AVIATION SECURITY (BACKGROUND CHECKS) REGULATIONS

AVIATION SECURITY (BACKGROUND CHECKS)

SUBSIDIARY LEGISLATION 405.04

AVIATION SECURITY (BACKGROUND CHECKS)

REGULATIONS

20th December, 2011

LEGAL NOTICE 488 of 2011, as amended by Legal Notices 454 of 2012

and 27 of 2014.

The title of these regulations is the Airport Security

(Background Checks) Regulations.

(Regulation 3)

Form of application for the issue of a security pass

AVIATION SECURITY (BACKGROUND CHECKS)

AVIATION SECURITY (BACKGROUND CHECKS)

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.

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

asecurity pass before; or

-

a person who has held a security pass in the past

butwhich has expired; or

-

a person who has held a security pass in the past

butwhich was withdrawn or returned back; or

-

an employer of the person for whom a security passis

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

AVIATION SECURITY (BACKGROUND CHECKS)

Manager but does not include temporary authorization.

(Regolamenti 6 u 7)

Reati li gflalihom japplikaw dawn ir-regolamenti

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

Avjazzjoni Ċivili, inkluż l-attentat tal-kummissjoni ta’ dawn ir-reati.

2. Id-delitti li ġejjin imsemmija fil-Kodiċi Kriminali, inkluż 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-Kodiċi Kriminali - Fuq Atti ta’ Terroriżmu, Finanzjar

ta’ Terroriżmu u Reati Anċillari;

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

Ewwel Ktieb tal-Kodiċi Kriminali - Fuq l-Omiċidju Volontarju;

(ċ) id-delitti msemmija fis-Sub-titolu II tat-Titolu VIII tat-Taqsima II tal-

Ewwel Ktieb tal-Kodiċi Kriminali - Fuq l-Offiżi Volontarji fuq il-

Persuna;

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

Kodiċi Kriminali - Fuq id-Delitti kontra l-Fiduċja Pubblika;

(e) id-delitti msemmija fis-Sub-titoli I, II, u III tat-Titolu IX tat-Taqsima II

tal-Ewwel Ktieb tal-Kodiċi 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-Kodiċi Kriminali - Fuq it-Traffikar ta’ Persuni; u

(g) id-delitti msemmija fl-artikoli 91, 95, 96, 112 sa 121E (iż-żewġ artikoli

inklużi), 250, 311 u 313 tal-Kodiċi Kriminali.

3. Kull reat relatat mal-Ordinanza dwar il-Mediċini Perikolużi jew l-

Ordinanza dwar il-Professjoni Medika u l-Professjonijiet li għandhom x’jaqsmu

magħha, inkuż l-attentat tal-kummissjoni ta’ dawn ir-reati.

4. Kull reat relatat mal-Att dwar l-Armi, inkuż l-attentat tal-kummissjoni ta’

dawn ir-reati.

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

kummissjoni ta’ dawn ir-reati.

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

għad-detriment tas-sigurtà tal-ajruport.

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

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

First Schedule.

On receipt of an application for the issuing of a security

pass, the Manager shall perform background checks and shall

submit the relevant information to the Commissioner of Police so

that a criminal record check is carried out with regard to the

applicant.

The Manager shall issue a security pass if no adverse

information about the applicant is received.

A security pass shall not be issued if from the information

given to the Manager it results that the applicant has pending

criminal proceedings relating to any of the offences listed in the

Second Schedule

Provided that the Manager shall have the discretion not to

withdraw a security pass pending criminal proceedings, if he is of the

opinion that such offence or offences do not impinge on the integrity

of the applicant in the exercise of his duties.

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 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 results

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 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

theapplicant 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 but the punishment prescribed did not include a term

of imprisonment, then a security pass may be issued from the date of

final judgment regarding such conviction.

(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 from the date of final judgement.

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

(1) and (2) shall be halved in the case of applicants who are minors

AVIATION SECURITY (BACKGROUND CHECKS)

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

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

specific intervals not exceeding five years.

(2) The security pass shall be withdrawn if, from the

information given to the Manager, it results that the security pass

holder has pending criminal proceedings relating to any of the

offences listed in the Second Schedule

Provided that the Manager shall have the discretion not to

withdraw a security pass pending criminal proceedings, if he is of the

opinion that such offence or offences do not impinge on the integrity

of the security pass holder in the exercise of his duties.

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

security pass holder has been found guilty of any of the offences listed

in the Second Schedule and the punishment awarded by the Court was

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

pass shall be irretrievably withdrawn.

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

results that the security pass holder has been found guilty of any of

the offences listed in the Second Schedule and the punishment

awarded was of a term of imprisonment for a period between six

months and thirty months, whether or not such term of

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

shall be withdrawn and a security pass may be issued after the lapse

of ten years from the date of the final judgment regarding such

conviction.

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

security pass holder has been found guilty of any of the offences

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

AVIATION SECURITY (BACKGROUND CHECKS)

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

term of imprisonment has been suspended for a term, then the

security pass shall be withdrawn and a security pass may be issued

after the lapse of seven years from the date of the final judgment

regarding such conviction.

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

the security pass holder has been found guilty of any of the

offences listed in the Second Schedule but the punishment

prescribed did not include a term of imprisonment then the security

pass may be issued from the date of final judgment regarding such

conviction.

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

the security pass holder has been charged with the commission of

any of the offences listed in the Second Schedule but was acquitted,

then the security pass may be issued from the date of final

judgment.

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

(1) and (2) shall be halved in the case of security pass holders who

are minors within the meaning of these regulations.

The Manager shall inform the security pass holder in

writing about the withdrawal mentioned in regulations 11 and 11A.

The security pass holder shall have a right of appeal to the

Administrative Review Tribunal, against the withdrawal of the

security pass, within twenty days from the date of notification of

the withdrawal; an appeal against the withdrawal of a security pass

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 11A has elapsed.

Unless otherwise withdrawn or returned back, a security

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

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.

AVIATION SECURITY (BACKGROUND CHECKS)