AIRPORTS AND CIVIL AVIATION (SECURITY) ACT

CHAPTER 405

AIRPORTS AND CIVIL AVIATION (SECURITY) ACT

To give effect to certain enactments relating to aviation security.

(21st July, 1998) *

ACT XX of 1998, as amended by Legal Notice 426 of 2007; and Acts VIII of 2010, XIV of

2014 and XXIII of 2015 and XL of 2023.

The short title of this Act is the Airports and Civil Aviation

(Security) Act.

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;

"airport" means any area of land or water designed, equipped, set

apart or commonly used for affording facilities for the take-off and

landing of aircraft, and includes an air passenger terminal, an air

cargo terminal and an air cargo warehouse as well as all lands and

facilities pertinent to an airport;

" a i r n a v i ga ti o n i ns ta ll a t i on " m e a ns a ny bu i ld i ng , wo r k s ,

apparatus or equipment used wholly or mainly for the purpose of

assisting air traffic control or as an aid to air navigation, together

with any land contiguous or adjacent to any such building, works,

apparatus or equipment and used wholly or mainly for purposes

connected therewith;

"article" includes any substance, whether in solid or liquid form

or in the form of a gas or vapour;

"authorised officer" means any person authorised by the Head

Aviation Security, or authorised by the Head Aviation Security on

the advice of the Commissioner of Police, or the Commander,

Armed Forces of Malta, or the Director General Civil Aviation, or

the Chairman, Malta International Airport, to perform the duties of

security guard or watchman in a restricted area;

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

crew designated as commander of that aircraft by the 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 article 314 of the

Criminal Code;

"firearm" has the same meaning as in the Arms Act;

"Head Aviation Security" means 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

p u r p o s e s o f t h i s A c t . T h e H e a d Av i a t i o n S e c u r i t y a n d h i s

department are the designated appropriate authority for Civil

Av i at i o n S e c u r i t y i n M a l t a f o r t h e p u r p o s e o f A r t i c l e 9 o f

Regulation (EC) Nr. 300/2008 and of the Annex to Commission

Regulation (EU) Nr. 18/2010;

"immigration officer" means the Principal Immigration Officer

as defined in article 2 of the Immigration Act acting under such

authority;

"loss or damage" in relation to persons, has the same meaning as

in the Civil Aviation Act;

"Malta" has the same meaning as assigned to it by article 124 of

the Constitution of Malta;

"manager", in relation to an airport, means those persons legally

responsible for the organisations that are managing the operations

of passengers and of the carg o termin al, and of the ai rsi de

operations;

"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, shall have the same

meaning given to it in the Aircraft Registration Act;

" m o t o r v e h i c l e " m e a n s a n y t y p e o f v eh i c l e p r o p e l l e d b y

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

Police Act;

"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 Head Aviation 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 appears to him to be requisite or expedient -

(a) for prescribing or making provision for any aviation

security matter that is to be or may be prescribed under

this Act;

(b) generally for securing the safety of aircraft and of

persons and property carried therein, and for the

detention of aircraft for any of the purposes specified

in this paragraph;

(c) for preventing interference with the use or effective-

ness of apparatus used in connection with air

navigation;

(d) generally for regulating security at any airport in

Malta;

(e) prescribing fees that are to be paid by managers of

airports, aircraft operators, air cargo agents and

passengers in respect of the provision of security

services at any airport in Malta;

(f)

for appointing the Head Aviation Security with overall

responsibility for the management and control of

aviation security and for the command, co-ordination

and oversight of all the security resources provided at

Luqa Airport or any other designated airport in Malta;

(g) to establish administrative penalties for failure to

comply with the provisions of this Act where such

failure is not already subject to other punitive

measures of a criminal nature or for the payment of

administrative fines in lieu of criminal proceedings,

which administrative fines shall not be in an amount of

more than five thousand euro, and to establish the

procedures for the imposition and collection of such

administrative fines and to provide for any other

administrative measures that may be taken in default

of payment in respect of the person who has failed to

pay.

(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 subarticle (1) shall specify a date (not being

earlier than four weeks from the date on which the notice is served)

before which the information required by the notice in accordance

with subarticle (1) is to be furnished to the Minister.

