,000, or to imprisonment of not less than three months but not

exceeding two years or to both such fine and imprisonment.

(4) The provisions of this section establishing offences and

punishments in respect thereof shall not affect the operation of any other

law establishing offences and punishments in respect of the same acts

or omissions, and shall not, in particular, affect the application of any

higher punishment under any other law.

(1) A person shall not without lawful authority or reasonable

presence on board

excuse

(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 subsection (1) shall be guilty

of an offence and liable on conviction to a fine (multa) not exceeding

Lml,OOO or, imprisonment for a term not exceeding two years or to

both such fine and imprisonment.

A person shall be guilty of an offence if he

(1)

(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 paragraph (a) of

subsection (1) above shall be liable to a fine (multa) not exceeding

Lml,500 or to imprisonment for a term not exceeding two years or to

both such fine and imprisonment.

(3) A person guilty of an offence under paragraph (b) of

subsection (1) shall be liable on conviction to a fine not exceeding

Lm1,000 or, to imprisonment for a term not exceeding two years or to

both such fine and imprisonment.

(1) The Minister may, by regulations, make provision, Air cargo agents.

for purposes to which this Part of this Act applies, in relation to persons

(in this section referred to as "air cargo agents") who carry on a business

of handling cargo which is to be delivered (whether by them or any

other person) to the operator of any aircraft for carriage from any airport

in Malta by an aircraft.

(2)

Regulations under this section 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) above) 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 section

"cargo" includes stores and mail; and

"stores" means any goods intended for sale or use on an

aircraft, including tax-free goods, spare parts and other articles of

equipment, whether or not for immediate fitting.

(1) For the purposes of this Part of this Act, the Minister

may give a direction in writing to the operator of anyone or more aircraft

registered or operating in Malta, or to the Manager Airport Security, or

to the manager of any airport in Malta requiring him

(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 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 subsection (1) above 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 section shall be guilty of an offence

and shall be liable on conviction, to a fine (multa) not excee~ing

Lml ,000, to imprisonment for a term not exceeding two years or to

both such fine and imprisonment.

(1) For the purposes of this Part of this Act, the Minister Power to require

:=:::::8

may give a direction in writing to the Manager Airport Security or to

the manager of any airport in Malta requiring him to secure that such airports.

searches to which this section applies as are specified in the direction

are carried out by other persons of such a desc.ription as may be specified

in the direction.

(2) The searches to which this section 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 section 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 section, has reasonable

cause to suspect that an article to which section 28 of this Act applies is

in, or may be brought into, any part of the airport, he may, by virtue of

this subsection 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 ofthe 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 section, or

(b) wilfully obstructs or impedes a person acting in the

exercise of a power conferred on by subsection (3) shall be guilty

of an offence and shall be liable on conviction, to a fine (multa)

not exceeding Lml,OOO, or to imprisonment for a term not

exceeding two years or to both such fine and imprisonment.

(1) Any person authorised in writing by the Minister (in

this section referred to as an "authorised officer") shall have power, on

production (if required) of his credentials, to inspect

(a) any aircraft registered or operating in Malta at a time

when it is in Malta, or

any part of any airport in Malta.

(b)

(2) An authorised officer inspecting an aircraft or any part

of an airport under subsection (1) above 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 subsection (4) below, an authorised person,

for the purpose of exercising any power conferred on him by the

preceding provisions ofthis section 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 subsection (3) above shall not

include power for an authorised person to use force for the purpose of

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 section, or

refuses or, without reasonable excuse, fails to comply

(b)

with a requirement imposed on him under, paragraph (b) of

subsection (2) of this section, 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 Lml ,000 or to imprisonment for a term not exceeding

two years or to both such fine and imprisonment.

(1) Sections 4, 22 and 23 of this Act shall have effect in Application of

relation to air navigation installations in Malta in accordance with the provisions of Parts

II and III to air

following provisions of this section.

navigation

installations.

(2) In relation to any such air navigation installation which

does not form part of an airport, those sections shall have effect, subject

to subsection (5) below, as if in them any reference to an airport were a

reference to such an air navigation installation and any reference to the

manager of an airport were a reference to the authority responsible for

such an air navigation installation.

