ACT No. XX of 2016 AN ACT to amend the Civil Aviation (Security) Act (Cap. 353), and to provide for matters ancillary or consequential thereto.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

29th April, 2016

ACT No. XX of 2016

AN ACT to amend the Civil Aviation (Security) Act (Cap. 353),

and to provide for matters ancillary or consequential thereto.

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

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Civil Aviation (Security)

(Amendment) Act, 2016, and this Act shall be read and construed as

one with the Civil Aviation (Security) Act, hereinafter referred to as

''the principal Act''.

The Arrangement of the Act shall be amended as follows

(a) immediately after the words ''Tokyo Convention

(1963)'' there shall be added the words ''and the Montreal

Protocol (2014)'';

(b) immediately after the words ''Hague Convention

(1970)'' there shall be added the words ''and the Beijing Protocol

(2010)'';

(c)

immediately after the words ''Part IV Provisions

giving effect to the Montreal Convention (1971) and the

Montreal Protocol (1988) 18-23'' there shall be added the words

''Part V Provisions giving effect to the Beijing Convention

(2010) 24-29''; and

(d)

for the words ''General 24-27'' there shall be

substituted the words ''General 30-34''.

Article 2 of the principal Act shall be amended as follows: Amendment of

article 2 of the

principal Act.

(a)

for the definition ''Minister'' there shall be

substituted the following

'' ''Minister'' means the Minister responsible for

civil aviation security

Provided that for any provisions relating to

extradition, and save as otherwise provided, the

word ''Minister'' means the Minister responsible for

Justice;'';

(b) immediately after the definition ''police officer''

there shall be added the following new definitions

'' ''the Beijing Convention (2010)'' means the

Convention on the Suppression of Unlawful Acts

Relating to International Civil Aviation, done in

Beijing, China on the 10th September 2010;

''the Beijing Protocol (2010)'' means the

Protocol Supplementary to the Convention for the

Suppression of Unlawful Seizure of Aircraft, done

in Beijing, China on the 10th September 2010, and

which amends the Hague Convention;''; and

(c) immediately after the definition ''the Montreal

Protocol'' there shall be added the following new definition

'' ''the Montreal Protocol (2014)'' means the

Protocol to Amend the Convention on Offences and

Certain Other Acts Committed On Board Aircraft,

done at Montreal on the 4th April 2014 and which

amends the Tokyo Convention;''.

In the heading of Part II of the principal Act, immediately Amendment of

after the words ''the Tokyo Convention (1963)'' there shall be added heading

II of the

the words ''and the Montreal Protocol (2014)''.

principal Act.

Sub-article (2) of article 3 of the principal Act shall be Amendment of

article 3 of the

substituted by the following

principal Act.

For the purposes of this Part -

(a) the period during which an aircraft is in

flight shall be deemed to include -

(i) any period from the moment when all

external doors of the aircraft are closed following

embarkation for a flight until the moment when any

such door is opened for disembarkation after that

flight; and

(ii) if the aircraft makes a forced landing, any

period thereafter until the time when a competent

authority takes over responsibility for the aircraft

and for the persons and property on board the

aircraft; and

(iii) any period when the aircraft, although on

the surface of the sea or land, is not within the

territorial limits of any country;

(b) when the State of the operator is not the

same as the State of registration, any reference to the

State of registration shall be construed as a reference

to the State of the operator.''.

Immediately after article 5 of the principal Act there shall

be added the following new articles

'' Jurisdiction

5A. In exercising its jurisdiction over

over offences

offences committed on board an aircraft, when

when Malta is

Malta is not the State of registration, action over

not the State of

registration.

an aircraft in flight can only be taken in any of

the following circumstances

(a)

the offence has effect on the

Maltese territory;

(b) the offence has been committed

by or against a Maltese national or

permanent resident;

(c)

the offence is one against the

security of Malta;

(d) the offence consists of a breach

of any rules or regulations relating to the

flight or manoeuvre of aircraft in force in

Malta;

(e)

the exercise of jurisdiction is

necessary to ensure Malta’s observance of

any obligation under a multilateral

agreement

Provided that the term ''permanent

resident'' shall have the meaning assigned to it

under article 5(1)(d) of the Criminal Code.