(3) Any such notice shall also require the person on whom it is

served, after he has furnished to the Minister the information

required by the notice in accordance with subarticle (1), to inform

the Minister if at any time -

(a) any further measures, in respect of aircraft registered

or operating in Malta of which at that time he is the

operator, or in respect of the airport to which the

information so furnished related, as the case may be,

are taken for purposes to which this Part of this Act

applies, either -

(i)

by way of alteration of, or addition to, the

measures specified in any information

previously furnished by him under this article;

or

(ii) by way of applying any measures so specified to

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

in the previous information;

or

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

in paragraph (a) are discontinued.

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

furnished to the Minister in accordance with subarticle (3), it shall

require that information to be furnished to him before the end of

such period, not being less than seven days from the date on which

the further measures in question are taken, as is specified in the

notice for the purposes of this subarticle, and where the measures

are to be discontinued before they are so discontinued.

(5)

Any person who -

(a) refuses or, without reasonable cause, fails to comply

with a requirement imposed on him by a notice under

this article, or

(b) in furnishing any information so required, makes a

statement which he knows to be false in a material

particular, or recklessly makes a statement which is

false in a material particular,

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

fine (multa) not exceeding two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2,329.37) or to

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

fine and imprisonment.

(6) A notice served on a person under subarticle (1) may at any

time be revoked by a further notice served on him by the Minister.

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

the Aviation Security Committee (hereinafter in this article 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 of the 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 Head Aviation Security shall be ex officio members.

(4) The appointed members shall hold office for such term, not

being more than three years, as may be specified in their letter of

appointment.

(5) If any vacancy in the committee occurs during the period of

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 of this article the

Prime Minister may at any time terminate the appointment of an

appointed member, if, in his opinion, such appointed member is

unfit to continue in office or has become incapable of properly

performing his functions.

(8) The Head Aviation Security shall act as secretary of the

committee.

(9) The committee shall meet as often as necessary, but in no

case less frequently than once in every three calendar months.

(10) The committee shall decide on the composition and terms

of reference of sub-committees or expert groups to which it can

give special tasks.

(11) The committee shall regulate its own procedures.

Regulations made under any of the provisions of this Act

may provide for the detention of aircraft to secure compliance with

any 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 against acts of violence -

(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 articles 211, 212, 214, 216, 217, 218, 220 and

222A of the Criminal Code; or any act whereby an explosion of a

nature likely to endanger life, or to cause serious injury to property,

is maliciously caused by means of any explosive substance,

whether or not any injury to persons or property is actually caused.

(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 subarticle (4), 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 subarticle (4), subarticles (1) and (2)

apply whether any such act as is referred to in those subarticles is

committed in Malta or elsewhere and whatever the nationality of

the person committing the act.

(4) Subarticle (2)(a)(ii) does not apply to any act committed in

relation to an aircraft used in military, customs or Police service

unless -

(a) the act is committed in Malta, or

(b) where the act is committed outside Malta, the person

committing it is a Maltese national.

(5) A person who commits an offence under this article shall be

liable, on conviction, to imprisonment for life.

(6)

For the purposes of this Act -

(a) the period during which an aircraft is in flight shall be

deemed to include any period from the moment when

all its external doors are closed following embarkation

until the moment when any such door is opened for

disembarkation, and, in the case of a forced landing,

any period until the competent authorities take over

responsibility for the aircraft and for persons and

property on board; and

(b) an aircraft shall be taken to be in service during the

whole of the period which begins with the pre-flight

preparation of the aircraft for a flight and ends twenty-

four hours after the aircraft lands having completed

that flight, and also at any time (not falling within that

period) while, in accordance with the preceding

paragraph, the aircraft is in flight,

and anything done on board an aircraft in flight over any part of

Malta shall be treated as done in that part of Malta.

(7) Proceedings for an offence under this article shall not be

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

(1) Subject to subarticle (3), a person commits an offence

if, in answer to a question which -

(a) relates to any baggage, cargo or stores (whether

belonging to him or to another) that is or are intended

for carriage by an aircraft registered or operating in

Malta, and

(b) is put to him for purposes to which this Part of this Act

applies -

(i)

by any of the persons mentioned in subarticle

(2);

(ii) by any employee or agent of such a person in his

capacity as employee or agent; or

(iii) by an authorised officer,

he makes a statement which he knows to be false in a material

particular, or recklessly makes a statement which is false in a

material particular.