(3) Where an air navigation installation forms part of an

airport in Malta, those sections shall have effect, subject to subsection

(5) below, 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 section 4 of this Act or a direction under

section 22 or 23 of this Act 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 sections 4 or 22 ofthis A~t as modified by subsection

(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

sections to the manager of the airport shall be construed as a reference

to any person who is either the manager of the airport or the authority

responsible for the air navigation installation.

(5) Subsections (2) and (3) shall not apply to subsection (3)

of section 22 of this "Act; but where a direction given under section 2i -

of this Act, as applied or modified by the preceding provisions of this

section, 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 section 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 subsection (3) of section 22 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.

PARTlY

OFFENCES AGAINST THE SAFETY OF AIRCRAFT ETC.

(1) It shall be an offence for any person without lawful

authority or reasonable excuse (the proof of which shall lie on him) to

have with him any article to which this section applies

(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 section applies to the following articles, that is

to say;

(a) any fIrearm, or any article having the appearance ofbeing

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 section a person who is for the

time being in an aircraft, or in 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 section applies if

(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

where he is in part of an airport (otherwise than in an

(b)

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 subsection) 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 section sha,ll be guilty of an offence and shall be liable, on conviction,

to a fine not exceeding Lm2,OOO, or 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 paragraph (b) of -

subsection (1) of this section the person found so guilty shall be liable

to the punishments prescribed in section 313 of the Criminal Code.

(5) Nothing in subsection (3) shall be construed as

limiting the circumstances in which a person would, apart from that

subsection, be regarded as having an article with him as mentioned

in subsection (1).

(1) Where the Manager Airport Security has reasonable

Powers exercisable

cause to suspect that a person about to embark on an aircraft in Malta,

or a person on board such an aircraft, intends to commit, in relation to

the aircraft, offences under any of the preceding provisions of this Part

of this Act, the Manager Airport Security may prohibit him from

travelling on board the aircraft, and for the purpose of enforcing that

prohibition the Manager Airport Security

(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 subsection (1)

above shall be guilty of an offence and shall be liable on conviction, to

a fine not exceeding Lm 1,500 or to imprisonment for a term not

exceeding two years, or to both such fine and imprisonment.

Proceedings for an offence under any of the preceding Prosecution of

provisions of this Part of this Act shall not be instituted in Malta, except =~

with the consent of the Attorney General.

PART V

POLICING OF AIRPORTS

(1) The Minister may by order designate any airport used Designated

for the purposes of civil aviation for the purposes of this Part of this Act airports.

if he considers that the policing of that airport should, be undertaken by

members of the Malta Police Force or members of the Armed Forces of

Malta under the direction and control of the Commissioner of Police or

the Commander Armed Forces of Malta respectively in the interests of

the preservation of the peace and the prevention of crime.

(2) Before making an order under subsection (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 subsection (1) shall

be exercisable by Legal Notice

Provided that any order which has not be consented to by the

authorities mentioned in subsection (2) of this section shall be laid before

Parliament in draft and shall not be made unless the draft is approved

by resolution of the House of Representatives.

(1) Any relevant authorised officer may in any airport Prevention of theft

which is a designated airport

at 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 authoriseq 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

(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 paragraph (b) subsection

(1)

(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 section "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 section "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

ma4e by him for the purposes of this section.

(1) In paragraph (c) of subsection (2) of section 3 of the Amendmentof

Civil Aviation Act , the words " for access to aerodromes and places Cap.

Civil Aviation Act,

where aircraft have landed," shall be deleted.

(2) The Access to Restricted Areas Regulations, 1988, L.N.l09ofl988.

are hereby repealed, sohowever that any security passes issued

thereunder shall remain valid until such time as the Minister responsible

for aviation security may by order prescribe: or until such time as any

such security passes are withdrawn by the Manager Airport Security,

whichever is the earlier.

Passed by the House of Representatives at Sitting No. 242 of the 15th July, 1998.

MYRIAM SPITERI DEBONO

Speaker

RICHARD J. CAUCHI

Clerk to the House ofRepresentatives