5B. Without prejudice to the provisions

Jurisdiction

over offences

of article 5 of the Criminal Code, the Maltese

when Malta is

the State of

courts shall also be competent to exercise

landing.

jurisdiction over acts which constitute an

offence under the law in force in Malta which

are committed or about to be committed on

board an aircraft, where Malta is the State of

landing, when

(a)

the said aircraft lands on

Maltese territory with the alleged offender

still on board;

(b) the said aircraft has its last

point of take-off or next point of intended

landing in Malta, and the aircraft

subsequently lands in Malta with the

alleged offender on board;

(c)

the safety of the aircraft or of

persons or property therein, or good order

and discipline on board, is jeopardised;

(d) where Malta is the State of the

operator when the said aircraft is leased

without a crew to a lessee whose principal

place of business or, if the lessee has no

such place of business, whose permanent

residence, is in Malta.''.

Immediately after sub-article (3) of article 6 of the Amendment of

article 6 of the

principal Act, there shall be added the following new sub-articles

principal Act.

''(4) Whosoever refuses to follow a lawful instruction

given by or on behalf of the commander, for the purpose of

protecting the safety of the aircraft or of the persons or property

therein, shall be liable to a fine (multa) not exceeding ten

thousand euro (€10,000).

(5) An in-flight security officer deployed pursuant to an

agreement or arrangement between Malta and any other

Convention country may take reasonable preventive measures

without the authority of the commander when he has reasonable

grounds to believe that such action is immediately necessary to

protect the safety of the aircraft or the persons therein from an

act of unlawful interference and, if the said agreement or

arrangement so provides, from the commission of an offence.''.

In sub-article (1) of article 7 of the principal Act for the

words ''under restraint and of the reasons for such restraint.'' there

shall be substituted the words ''under restraint, of the reasons for such

restraint and of any decision to deliver such person.''.

Article 8 of the principal Act shall be amended as follows

(a)

the current provisions shall be re-numbered as sub-

article (1) of the said article; and

(b) immediately after sub-article (1), as renumbered,

thereof there shall be added the following new sub-article

''(2) Offences committed on board an

aircraft shall be treated, for purpose of extradition

between Malta and a Convention country, as if

they had been committed not only in the place

where they occurred but also in Malta when any

of the circumstances referred to in article 5B

exist, and the provisions of the Extradition Act

shall apply to the said offences.''.

In article 10 of the principal Act, for the words ''any

passenger, any owner” there shall be substituted the words ''any

passenger, any in-flight security officer, any owner''.

In the heading of Part III of the principal Act, immediately

after the words ''the Hague Convention (1970)'' there shall be added

the words ''and the Beijing Protocol (2010)''.

Article 12 of the principal Act shall be substituted by the

following new article

'' Hijacking.

12. (1) Without prejudice to any other

punishment to which the offence may be liable

under the Criminal Code or any other law,

whosoever -

(a)

on board an aircraft in service,

unlawfully, by force or threat of force or by

coercion or any other form of intimidation

or by any technological means, seizes or

exercises control of that aircraft; or

(b) threatens to commit any of the

acts in paragraph (a) or unlawfully causes

another person to receive such a threat; or

(c)

organizes or directs others to

commit an offence under paragraph (a); or

(d) in any other way knowingly

contributes to the commission of one or

more of the offences under paragraphs (a)

and (b), by a group of persons acting with a

common purpose when such contribution

is made with the aim of furthering the

general criminal activity or purpose of the

group or in the knowledge of the intention

of the group to commit the offence or

offences concerned; or

(e)

unlawfully assists an offender

to evade investigation, prosecution or

punishment in relation to one or more

offences under paragraphs (a) to (d), both

inclusive,

shall be liable on conviction to the punishment

of imprisonment from seven years to life.

(2) For the purposes of this article, an

aircraft shall be deemed to be in service from the

beginning of the pre-flight preparation of the

aircraft by ground personnel or by the crew for a

specific flight until twenty-four hours after any

landing. In the case of a forced landing, the

flight shall be deemed to continue until the

competent

authorities

take

over

the

responsibility for the aircraft and for persons and

property on board.''.