(2)

The persons referred to in subarticle (1)(b) are

(a) the manager of an airport in Malta;

(b) the operator of one or more aircraft registered or

operating in Malta; and

(c) any person who -

(i)

is permitted to have access to a restricted zone of

an airport for the purposes of the activities of a

business carried on by him; and

(ii) has control in that restricted zone over the

baggage, cargo or stores to which the question

relates.

(3) A person guilty of an offence under subarticle (1) shall be

liable, on conviction, to a fine (multa) not exceeding four thousand

and six hundred and fifty-eight euro and seventy-five cents

(4,658.75) or to imprisonment for a term not exceeding two years

or to both such fine and imprisonment.

(4)

In this article -

"cargo" includes stores and mail; and

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

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

equipment, whether or not for immediate fitting.

(1) Subject to subarticle (4), a person commits an 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 subarticle applies; or

(b) in connection with the continued holding by him or

another of any such document which has already been

issued,

he makes to any of the persons specified in subarticle (3), to any

employee or agent of such a person or to an authorised officer, a

statement which he knows to be false in a material particular, or

recklessly makes to any of those persons, to any such employee or

agent or to an authorised officer, a statement which is false in a

material particular.

(2) Subarticle (1) applies to any identity document which is to

be or has been issued by any of the persons specified in subarticle

(3) in accordance with arrangements the maintenance of which is

required by a direction given by the Minister.

(3)

The persons referred to in subarticle (1) are

(a) the Head Aviation Security;

(b) the manager of an airport in Malta;

(c) the authority responsible for an air navigation

installation in Malta;

(d) the operator of one or more aircraft registered or

operating in Malta; and

(e) any person who is permitted to have access to a

restricted zone of an airport or air navigation

installation for the purposes of the activities of a

business carried on by him.

(4) A person guilty of an offence under subarticle (1) shall be

liable, on conviction, to a fine (multa) not exceeding four thousand

and six hundred and fifty-eight euro and seventy-five cents

(4,658.75) or to imprisonment for a term not exceeding two years

or to both such fine and imprisonment.

(1) A person shall not -

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

restricted area of -

(i) an airport, or

(ii) an air navigation installation which does not

form part of an airport,

except with the permission of the Head Aviation

Security, and the authority responsible for the air

navigation installation or a person acting on behalf of

that Head 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 Head Aviation Security, or

the authority responsible for the air navigation

installation or a person acting on behalf of that Head

or authority

Provided that the Head Aviation Security may at any time

enter into any part of such restricted area or remain thereat notwith-

standing the opposition of the authority responsible for the air

navigation installation.

(2) Subarticle (1)(a) does not apply unless it is proved that, at

the material time, notices stating that the area concerned was a

restricted area were posted so as to be readily seen and read by

persons entering the restricted area.

(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 Head Aviation 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 above, but shall in such cases produce

their service identity card and upon demand by the Head Aviation

Security

Provided further that the Head Aviation 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 Head Aviation Security may deem expedient. Any such security

pass or written authorisation shall be returned to the Head Aviation

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 Head Aviation Security. Temporary authorisations in writing

and identity cards shall be produced on demand when so requested

by an authorised officer.

(4) A person holding a security pass issued under this article

shall return it to the Head Aviation 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 Head Aviation Security, and the

person employing such employee shall immediately inform the

Head Aviation Security of the cessation, for any cause, of such

employment.

(1) No motor vehicle shall enter or be driven in a

restricted area without the written authorisation of the Head

Aviation Security, and under such conditions as may be specified

therein

Provided that the Head Aviation 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 Act, or any Act amending or substituting the

same.

(1) Any person authorised under this Act to enter a

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

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

the 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 subarticle

(1) may be removed from a restricted area by any authorised officer

without prejudice to any criminal proceedings which may be

instituted against him.

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 Head Aviation 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.

