CIVIL AVIATION (SECURITY) ACT

CIVIL AVIATION (SECURITY)

CHAPTER 353

CIVIL AVIATION (SECURITY) ACT

To give effect to the Convention on Offences and Certain Other Acts Committed on Board

Aircraft (Tokyo, 1963); the Convention for the Suppression of Unlawful Seizure of Aircraft

(The Hague, 1970); and the Convention for the Suppression of Unlawful Acts Against the

Safety of Civil Aviation (Montreal 1971); and the Protocol to the Montreal Convention (1988).

(9th August, 1991) *

ACT XX of 1991 , as amended by Legal Notice 425 of 2007 and Act XX of 2016 and

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

In this Act, unless the context otherwise requires, the

following 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;

"commander" in relation to an aircraft means the member of the

crew designated as commander of that aircraft by the operator

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

being the pilot in command of the aircraft;

"The Hague Convention" means the Convention for the

Suppression of Unlawful Seizure of Aircraft, done at The Hague on

the 16th day of December, 1970;

"Maltese controlled aircraft" means an aircraft -

(a) which is for the time being registered in Malta; or

(b) which is not for the time being registered in any

country but in the case of which either the operator of

the aircraft or each person entitled as owner to any

legal or beneficial interest in it satisfies the following

requirements, namely -

(i) that he is a person qualified to be the owner of a

legal or beneficial interest in an aircraft

registered in Malta; and

(ii) that he resides or has his principal place of

business in Malta; or

(c) which, being for the time being registered in some

other country, is for the time being chartered by

demise or leased without crew to a person who, or to

persons each of whom, satisfies the requirements

aforesaid or leased whether without or with crew to an

airline registered in Malta;

"Military aircraft" means an aircraft of the naval, military or air

forces of any country;

"Minister" means the Minister responsible for civil aviation

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Provided that for any provisions relating to extradition, and

save as otherwise provided, the word ''Minister'' means the Minister

responsible for Justice;

"operator" in relation to any aircraft at any time means the

person who at that time has the management of that aircraft;

"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;

''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;

"the Montreal Convention" means the Convention for the

Suppression of Unlawful Acts Against the Safety of Civil Aviation,

done at Montreal on the 23rd day of September, 1971;

"the Montreal Protocol" means the Protocol for the Suppression

of Unlawful Acts of Violence at Airports Serving International

Civil Aviation, Supplementary to the Montreal Convention, which

Protocol was signed at Montreal on the 24th February, 1988;

''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;

"the Tokyo Convention" means the Convention on Offences and

Certain Other Acts Committed on Board Aircraft, done at Tokyo on

the 14th of September, 1963.

PART II

Provisions giving effect to the Tokyo Convention (1963)

and the Montreal Protocol (2014)

(1) In this Part, except where the context otherwise

requires, the following expressions have the following meanings

respectively, that is to say -

"Convention country" means a country in which the Tokyo

Convention is for the time being in force; and the Minister may, by

order, certify that any country specified in the order is for the time

being a Convention country, and any such order for the time being

in force which may be varied or revoked by a subsequent order,

shall be conclusive evidence that the country in question is for the

time being a Convention country;

"Immigration Officer" has the same meaning assigned to it by

article 2 of the Immigration Act and includes any public officer

acting under such authority;

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(2)

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.

(3) In this Part, any reference to a country or the territorial

limits thereof includes a reference to the territorial waters, if any,

of that country.

(1) Subject to subarticle (2), any act taking place on board

any Maltese controlled aircraft while in flight elsewhere than in or

over Malta and which, if taking place in Malta, would constitute an

offence under the law in force in Malta shall constitute that offence.

(2) Subarticle (1) shall not apply to any act which is, by or

under the law in force in Malta, expressly or impliedly authorised

when taking place outside Malta.

For the purpose of article 5 of the Criminal Code, an

offence referred to in article 4(1), shall be deemed to have been

committed in Malta.

In exercising its jurisdiction over offences committed on

board an aircraft, when Malta is not the State of registration, action

over 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

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Provided that the term ''permanent resident'' shall have the

meaning assigned to it under article 5(1)(d) of the Criminal Code.

Without prejudice to the provisions of article 5 of the

Criminal Code, the Maltese courts shall also be competent to

exercise 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.

(1) If the commander of an aircraft in flight has reasonable

grounds to believe in respect of any person that the person in

question has committed, or is about to commit, on board the aircraft

any criminal offence or has done or is about to do any act which

jeopardizes or may jeopardize -

(a) the safety of the aircraft or of persons or property on

board the aircraft; or

(b) good order and discipline on board the aircraft,

then, subject to article 7, the commander may take with respect to

that person such reasonable measures, including restraint of his

person, as may be necessary -

(i)

to protect the safety of the aircraft or of persons

or property on board the aircraft; or

(ii) to maintain good order and discipline on board

the aircraft; or

(iii) to enable the commander to deliver that person

in accordance with article 7.

