Aviation Security (Background Checks) Regulations, 2011

L.N. 488 of 2011

AIRPORTS AND CIVIL AVIATION (SECURITY) ACT

(CAP. 405)

Aviation Security (Background Checks) Regulations, 2011

IN exercise of the powers conferred by article 3 of the Airports

and Civil Aviation (Security) Act, the Minister of Justice and Home

Affairs has made the following regulations

The title of these regulations is the Airport Security

(Background Checks) Regulations, 2011.

(Regulation 3)

Form of application for the issue of a security pass

Second Schedule

(Regulations 6 and 7)

Offences to which these regulations apply

1. Any offence against any of the provisions of the Airports and Civil

Aviation (Security) Act, including the attempt to commit such offences.

2. The following crimes referred to in the Criminal Code, including the

attempt to commit such crimes

(a)

crimes referred to in Sub-Title IVA of Title IX of Part II of Book

First of the Criminal Code - Of Acts of Terrorism, Funding of Terrorism and

Ancillary Offences;

(b) crimes referred to in Sub-title I of Title VIII of Part II of Book

First of the Criminal Code - Of Wilful Homicide;

(c)

crimes referred to in Sub-title II of Title VIII of Part II of Book

First of the Criminal Code - Of Wilful Offences against the Person;

(d) crimes referred to in Title V of Part II of Book First of the

Criminal Code - Of Crimes affecting Public Trust;

(e)

crimes referred to in Sub-Titles I, II, and III of Title IX of Part II

of Book First of the Criminal Code - Of Crimes against the Property and

Public Safety;

(f)

crimes referred to in Sub-Title VII Bis of Title VIII of Part II of

Book First of the Criminal Code - Of the Traffic of Persons; and

(g) crimes referred to in articles 91, 95, 96, 112 to 121E (both articles

included), 250, 311 and 313 of the Criminal Code.

3. Any offence relating to the Dangerous Drugs Ordinance or the Medical

Kindred and Professions Ordinance, including the attempt to commit any such

offences.

4. Any offence relating to the Arms Act, including the attempt to commit

any such offences.

5. Any offence relating to the Immigration Act, including the attempt to

commit any such offences.

6. Any offence connected with bomb threats and, or hoaxes, to the

detriment of airport security.

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In these regulations, unless the context otherwise requires

"the Act" means the Airports and Civil Aviation (Security) Act;

"Administrative Review Tribunal" means the Administrative

Review Tribunal set up by article 5(1) of the Administrative Justice

Act;

"applicant" means

-

a person who has never applied for the issue of a

security pass before; or

-

a person who has held a security pass in the past but

which has expired; or

-

a person who has held a security pass in the past but

which was withdrawn or returned back; or

-

an employer of the person for whom a security pass

is required;

"background check” means a record check of a person’s identity

and previous experience, including any criminal history, as part of the

assessment of an individual’s suitability for unescorted access to a

security restricted area;

"Manager" means the Manager Airport Security, as referred to

in article 2 of the Act;

"Minister" means the Minister responsible for aviation security

and, to the extent of the authority given, includes any person

authorized in that behalf by such Minister;

"minor" means any person below the age of eighteen years, at

the date of the commission of the offence;

"rehabilitation period" means a length of time, as prescribed in

these regulations, to be counted from the day of conviction, after

which an airport security pass may be issued as provided for in these

regulations, to an applicant who has been convicted of any of the

offences listed in the Second Schedule;

"restricted area" means an area access to which can only be

obtained by authorisation from the Manager Airport Security and

which may be as may be prescribed by regulations made under the

Act;

"security pass” means an airport security pass issued by the

Manager but does not include temporary authorization.

(Regolamenti 6 u 7)

Reati li galihom japplikaw dawn ir-regolamenti

1. Kull reat kontra xi disposizzjoni tal-Att dwar Sigurtà fl-Ajruportijiet u

fl-Avjazzjoni ivili, inklu l-attentat tal-kummissjoni ta’ dawn ir-reati.

2. Id-delitti li ejjin msemmija fil-Kodii Kriminali, inklu l-attentat tal-

kummissjoni ta’ dawn id-delitti

(a)

id-delitti msemmija fis-Sub-titolu IV A tat-Titolu IX tat-Taqsima

II tal-Ewwel Ktieb tal-Kodii Kriminali - Fuq Atti ta’ Terrorimu, Finanzjar

ta’ Terrorimu u Reati Anillari;

(b) id-delitti msemmija fis-Sub-titolu I tat-Titolu VIII tat-Taqsima II

tal-Ewwel Ktieb tal-Kodii Kriminali - Fuq l-Omiidju Volontarju;

()

id-delitti msemmija fis-Sub-titolu II tat-Titolu VIII tat-Taqsima II

tal-Ewwel Ktieb tal-Kodii Kriminali - Fuq l-Offii Volontarji fuq il-

Persuna;

(d) id-delitti msemmija fit-Titolu V tat-Taqsima II tal-Ewwel Ktieb

tal-Kodii Kriminali - Fuq id-Delitti kontra l-Fiduja Pubblika;

(e)

id-delitti msemmija fis-Sub-titoli I, II, u III tat-Titolu IX tat-

Taqsima II tal-Ewwel Ktieb tal-Kodii Kriminali - Fuq id-Delitti kontra l-

Proprjetà u kontra s-Sigurtà Pubblika;

(f)

id-delitti msemmija fis-Sub-titolu VIII Bis tat-Titolu VIII tat-

Taqsima II tal-Ewwel Ktieb tal-Kodii Kriminali - Fuq it-Traffikar ta’

Persuni; u

() id-delitti msemmija fl-artikoli 91, 95, 96, 112 sa 121E (i-ew

artikoli inklui), 250, 311 u 313 tal-Kodii Kriminali.