Article 13 of the principal Act shall be substituted by the Substitution of

article 13 of the

following new article

principal Act.

'' Applicability

13. (1) The provisions of articles 121D,

of Criminal

248E(4) and 248E(4A) of the Criminal Code shall

Code.

apply mutatis mutandis to any offence under this

Part.

(2) The provisions of article 328K of the

Criminal Code shall also apply mutatis mutandis

to any offence under this sub-title as if the

reference therein to article 328J were a reference

to article 121D.''.

Sub-article (2) of article 15 of the principal Act shall be Amendment of

article 15 of the

substituted by the following

principal Act.

''(2) Without prejudice to the provisions of

article 5 of the Criminal Code, the Maltese courts

shall also have jurisdiction over the said offences

where

(a)

the offence is committed against

an aircraft registered in Malta; or

(b) the aircraft on board of which the

offence is committed lands in Malta with the

offender still on board; or

(c)

the offence is committed against

or on board an aircraft which is leased

without crew to a lessee who has his principal

place of business or, where he has no such

place of business, his permanent residence, in

Malta; or

(d) the offender is a Maltese national;

or

(e)

the offence was committed

against a Maltese national; or

(f)

the offence was committed by a

stateless person whose habitual residence is

in Malta.''.

In sub-article (2) of article 16 of the principal Act for the

words ''in flight'' there shall be substituted the words ''in service''.

Articles 24 to 27, both inclusive, of the principal Act shall

be re-numbered as articles 30 to 33, both inclusive.

Immediately after article 23 of the principal Act there

shall be added the following new Part

''PART V

Provisions giving effect to the

Beijing Convention (2010)

(1) In this Part, unless the context otherwise

Interpretation

requires -

"Convention country" means a country in which the

Beijing Convention (2010) is for the time being in force.

(2) For the purposes of this Part -

(a)

an aircraft shall be deemed to be in flight

at any time from the moment when all its external

doors are closed following embarkation until the

moment when any such door is opened for

disembarkation; in the case of a forced landing, the

flight shall be deemed to continue until the

competent authorities take over the responsibility

for the aircraft and for persons and property on

board;

(b) an aircraft shall be deemed to be in

service from the beginning of the preflight

preparation of the aircraft by ground personnel or by

the crew for a specific flight until twenty-four hours

after any landing; the period of service shall, in any

event, extend for the entire period during which the

aircraft is in flight as defined in paragraph (a);

(c)

the term "air navigation facilities"

includes signals, data, information or systems

necessary for the navigation of the aircraft;

(d) the term "toxic chemical" means any

chemical which through its chemical action on life

processes can cause death, temporary incapacitation

or permanent harm to humans or animals. The said

term includes all such chemicals, regardless of their

origin or of their method of production, and

regardless of whether they are produced in facilities,

in munitions or elsewhere;

(e)

the term "radioactive material" means

nuclear material and other radioactive substances

which contain nuclides which undergo spontaneous

disintegration (a process accompanied by emission

of one or more types of ionizing radiation, such as

alpha-, beta-, neutron particles and gamma rays) and

which may, owing to their radiological or fissile

properties, cause death, serious bodily injury or

substantial damage to property or to the

environment;

(f)

the term "nuclear material" means

plutonium, except that with isotopic concentration

exceeding 80 per cent in plutonium-238; uranium-

233; uranium enriched in the isotope 235 or 233;

uranium containing the mixture of isotopes as

occurring in nature other than in the form of ore or

ore residue; or any material containing one or more

of the foregoing;

(g) the term "uranium enriched in the

isotope 235 or 233" means uranium containing the

isotope 235 or 233 or both in an amount such that

the abundance ratio of the sum of these isotopes to

the isotope 238 is greater than the ratio of the

isotope 235 to the isotope 238 occurring in nature;

(h) the term "BCN weapon" means

(a) "biological weapons", which are

(i) microbial or other biological

agents, or toxins whatever their origin or

method of production, of types and in

quantities that have no justification for

prophylactic, protective or other peaceful

purposes; or

(ii) weapons,

equipment

or

means of delivery designed to use such

agents or toxins for hostile purposes or in

armed conflict;

