xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 2 TO THIS ORDERPROVISIONS OF THE AVIATION SECURITY ACT 1982 AS ADAPTED AND MODIFIED WHICH ARE EXTENDED TO ALL THE TERRITORIES SPECIFIED IN SCHEDULE 1

PART II OF THE AVIATION SECURITY ACT 1982PROTECTION OF AIRCRAFT, AERODROMES AND AIR NAVIGATION INSTALLATIONS AGAINST ACTS OF VIOLENCE

Powers of Governor

Power for Governor to require information

11.—(1) The Governor may, by notice in writing served on any person who—

(a)is the operator of one or more aircraft registered or operating in the Territory,

(b)is the manager of an aerodrome in the Territory,

(c)occupies any land forming part of an aerodrome in the Territory, or

(d)is permitted to have access to a restricted zone of an aerodrome for the purposes of the activities of a business carried on by him,

require that person to provide the Governor with such information specified in the notice as the Governor may require in connection with the exercise by the Governor of his functions under this Part of this Act.

(2) A notice under subsection (1) above shall specify a date (not being earlier than seven days from the date on which the notice is served) before which the information required by the notice in accordance with subsection (1) above is to be furnished to the Governor.

(3) Any such notice may also require the person on whom it is served, after he has furnished to the Governor the information required by the notice in accordance with subsection (1) above, to inform the Governor if at any time the information previously furnished to the Governor (including any information furnished in pursuance of a requirement imposed by virtue of this subsection) is rendered inaccurate by any change of circumstances (including the taking of any further measures for purposes to which this Part of this Act applies or the alteration or discontinuance of any measures already being taken).

(4) In so far as such a notice requires further information to be furnished to the Governor in accordance with subsection (3) above, 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 change of circumstances occurs as is specified in the notice for the purposes of this subsection.

(5) Any person who—

(a)without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this section, 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 liable on conviction to a fine or to imprisonment for a term not exceeding two years or to both.

(6) A notice served on a person under subsection (1) above may at any time—

(a)be revoked by a notice in writing served on him by the Governor, or

(b)be varied by a further notice under subsection (1) above.

Designation of restricted zones

11A.—(1) The Governor may, after consulting the manager of an aerodrome and the authority responsible for any air navigation installation, designate the whole or any part of any aerodrome as a restricted zone for the purposes of this Part of this Act.

(3) Where the Governor proposes to designate a restricted zone, he may require the manager of the aerodrome to provide him with such plans of the aerodrome as he may specify.

(7) The whole or any part of an aerodrome may be designated as a restricted zone, or part of a restricted zone, for specified days or times of day only.

(8) The Governor shall give notice of any designation under this section to—

(a)the manager of the aerodrome, and

(b)the authority responsible for any air navigation installation which forms part of the aerodrome,

and the designation of the restricted zone shall take effect on the giving of the notice.

(9) In relation to an air navigation installation in the Territory which does not form part of an aerodrome, this section has effect as if any reference to an aerodrome were a reference to such an air navigation installation and any reference to the manager of an aerodrome were a reference to the authority responsible for such an air navigation installation.

(10) Where the whole or any part of an aerodrome has been designated under this section as a restricted zone—

(a)the foregoing subsections also have effect in relation to any variation of the designation, and

(b)the designation may at any time be revoked by the Governor.

Power to impose restrictions in relation to aircraft

12.—(1) For purposes to which this Part of this Act applies, the Governor may give a direction in writing to the operator of any one or more aircraft registered or operating in the Territory, or to the manager of any aerodrome in the Territory 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 police 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 police officers or by other persons of a description so specified.

(5) Subject to the following provisions of this Part of this Act, a direction given to an operator of aircraft under subsection (1) above may be given so as to relate—

(a)either to all the aircraft registered or operating in the Territory of which at the time when the direction is given or at any subsequent time he is the operator or only to one or more such aircraft, 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.

(6) Subject to the following provisions of this Part of this Act, a direction given to the manager of an aerodrome under subsection (1) above 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 aerodrome, 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.

(7) Subject to the following provisions of this Part of this Act, any direction given under this section to any person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.

(8) A direction may be given under this section to a person appearing to the Governor to be about to become—

(a)such an operator as is mentioned in subsection (1) above; or

(b)such a manager as is mentioned in subsection (1) above;

but a direction given to a person by virtue of this subsection shall not take effect until he becomes such an operator or manager, and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.

(9) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a term not exceeding two years or to both.

(10) Where a person is convicted of an offence under subsection (9) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on conviction to a daily fine for each day on which the failure continues.

Power to require aerodrome managers to promote searches at aerodromes

13.—(1) For purposes to which this Part of this Act applies, the Governor may give a direction in writing to the manager of any aerodrome in the Territory requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by police officers or by other persons of a description specified in the direction.

(2) The searches to which this section applies, in relation to an aerodrome, are searches—

(a)of the aerodrome 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 aerodrome; and

(c)of persons or property (other than aircraft) which may at any such time be in any part of the aerodrome.