(2) Where the commander of the aircraft is entitled under

subarticle (1) to restrain any person -

(a) any member of the crew of the aircraft or any other

person on board the aircraft may -

(i) at the request or with the authority of the

commander, render assistance in effecting the

restraint;

(ii) without obtaining the authority of the

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commander, take with respect to any person on

board the aircraft any measures such as are

mentioned in subarticle (1) which he has

reasonable grounds to believe are immediately

necessary to protect the safety of the aircraft or

of persons or property on board the aircraft; and

(b) any member of the crew shall, if the commander so

requires, render such assistance as the commander may

direct.

(3) Any member of the crew of an aircraft who wilfully and

without reasonable cause fails to assist the commander of the

aircraft in restraining any person when so required 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).

(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.

(1) Where a person is under restraint on an aircraft

pursuant to article 6 the commander of the aircraft shall as soon as

practicable, and if possible before landing in any country, notify the

authorities in that country of the fact that a person on board is

under restraint, of the reasons for such restraint and of any decision

to deliver such person.

(2) Any restraint imposed on any person on board an aircraft

conferred by article 6 shall not be continued after the time when the

aircraft first thereafter ceases to be in flight other than -

(a) for any period (including the period of any further

flight) between that time and the first occasion

thereafter on which the commander is able with any

requisite consent of the appropriate authorities to

disembark or deliver the person under restraint in

accordance with subarticle (3); or

(b) if the person under restraint agrees to continue his

journey under restraint on board that aircraft.

(3) The commander of an aircraft if in the case of any person

on board the aircraft he has reasonable grounds -

(a) to believe as mentioned in article 6(1); and

(b) to believe that it is necessary so to do in order to

protect the safety of the aircraft or of persons or

property on board the aircraft or to maintain good

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order and discipline on board the aircraft,

may disembark that person in any country in which that aircraft

may be and, if convenient, deliver him to a person having the

function of a police officer or immigration officer.

(4)

The commander of an aircraft -

(a) if he disembarks any person in pursuance of subarticle

(3), in the case of a Maltese-controlled aircraft, in any

country or, in the case of any other aircraft, in Malta,

shall report the fact of, and the reasons for, that

disembarkation to the authorities in the country of

disembarkation and shall also request the authorities to

notify a diplomatic or consular representative of the

country of nationality of that person; or

(b) if he delivers any person in pursuance of subarticle (3),

shall at the time of delivery furnish to the appropriate

officer such evidence and information relating to the

need to take measures against that person pursuant to

article 6, as at the time of furnishing are lawfully in his

possession.

(5) Any commander of an aircraft who wilfully and without

reasonable cause fails to comply with the requirement of subarticle

(4) shall be liable on conviction to a fine (multa) of one thousand

and one hundred and sixty-four euro and sixty-nine cents

(1,164.69).

(1) For the purposes of the application of the Extradition

Act to crimes committed on board an aircraft in flight, any aircraft

registered in a Convention country may, at any time while that

aircraft is in flight, 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.

(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.

(1) Where, in proceedings before any court in Malta for an

offence committed on board an aircraft, the evidence of any person

is required and the court is satisfied that such person cannot be

found in Malta, there shall be admissible in evidence before that

court any statement relating to the subject-matter of those

proceedings previously made on oath by that person and which was

so made -

(a) in the presence of the person charged with the offence;

and

(b) in any other Convention country to an officer having

functions corresponding to the functions, in Malta,

either of judge or of a magistrate or of a consular

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officer.

(2) Any such deposition shall be authenticated by the signature

of the judge, magistrate or consular officer before whom it was

made, and shall be certified by him to have been taken in the

presence of the person charged as aforesaid.

(3) It shall not be necessary in any proceedings to prove the

signature or official character of the person appearing to have

authenticated any deposition, or to have given such a certificate as

aforesaid; and such a certificate shall, unless the contrary is proved,

be sufficient evidence in any proceedings that the person charged

as aforesaid was present at the making of the deposition.

The commander of an aircraft, any other member of the

crew, any passenger, any in-flight security officer, any owner or

operator of an aircraft or any person on whose behalf a flight is

made who takes action against any person in pursuance of this Part

shall be exempt from liability for any measures taken against the

offender in accordance with this Part whether the offender is

convicted or not.

PART III

Provisions giving effect to The Hague Convention (1970)

and the Beijing Protocol (2010)

In this Part, unless the context otherwise requires -

"Convention country" means a country in which The Hague

Convention is for the time being in force.

(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,

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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.

(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) Whoever, being a person committing the offence of

hijacking of an aircraft, commits, in connection with such offence,

any act of violence against any passenger or member of the crew of

such aircraft, shall be punished with the same punishment with

which he would have been punishable under any law for the time

being in force in Malta if such act had been committed in Malta.

(2) For the purposes of subarticle (1) any act of violence means

any act which would constitute an offence under articles 211, 212,

214, 216, 217, 218, 220 and 222 of the Criminal Code.

(1) Subject to the provisions of subarticle (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.

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(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 service, 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 Hague 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 4 and 7 of the Extradition Act

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

equivalent to the designation of a Commonwealth country under

the said article 4 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 subarticle (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 subarticle

(1).

The Minister may, by order in the Gazette, certify as to

which are the contracting parties to The Hague 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.