(b) "chemical weapons", which are,

together or separately

(i) toxic chemicals and their

precursors, except where intended for

(A) industrial, agricultural,

research, medical, pharmaceutical or

other peaceful purposes; or

(B) protective

purposes,

namely those purposes directly

related to protection against toxic

chemicals and to protection against

chemical weapons; or

(C) military purposes not

connected with the use of chemical

weapons and not dependent on the

use of the toxic properties of

chemicals as a method of warfare; or

(D) law

enforcement

including domestic riot control

purposes, as long as the types and

quantities are consistent with such

purposes;

(ii) munitions

and

devices

specifically designed to cause death or

other harm through the toxic properties

of those toxic chemicals specified in sub-

paragraph (b)(i), which would be

released as a result of the employment of

such munitions and devices;

(iii) any equipment specifically

designed for use directly in connection

with the employment of munitions and

devices specified in sub-paragraph

(b)(ii);

(c) nuclear weapons and other nuclear

explosive devices;

(i)

the term "precursor" means any chemical

reactant which takes part at any stage in the

production by whatever method of a toxic chemical.

This includes any key component of a binary or

multicomponent chemical system;

(j)

the terms "source material" and "special

fissionable material" shall have the same meaning as

that given to those terms in the Statute of the

International Atomic Energy Agency, done at New

York on 26 October 1956.

(1) Without prejudice to any other

punishment to which the offence may be liable under the

Criminal Code or any other law, whosoever -

(a)

performs an act of violence against a

person on board an aircraft in flight when that act is

likely to endanger the safety of that aircraft; or

(b) destroys an aircraft in service or causes

damage to such an aircraft which renders it

incapable of flight or which is likely to endanger its

safety in flight; or

(c)

places or causes to be placed on an

aircraft in service, by any means whatsoever, a

device or substance which is likely to destroy that

aircraft, or to cause damage to it which renders it

incapable of flight, or to cause damage to it which is

likely to endanger its safety in flight; or

(d) destroys or damages air navigation

facilities or interferes with their operation, if any

such act is likely to endanger the safety of aircraft in

flight;

(e)

communicates information which that

person knows to be false, thereby endangering the

safety of an aircraft in flight; or

(f)

uses an aircraft in service for the purpose

of causing death, serious bodily injury, or serious

damage to property or the environment; or

(g) releases or discharges from an aircraft in

service any BCN weapon or explosive, radioactive,

or similar substances in a manner that causes or is

likely to cause death, serious bodily injury or serious

damage to property or the environment; or

(h) uses against or on board an aircraft in

service any BCN weapon or explosive, radioactive,

or similar substances in a manner that causes or is

likely to cause death, serious bodily injury or serious

damage to property or the environment; or

(i)

using any device, substance or weapon

(i) performs an act of violence against

a per

son at an airport serving

international civil aviation which causes or

is likely to cause serious injury or death; or

(ii) destroys or seriously damages the

facilities of an airport serving international

civil aviation or aircraft not in service

located thereon or disrupts the services of

the airport,

if such an act endangers or is likely to endanger

safety at that airport; or

(j)

threatens to commit any of the acts in

paragraphs (a) to (i) or unlawfully causes another

person to receive such a threat; or

(k) transports, causes to be transported, or

facilitates the transport of, on board an aircraft

(i) any explosive or radioactive

material, knowing that it is intended to be

used to cause, or in a threat to cause, with or

without a condition, as is provided for under

Maltese law, death or serious injury or

damage for the purpose of intimidating a

population, or compelling a government or

an international organization to do or to

abstain from doing any act; or

(ii) any BCN weapon, knowing it to be

a BCN weapon as defined in article 24; or

(iii) any source material, special

fissionable material, or equipment or

material especially designed or prepared for

the processing, use or production of special

fissionable material, knowing that it is

intended to be used in a nuclear explosive

activity or in any other nuclear activity not

under safeguards pursuant to a safeguards

agreement with the International Atomic

Energy Agency; or

(iv) any equipment, materials or

software or related technology that

significantly contributes to the design,

manufacture or delivery of a BCN weapon

without lawful authorization and with the

intention that it will be used for such

purpose

Provided that for activities involving a

Convention country, including those undertaken by a

person or legal entity authorized by a Convention

country, it shall not be an offence under sub-

paragraphs (iii) and (iv) if the transport of such

items or materials is consistent with or is for a use or

activity that is consistent with its rights,

responsibilities and obligations under the applicable

multilateral non-proliferation treaty to which it is a

party; or

(l)