(3) Without prejudice to section 7 of this Act, where a direction given under this section to the manager of an aerodrome is for the time being in force, then if a police officer, or any other person specified in the direction in accordance with this section, has reasonable cause to suspect that an article to which section 4 of this Act applies is in, or may be brought into, any part of the aerodrome, he may, by virtue of this subsection and without a warrant, search any part of the aerodrome 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 aerodrome, and for that purpose—

(a)may enter any building or works in the aerodrome, or enter upon any land in the aerodrome, 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)without reasonable excuse fails to comply with a direction given to him under this section, or

(b)intentionally obstructs a person in the exercise of a power conferred on him by subsection (3) above,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a term not exceeding two years or to both.

(4A) Where a person is convicted of an offence under subsection (4)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction he shall be guilty of a further offence and liable on conviction to a daily fine for each day on which the failure continues.

(5) Subsection (3) above shall have effect without prejudice to the operation in relation to any offence under this Act of any enactment or rule of law relating to the power of arrest without warrant.

Power to require other persons to promote searches

13A.—(1) For the purposes to which this Part of this Act applies, the Governor may give a direction in writing to any person (other than the manager of an aerodrome) who—

(a)occupies any land forming part of an aerodrome in the Territory, or

(b)is permitted to have access to a restricted zone of such an aerodrome for the purposes of the activities of a business carried on by him,

requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by police officers or by other persons of a description specified in the direction.

(2) The searches to which this section applies are—

(a)in relation to a person falling within subsection (1)(a) above, searches—

(i)of the land which he occupies within the aerodrome, and

(ii)of persons or property which may at any time be on that land; and

(b)in relation to a person falling within subsection (1)(b) above, searches—

(i)of any land which he occupies outside the aerodrome for the purposes of his business, and

(ii)of persons or property which may at any time be on that land.

(3) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a term not exceeding two years, or to both.

(4) Where a person is convicted of an offence under subsection (3) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on conviction to a daily fine for each day on which the failure continues.

General power to direct measures to be taken for purposes to which Part II applies

14.—(1) Subsection (1A) below applies to any person who—

(a)is the operator of one or more aircraft registered or operating in the Territory,

(b)is the manager of an aerodrome in the Territory,

(c)occupies any land forming part of an aerodrome in the Territory, or

(d)is permitted to have access to a restricted zone of such an aerodrome for the purposes of the activities of a business carried on by him.

(1A) Subject to the following provisions of this section, the Governor may give a direction in writing to any person to whom this subsection applies requiring him to take such measures for purposes to which this Part of this Act applies as are specified in the direction—

(a)in the case of a direction given to a person as the operator of any aircraft, in respect of all the aircraft registered or operating in the Territory of which (at the time when the direction is given or at any subsequent time) he is the operator, or in respect of any such aircraft, or any class of such aircraft, specified in the direction;

(b)in the case of a direction given to a person as the manager of an aerodrome, in respect of that aerodrome;

(c)in the case of a direction given to a person as a person occupying any land forming part of an aerodrome, in respect of any such land as is specified in the direction; and

(d)in the case of a direction given to a person as a person who is permitted to have access to a restricted zone as mentioned in subsection (1)(d) above, in respect of such activities carried on by that person in that zone as are specified in the direction.

(2) Without prejudice to the generality of subsection (1A) above, the measures to be specified in a direction given under this section to any person to whom that subsection applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)—

(a)where the direction is given to a person as the operator of aircraft, of guarding the aircraft against acts of violence;

(b)where the direction is given to a person as the manager of an aerodrome, of guarding the aerodrome, or persons or property (including aircraft) in any part of the aerodrome, against acts of violence;

(c)where the direction is given to a person as falling within subsection (1)(c) above, of guarding against acts of violence any aircraft in the aerodrome which is for the time being under his control; or

(d)where the direction is given to a person as falling within subsection (1)(d) above, of guarding—

(i)any land outside the aerodrome occupied by him for the purposes of his business, any vehicles or equipment used for those purposes and any goods which are in his possession for those purposes, and

(ii)any aircraft which is for the time being under his control,

for purposes to which this Part of this Act applies.

(3) A direction given under this section may be either of a general or of a specific character, and may require any measures specified in the direction to be taken at such time or within such period as may be so specified.

(5) A direction under this section—

(a)shall not require any search (whether of persons or of property), and

(b)shall not require the modification or alteration of any aircraft, or of any of its apparatus or equipment, or the installation of additional apparatus or equipment, or prohibit any aircraft from being caused or permitted to fly without some modification or alteration of the aircraft or its apparatus or equipment or the installation of additional apparatus or equipment.

(6) A direction may be given under this section to a person appearing to the Governor to be about to become a person to whom subsection (1A) above applies, but a direction given to a person by virtue of this subsection shall not take effect until he becomes such a person, and, in relation to a direction so given, the preceding provisions of this section shall apply with the necessary modifications.

(7) Any person—

(a)who, without reasonable excuse, fails to comply with a direction given to him under this section, or

(b)intentionally interferes with any building constructed or works executed on any land in compliance with a direction under this section or with anything installed on, under, over or across any land in compliance with such a direction,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a term not exceeding two years or to both.

(7A) Where a person is convicted of an offence under subsection (7)(a) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on conviction to a daily fine for each day on which the failure continues.

(8) The ownership of any property shall not be affected by reason only that it is placed on or under, or affixed to, any land in compliance with a direction under this section.