The Head Aviation Security may, by notice in the Gazette,

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

one 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 article

11(1), article 12(1) or (4), article 13(1) or article 14(1) shall be

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

(multa) of not less than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2,329.37) and not

exceeding six thousand and nine hundred and eighty-eight euro and

twelve cents ( 6,988.12), or to imprisonment for a term not

exceeding two years or to both such fine and imprisonment.

(2) Any person who contravenes the provisions of article 12(3)

or of article 13(2) shall be guilty of an offence and, on conviction,

shall be liable to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69).

(3) Any person who contravenes the provisions of article 15

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

fine (multa) of not less than nine thousand and three hundred and

seventeen euro and forty-nine cents (9,317.49) but not exceeding

eighteen thousand and six hundred and thirty-four euro and ninety-

nine cents (18,634.99), or to imprisonment of not less than three

months but not exceeding two years or to both such fine and

imprisonment.

(4) The provisions of this article establishing offences and

punishments in respect thereof shall not affect the operation of any

other law establishing offences and punishments in respect of the

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 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 subarticle (1) shall be guilty of

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

two thousand and three hundred and twenty-nine euro and thirty-

seven cents (2,329.37), or imprisonment for a term not exceeding

two years or to both such fine and imprisonment.

(1) A person shall be guilty of an offence if he -

(a) intentionally obstructs an authorised officer acting in

the exercise of a power conferred on him by or under

this Part of this Act; or

(b) falsely pretends to be an authorised person.

(2) A person guilty of an offence under subarticle (1)(a) shall

be liable to a fine (multa) not exceeding three thousand and four

hundred and ninety-four euro and six cents (3,494.06), or to

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

fine and imprisonment.

(3) A person guilty of an offence under subarticle (1)(b) shall

be liable, on conviction, to a fine not exceeding two thousand and

three hundred and t wen ty-nine euro and thirty-seven cents

(2,329.37), or to imprisonment for a term not exceeding two years

or to both such fine and imprisonment.

(1) The Minister may, by regulations, make provision, for

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

persons (in this article 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 article may, in particular -

(a) enable the Minister to maintain a list of air cargo

agents who are approved by him for purposes related

to aviation security, to include the name of an air cargo

agent on that list, on application being made to the

Minister in accordance with such regulations, if he is

satisfied as to such matters as are specified in the

regulations, and to remove the name of any person

from that list in such circumstances as may be so

specified;

(b) provide that any provision of this Part of this Act

which applies in relation to persons who are permitted

to have access to a restricted zone of an airport for the

purposes of the activities of a business (including any

such provision which creates a criminal offence) shall

also apply, with such modifications as may be

specified in the regulations, in relation to air cargo

agents included on any such list;

(c) make provision (including any such provision as is

mentioned in paragraphs (a) and (b)) relating to a class

of air cargo agents as may be specified in the

regulations and not to other air cargo agents;

(d) make different provision for different cases; and

(e) make such incidental, supplementary or transitional

provision as the Minister considers necessary or

expedient in consequence of any provision made by

the regulations.

(3)

In this article -

"cargo" includes stores and mail; and

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

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 any one or more

aircraft registered or operating in Malta, or to the Head Aviation

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 Head Aviation Security or to the manager of

an airport under subarticle (1) may be given so as to relate -

(a) either to all aircraft which at the time when the

direction is given or at any subsequent time are in any

part of the airport, or to a class of such aircraft

specified in the direction;

(b) either to all persons or only to one or more persons, or

persons of one or more descriptions, specified in the

direction; and

(c) either to property of every description or only to

particular property, or property of one or more

descriptions, specified in the direction.

(3) Any person who refuses or fails to comply with a direction

given to him under this article shall be guilty of an offence and

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

thousand and three hundred and twenty-nine euro and thirty- seven

cents (2,329.37), or to imprisonment for a term not exceeding two

years or to both such fine and imprisonment.

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

may give a direction in writing to the Head Aviation Security or to

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

such searches to which this article applies as are specified in the

direction are carried out by other persons of such a description as

may be specified in the direction.

(2) The searches to which this article applies, in relation to an

airport, are searches -

(a) of the airport or any part of it;

(b) of any aircraft which at the time when the direction is

given or at any subsequent time is in any part of the

airport; and

(c) of persons or property (other than aircraft) which may

at any such time be in any part of the airport.