organizes or directs others to commit an

offence under paragraphs (a) to (k); or

(m) in any other way knowingly contributes

to the commission of one or more of the offences

under paragraphs (a) to (k), by a group of persons

acting with a common purpose when such

contribution is made with the aim of furthering the

general criminal activity or purpose of the group or

in the knowledge of the intention of the group to

commit the offence or offences concerned; or

(n) assists

an

offender

to

evade

investigation, prosecution or punishment in relation

to one or more offences under paragraphs (a) to (l),

shall be guilty of an offence and shall be liable on

conviction to the punishment of imprisonment from seven

years to life.

(1) The provisions of articles 121D, 248E(4)

and 248E(4A) of the Criminal Code shall apply mutatis

mutandis to any offence under this Part.

(2) The provisions of article 328K of the Criminal

Code shall also apply mutatis mutandis to any offence

under this sub-title as if the reference therein to article

328J were a reference to article 121D.

(1) Subject to the provisions of sub-article

(2), where an offence under this Part is committed outside

Malta, the person committing such offence may be dealt

with in respect thereof as if such offence had been

committed in Malta.

(2) Without prejudice to the provisions of article 5

of the Criminal Code, the Maltese courts shall also have

jurisdiction over the said offences where

(a) the offence is committed against an

aircraft registered in Malta; or

(b) the aircraft on board of which the

offence is committed lands in Malta with the

offender still on board; or

(c)

the offence is committed against or on

board an aircraft which is leased without crew to a

lessee who has his principal place of business or,

where he has no such place of business, his

permanent residence, in Malta; or

(d) the offender is a Maltese national; or

(e)

the offence was committed against a

Maltese national; or

(f)

the offence was committed by a stateless

person whose habitual residence is in Malta.

(1) The offences under this Part shall be

deemed to have been included as extraditable offences

and provided for all the extradition treaties made by Malta

with Convention countries and which extend to, and are

binding on, Malta on the date of commencement of this

Act.

(2) For the purposes of the application of the

Extradition Act, to offences under this Part, any aircraft

registered in a Convention country shall, at any time while

that aircraft is in flight or in service, as the case may be,

be deemed to be within the jurisdiction of that country

whether or not it is for the time being also within the

jurisdiction of any other country.

(3) Where the Extradition Act does not apply in

the case of any State which is a party to the Beijing

Convention, the Minister may make an order providing

for the Extradition Act to apply in the case of that State

with like effect and subject to like terms and conditions as

if authorised by articles 6 and 7 of the Extradition Act

and, for the purposes of any such order, that Convention

shall be equivalent to the designation of a foreign country

under the said article 6 and shall be treated as an

arrangement such as is mentioned in the said article 7.

(4) Where the Extradition Act applies to any State

by virtue only of an order made under sub-article (3), no

application for extradition by that State shall relate to any

extradition crimes within the meaning of the Extradition

Act except offences deemed to be included in the list of

extradition crimes pursuant to sub-article (1).

The Minister may, by order in the Gazette,

certify as to which are the contracting parties to the

Beijing Convention and to what extent they have availed

themselves of the provisions of the Convention, and any

such order shall be conclusive evidence of the matters

certified therein.".

18. In paragraph (b) of article 30, as re-numbered, of the Amendment of

principal Act, for the words "State of registration," there shall article

substituted the words "State of registration or State of Registry, as the

case may be,".

19. Immediately after article 33, as re-numbered, of the Addition of new

principal Act, there shall be added the following new article

In virtue of this Act, the Government of

Malta is authorised to ratify the Beijing Convention

(2010), the Beijing Protocol (2010) and the Montreal

Protocol (2014).".

Passed by the House of Representatives at Sitting No. 380 of the

25th April, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.44