PART IV

Provisions giving effect to the Montreal Convention (1971) and

the Montreal Protocol (1988)

(1) In this Part, unless the context otherwise requires -

"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;

"Convention country" means a country in which the Montreal

Convention and the Montreal Protocol are 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, and in the

case of a forced landing, the flight shall be deemed to

continue until the competent authorities of the country

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in which such forced landing takes place 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 pre-flight preparation of the aircraft

by the ground staff or by the crew for a specific flight

until twenty-four hours after any landing and the

period of such service shall include the entire period

during which the aircraft is in flight.

(1) Whoever unlawfully and intentionally -

(a) commits an act of violence against a person on board

an aircraft in flight which is likely to endanger the

safety of such aircraft; or

(b) destroys an aircraft in service or causes damage to

such aircraft in such a manner as to render 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) communicates such information which he knows to be

false so as to endanger the safety of an aircraft in

flight,

shall be liable to imprisonment from twelve (12) years to life.

(2) Whoever unlawfully and intentionally using any device,

substance or weapon -

(a) performs an act of violence against a person at an

airport serving international civil aviation which

causes or is likely to cause serious injury or death; or

(b) destroys or seriously damages the facilities of an

airport serving international civil aviation or aircraft

not in service located therein or disrupts the services

of the airport,

if such an act endangers or is likely to endanger the safety at that

airport shall be liable to life imprisonment or to such lesser

punishment, being not less than imprisonment for three years, as

the court may deem fit.

(3) For the purpose of this article "act of violence" means any

act which would constitute the offences under articles 211, 212,

214, 216, 217, 218, 220 and 222 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 person or

property is actually caused; "explosive substance" has the same

meaning assigned to it by article 314 of the Criminal Code.

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Whoever unlawfully and intentionally destroys or damages

air navigation facilities or interferes with their operation in such a

manner as is likely to endanger the safety of the aircraft in flight

shall be liable to imprisonment for life.

(1) Subject to the provisions of subarticle (2), where an

offence under article 19 is committed outside Malta, the person

committing such offence may be dealt with in respect thereof as if

such offences had been committed in Malta.

(2) No court shall take cognizance of an offence punishable

under article 19 which is committed outside Malta unless -

(a) such offence is committed on board an aircraft

registered in Malta; or

(b) such offence is committed on board an aircraft which

is for the time being 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

(c) the alleged offender is a citizen of Malta or is on board

the aircraft in relation to which such offence is

committed when it lands in Malta or is found in Malta.

(1) The offences under this Part shall be deemed to have

been included as extraditable offences and provided for in 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 Act, any aircraft registered in a Convention

country shall, at any time while that aircraft is in flight, 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

foreign State which is a party to the Montreal Convention, or to the

Montreal Protocol, 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 authorised by articles 4

and 7 of the Extradition Act and, for the purposes of any such

order, that Convention and that Protocol shall be equivalent to the

designation of a Commonwealth country under the said article 4

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 subarticle (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 subarticle

(1).

The Minister may, by order in the Gazette, certify as to

who are the contracting parties to the Montreal Convention and the

Montreal Protocol and to what extent they have availed themselves

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of the provisions of the Convention, and any such order shall be

conclusive evidence of the matters certified therein.

PART V

Provisions giving effect to the Beijing Convention (2010)

(1) In this Part, unless the context otherwise 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;

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(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;

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(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 person at

an airport serving international civil aviation

which causes or is likely to cause serious injury

or death; or

CIVIL AVIATION (SECURITY)

(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

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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

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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.

General

If the Minister by order declares -

(a) that any two or more States named in the order have

established an organization or agency which operates

aircraft; and

(b) that one of those States has been designated to exercise

the powers of the State of registration or State of

Registry, as the case may be, or to be considered as the

State thereof, in relation to all or any aircraft so

operated,

then, for the purposes of such provisions of this Act as the order

may prescribe, the State so designated or considered under

paragraph (b) shall be deemed to be the State in which all aircraft

so operated, or (as the case may be) any such aircraft specified in

the order, are registered.

The Minister may make regulations for the purpose of

giving effect to this Act and, without prejudice to the generality of

the foregoing, may provide for -

(a) the procedure in assisting an offender to communicate

with a representative of the State of which he is a

national;

(b) the notification to any foreign State of any matter to be

notified under this Act;

(c) the restoration and preservation of control of an

aircraft to the commander of the aircraft;

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(d) the return of an aircraft and its cargo, after such

aircraft and cargo have been unlawfully seized, to any

person lawfully entitled to possession;

(e) assisting passengers and crew to continue their journey

after the unlawful seizure of an aircraft; and

(f) the holding of any investigation into unlawful or

dangerous acts on board an aircraft.

(1) No suit, prosecution or other legal proceeding shall lie

against any person for anything which, in good faith, is done or

intended to be done in pursuance of the provisions of this Act.

(2) No suit or other legal proceeding shall lie against the

Government of Malta for any damage caused or likely to be caused

for anything which, in good faith, is done or intended to be done in

pursuance of the provisions of this Act.

In virtue of this Act, the Government of Malta is authorised

to ratify the Tokyo Convention, The Hague Convention, the

Montreal Convention and the Montreal Protocol.

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).