(3) Where a direction given under this article to the manager of

an airport is for the time being in force, then, if a member of the

Armed Forces of Malta or of the Malta Police Force, or any other

person specified in the direction in accordance with this article, has

reasonable cause to suspect that an article to which article 28

applies is in, or may be brought into, any part of the airport, he

may, by virtue of this subarticle and without a warrant, search any

part of the airport or any aircraft, vehicle, goods or other moveable

property of any description which, or any person who, is for the

time being in any part of the airport, and for that purpose -

(a) may enter any building or works in the airport, or enter

upon any land in the airport, if need be by force; and

(b) may stop any such aircraft, vehicle, goods, property or

person and detain it or him for so long as may be

necessary for that purpose.

(4)

Any person who -

(a) refuses or fails to comply with a direction given to him

under this article; or

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

exercise of a power conferred on him by subarticle (3),

shall be guilty of an offence and shall be liable, on

conviction, to a fine (multa) not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (2,329.37), or to imprisonment for a

term not exceeding two years or to both such fine and

imprisonment.

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

this article 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

(b) any part of any airport in Malta.

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

an airport under subarticle (1) shall have power -

(a) to subject any property found by him in the aircraft

(but not the aircraft itself or any apparatus or

equipment installed in it) or, as the case may be, to

subject that part of the airport or any property found

by him there, to such tests; or

(b) to require the operator of the aircraft, or the manager

of the airport, to furnish to him such information,

as the authorised person may consider necessary for the purpose for

which the inspection is carried out.

(3) Subject to subarticle (4), an authorised person, for the

purpose of exercising any power conferred on him by the preceding

provisions of this article in relation to an aircraft or in relation to an

airport, shall have power -

(a) for the purpose of inspecting an aircraft, to enter it and

to take all such steps as are necessary to detain it; or

(b) for the purpose of inspecting any part of an airport, to

enter any building or works in the airport or enter upon

any land in the airport.

(4) The powers conferred by subarticle (3) shall not include

power for an 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

article; or

(b) refuses or, without reasonable excuse, fails to comply

with a requirement imposed on him under, subarticle

(2)(b); or

(c) in furnishing any information so required, makes a

statement which he knows to be false in a material

particular, or recklessly makes a statement which is

false in a material particular,

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

fine not exceeding two thousand and three hundred and twenty-

nine euro and thirty-seven cents (2,329.37), or to imprisonment for

a term not exceeding two years or to both such fine and

imprisonment.

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

relation to air navigation installations in Malta in accordance with

the following provisions of this article.

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

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

subject to subarticle (5), as if in them any reference to an airport

were a reference to such an air 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 articles shall have effect, subject to subarticle (5),

as if in them any reference to an airport were a reference either -

(a) to an airport; or

(b) to an air navigation installation which forms part of an

airport; or

(c) to so much of an airport as does not consist of an air

navigation installation,

and accordingly a notice under article 4 or a direction under article

22 or 23 may be served or given either in respect of the whole of

the airport, or in respect of so much of the airport as does not

consist of an air navigation installation.

(4) For the purposes of the service of a notice or the giving of a

direction under article 4 or 22 as modified by subarticle (3), where

the notice is to be served, or the direction given, in respect of an air

navigation installation separately, any reference in any of those

articles to the 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) Subarticles (2) and (3) shall not apply to article 22(3); but

where a direction given under article 22, as applied or modified by

the preceding provisions of this article, is for the time being in

force -

(a) if it is a direction given in respect of an air navigation

installation separately (whether that installation forms

part of an airport or not), the said article 22 shall have

effect in relation to that direction as if the air

navigation installation were an airport and, where the

direction was given to the authority responsible for the

air navigation installation, as if it had been given to the

manager of that airport;

(b) if it is a direction given in respect of so much of an

airport as does not consist of an air navigation

installation, the said article 22(3) shall have effect in

relation to that direction as if any air navigation

installation comprised in the airport did not form part

of the airport.