3. Kull reat relatat mal-Ordinanza dwar il-Mediini Perikolui jew l-

Ordinanza dwar il-Professjoni Medika u l-Professjonijiet li gandhom x’jaqsmu

magha, inku l-attentat tal-kummissjoni ta’ dawn ir-reati.

4. Kull reat relatat mal-Att dwar l-Armi, inku l-attentat tal-kummissjoni

ta’ dawn ir-reati.

5. Kull reat relatat mal-Att dwar l-Immigrazzjoni, inku l-attentat tal-

kummissjoni ta’ dawn ir-reati.

6. Kull reat marbut ma’ theddid ta’ bombi u, jew theddida falza ta’ bombi,

gad-detriment tas-sigurtà tal-ajruport.

An applicant shall apply to the Manager for the issue of a Application for

security pass, in writing and on the prescribed form as set out in the security pass.

First Schedule.

On receipt of an application for the issuing of a security Sumbission of

pass, the Manager shall perform background checks and shall submit information

Commissioner

the relevant information to the Commissioner of Police so that a regarding

background

criminal record check is carried out with regard to the applicant.

checks.

The Manager shall issue a security pass if no adverse Issue of a

security pass.

information about the applicant is received.

A security pass shall not be issued if from the information Pending

given to the Manager it results that the applicant has pending criminal criminal

proceedings.

proceedings relating to any of the offences listed in the Second

Schedule.

If from the information given to the Manager it results that Applicant found

the applicant has been found guilty of any of the offences listed in the guilty

offences.

Second Schedule and the punishment awarded by the Court was of a

term of imprisonment of thirty months or more, then a security pass

shall not be issued.

(1) If, from the information given to the Manager, it Rehabilitation

results that the applicant has been found guilty of any of the offences periods.

listed in the Second Schedule and the punishment awarded was of a

term of imprisonment of a period between six months and thirty

months, whether or not such term of imprisonment has been

suspended for a term, then a security pass may be issued after the

lapse of ten years from the date of the final judgement regarding such

conviction.

(2) If the information given to the Manager shows that the

applicant has been found guilty of any of the offences listed in the

Second Schedule and the punishment awarded was of a term of

imprisonment of six months or less, whether or not such term of

imprisonment has been suspended for a term, then a security pass

may be issued after the lapse of seven years from the date of final

judgement regarding such conviction.

(3) If, from the information given to the Manager, it results

that the applicant has been found guilty of any of the offences listed

in the Second Schedule and the punishment prescribed did not include

a term of imprisonment, then a security pass may be issued after the

lapse of five years from the date of final judgement regarding such

conviction

Provided that the term prescribed in this sub-regulation

shall also be applicable where the applicant has been found guilty of

any of the offences listed in the Second Schedule and was placed

under a probation order, awarded a conditional discharge or had a fine

(multa) imposed upon him.

(4) If, from the information given to the Manager, it results

that the applicant has been charged with the commission of any of the

offences listed in the Second Schedule but was acquitted, then a

security pass may be issued or restored, as the case may be, from the

date of final judgement.

(5) The periods of rehabilitation referred to in sub-regulations

(1) to (3) shall be halved in the case of applicants who are minors

within the meaning of these regulations.

Where the Manager, after receiving all the necessary

information, is of the opinion that an applicant does not satisfy the

provisions of these regulations and that a security pass should not be

issued to a particular applicant, he shall inform the applicant about

this decision, in writing, indicating the reasons for such refusal

Provided that where the applicant does not successfully

meet the requirements of these regulations, the Manager may

forthwith cease from further processing the application in terms of

any other applicable law.

The applicant shall have a right of appeal to the

Administrative Review Tribunal, against the decision of the Manager

refusing the issue of a security pass, within twenty days from the

notification of the refusal; an appeal against this decision shall be

limited to one or both of the following grounds

-

that the offence in question is not one of the offences

listed in the Second Schedule; and, or

-

that the period of rehabilitation provided for in

regulation 8 has elapsed.

(1) All security pass holders may be subjected by the Background

Manager to background checks, in accordance with regulation 4, at checks.

specific intervals not exceeding five years.

(2) The security pass shall be withdrawn when the Manager,

on the basis of information received by him, is of the opinion that the

security pass holder does not satisfy any longer the conditions of

these regulations.

(3) The Manager shall inform in writing the security pass

holder about this failure and the term for appeal provided for in

regulation 10 shall commence to run from the date of communication

of this notice to the security pass holder.

Unless otherwise withdrawn or returned back, a security Validity of

pass shall be valid for a period of five years, after which it may be security pass.

renewed by the Manager

Provided that the Manager shall only renew a security pass

if he is of the opinion that that applicant satisfies the provisions of

these regulations.