PART IV

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 article 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 article applies to the following articles, that is to say

(a) any firearm, or any article having the appearance of

being a firearm, whether capable of being discharged

or not;

(b) any explosive, any article manufactured or adapted

(whether in the form of a bomb, grenade or otherwise)

so as to have the appearance of being an explosive,

whether it is capable of producing a practical effect by

explosion or not, or any article marked or labelled so

as to indicate that it is or contains an explosive; and

(c) any article (not falling within either of the preceding

paragraphs) made or adapted for use for causing injury

to or incapacitating a person or for destroying or

damaging property, or intended by the person having it

with him for such use, whether by him or by any other

person.

(3) For the purposes of this article a person who is for the time

being in an 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 article 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

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

aircraft), the article, or an article in which it is

contained, is in that or any other part of the airport and

has been caused (whether by him or by any other

person) to be brought into the airport as being, or as

forming part of, his baggage on a flight from that

airport or otherwise or has been caused by him to be

brought there as being, or as forming part of, any other

property to be carried on such a flight on which he is

also to be carried, or otherwise,

notwithstanding that the circumstances may be such that (apart

from this subarticle) he would not be regarded as having the article

with him in the aircraft or in a part of the airport, as the case may

be.

(4) Any person who contravenes any of the provisions of this

article shall be guilty of an offence and shall be liable, on

conviction, to a fine not exceeding four thousand and six hundred

and fifty-eight euro and seventy-five cents (4,658.75), 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 subarticle (1)(b) the person found so guilty shall

be liable to the punishments prescribed in article 313 of the

Criminal Code.

(5) Nothing in subarticle (3) shall be construed as limiting the

circumstances in which a person would, apart from that subarticle,

b e r e g a r d e d a s h a v in g a n a rt i c l e w it h h i m a s m e n t io n e d i n

subarticle (1).

(1) Where the Head Aviation Security has reasonable

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 Head Aviation Security may

prohibit him from travelling on board the aircraft, and for the

purpose of enforcing that prohibition the Head Aviation 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 subarticle (1)

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

fine not exceeding three thousand and four hundred and ninety-four

euro and six cents (3,494.06), or to imprisonment for a term not

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

Proceedings for an offence under any of the preceding

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

for the purposes of civil aviation for the purposes of this Part of

this Act 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 subarticle (1) in relation to

any airport, the Minister shall consult the Minister responsible for

Civil Aviation, the Head Aviation Security and the members of the

Airport Security Committee.

(3) The power to make an order under subarticle (1) shall be

exercisable by Legal Notice

Provided that any order which has not been consented to by

the authorities mentioned in subarticle (2) 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

which is a designated airport -

(a) stop, and without warrant search, any airport employee

in order to ensure that such employee does not have in

his possession or is not conveying in any manner

anything stolen or unlawfully obtained on the airport;

and

(b) in order to ensure that anything stolen or unlawfully

obtained on the airport is not in or on any vehicle

inside or going out of an airport or in or on any

aircraft, stop and without warrant search and detain the

vehicle or, as the case may be, board and without

warrant search the aircraft.

(2)

Any relevant authorised officer may -

(a) stop any person who is leaving a cargo area in an

airport which is a designated airport and inspect any

goods carried by or on that person;

(b) stop and search any vehicle or aircraft which is leaving

any such area and inspect the vehicle or aircraft and

any goods carried on or in it; and

(c) detain in the area -

(i)

any such goods as aforesaid for which there is

not produced a document authorising their

removal from the area signed by a person

authorised in that behalf by the operator of the

aircraft; and

(ii) any such vehicle or aircraft as aforesaid so long

as there are on or in it goods liable to detention

under this paragraph.

(3) In any cargo area in an airport which is a designated airport

the powers of an authorised officer under subarticle (1)(b) -

(a) extend to any vehicle whether or not it is carrying an

airport employee; and

(b) include power, not only to board and search an aircraft,

but also to stop and detain it.

(4) In this article "airport employee", in relation to any airport,

means any person in the employment of the manager of the airport

and any person employed otherwise than by the manager to work

on the airport.

(5) In this article "cargo area" means any area which appears to

the Minister to be wholly or mainly intended or used for the storage

or handling of cargo in an airport and is designated by an order

made by him for the purposes of this article.