AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  1
CHAPTER 405
AIRPORTS AND CIVIL AVIATION (SECURITY) ACT
To give effect to certain enactments relating to aviation security.
(21st July, 1998) *
ENACTED by ACT XX of 1998.
ARRANGEMENT OF ACT
* See  Government Notice No. 560 of 21st July, 1998.
Sections
Part I. Preliminary 1-2
Part II. Regulation of Aviation Security 3-6
Part III. Protection of Aircraft, Airports and Air Navigation
Installations against Acts of Violence 7-24
Part IV. Offences against the Safety of Aircraft, etc. 25-27
Part V. Policing of Airports 28-29
  2  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
PART I
PRELIMINARY
Short title. l. This Act may be cited as the Airports and Civil Aviation
(Security) Act.
Interpretation. 2. 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;
"air navigation installation" means any building, works,
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
Manager Airport Security, or authorised by the Manager Airport
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;
Cap. 9.
"explosive" has the same meaning as in section 314 of the
Criminal Code;
Cap. 66. "firearm" has the same meaning as in the Arms Ordinance;
Cap. 217.
"immigration officer" means the Principal Immigration Officer
as defined in section 2 of the Immigration Act acting under such
authority;
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  3
Cap. 232.
"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 section 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 cargo terminal, and of the airside
operations;
"Manager Airport Security" is 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
purposes of these regulations of this Act;
"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;
Cap. 232.
"operator" in relation to any aircraft at any time has the same
meaning as in the Civil Aviation Act;
"motor vehicle" means any type of vehicle propelled by
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;
Cap. 164.
Police Ordinance;
"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 Manager Airport Security and
which may be as may be prescribed by regulations made under this
Act.
PART II
REGULATION OF AVIATION SECURITY
Regulations and 
orders.
3. (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;
  4  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
( 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 Manager Airport 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.
(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.
Power for Minister 
to require 
information.
4. (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 subsection (1) of this section 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 subsection (1) of this section 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 subsection (1) of this
section, 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 section;
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  5
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 subsection or
in paragraph ( a ) of this subsection are discontinued.
(4) In so far as such a notice requires further information to be
furnished to the Minister in accordance with subsection (3) of this
section, 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 subsection, 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 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 shall, on conviction, be liable to a
fine ( multa ) not exceeding one thousand liri 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 subsection (1) of this
section may at any time be revoked by a further notice served on
him by the Minister.
Aviation Security 
Committee.
5. (1) There shall be established a committee to be designated
the Aviation Security Committee (hereinafter in this section 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 -
  6  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
( 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 Manager Airport 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 section 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 Manager Airport 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.
Detention of 
aircraft.
6. 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.
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  7
PART III
PROTECTION OF AIRCRAFT, AIRPORTS AND AIR 
NAVIGATION INSTALLATIONS AGAINST 
ACTS OF VIOLENCE
Purposes to which 
Part III applies.
7. (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,
Cap. 9.
the offences under sections 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.
Endangering safety 
at airports.
8. (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 subsection (4) of this section, 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 subsection (4) of this section,
subsections (1) and (2) of this section apply whether any such act
  8  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
as is referred to in those subsections is committed in Malta or
elsewhere and whatever the nationality of the person committing
the act.
(4) Sub-paragraph (ii) of paragraph ( a ) of subsection (2) of this
section 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 section 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 section shall not be
instituted in Malta except with the consent of the Attorney General.
False statements 
relating to 
baggage, cargo, 
etc.
9. (1) Subject to subsection (3) of this section, 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 subsection
(2) of this section;
(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.
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  9
(2) The persons referred to in paragraph ( b ) of subsection (1) of
this section 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 subsection (1) of this
section shall be liable, on conviction, to a fine ( multa ) not
exceeding two thousand liri or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.
(4) In this section -
"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.
False statements in 
connection with 
identity 
documents.
10. (1) Subject to subsection (4) of this section, 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 subsection 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 subsection (3) of this
section, 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) Subsection (1) of this section applies to any identity
document which is to be or has been issued by any of the persons
specified in subsection (3) of this section in accordance with
arrangements the maintenance of which is required by a direction
given by the Minister.
(3) The persons referred to in subsection (1) of this section
are:
( a ) the Manager Airport Security;
( b ) the manager of an airport in Malta;
( c ) the authority responsible for an air navigation
installation in Malta;
  10  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
( 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 subsection (1) of this
section shall be liable, on conviction, to a fine ( multa ) not
exceeding two thousand liri or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.
Unauthorised 
presence in 
restricted area.
11. (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 Manager Airport
Security, and the authority responsible for the air
navigation installation or a person acting on behalf of
that manager 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 Manager Airport Security, or
the authority responsible for the air navigation
installation or a person acting on behalf of that
Manager or authority:
Provided that the Manager Airport 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) Paragraph ( a ) of subsection (1) of this section 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.
 Access to 
restricted areas.
12. (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 Manager Airport 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 Manager
Airport Security:
Provided further that the Manager Airport 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.
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  11
(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 Manager Airport Security may deem expedient. Any such
security pass or written authorisation shall be returned to the
Manager Airport 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 Manager Airport 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 section
shall return it to the Manager Airport 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 Manager Airport Security, and the
person employing such employee shall immediately inform the
Manager Airport Security of the cessation, for any cause, of such
employment.
Motor vehicles to 
have authorisation 
for restricted areas.
13. (1) No motor vehicle shall enter or be driven in a
restricted area without the written authorisation of the Manager
Airport Security, and under such conditions as may be specified
therein:
Provided that the Manager Airport 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.
L.N. 176 of 1990.
(3) Motor vehicles driven in a restricted area shall comply with
the Air Navigation Order 1990, or any Order amending or
substituting the same.
Persons and motor 
vehicles to comply 
with conditions of 
security pass.
14. (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 subsection
(1) of this section may be removed from a restricted area by any
authorised officer without prejudice to any criminal proceedings
which may be instituted against him.
Weapons and 
explosives 
prohibited in 
restricted area.
15. 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 Manager Airport Security:
  12  CAP. 405. ]   AIRPORTS AND CIVIL 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.
Special powers of 
the Manager 
Airport Security.
16. The Manager Airport 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.
Offences relating 
to sections 11 to 
14.
17. (1) Any person who contravenes the provisions of
subsection (1) of section 11, subsection (1) or (4) of section 12,
subsection (1) of section 13 or subsection (1) of section 14 of this
Act shall be guilty of an offence and, on conviction, shall be liable
to a fine ( multa ) of not less than one thousand liri and not
exceeding three thousand liri, 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 subsection
(3) of section 12 or of subsection (2) of section 13 of this Act shall
be guilty of an offence and, on conviction, shall be liable to a fine
( multa ) not exceeding five hundred liri.
(3) Any person who contravenes the provisions of section 15 of
this Act shall be guilty of an offence, and, on conviction, shall be
liable to a fine ( multa ) of not less than four thousand liri but not
exceeding eight thousand liri, 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 section 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.
Unauthorised 
presence on board 
aircraft.
18. (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 subsection (1) of this section
shall be guilty of an offence and liable, on conviction, to a fine
( multa ) not exceeding one thousand liri, or imprisonment for a term
not exceeding two years or to both such fine and imprisonment.
Obstruction of 
authorised persons.
19. (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.
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  13
(2) A person guilty of an offence under paragraph ( a ) of
subsection (1) of this section shall be liable to a fine ( multa ) not
exceeding one thousand five hundred liri, 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 paragraph ( b ) of
subsection (1) of this section shall be liable, on conviction, to a fine
not exceeding one thousand liri, or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.
Air cargo agents.
purposes to which this Part of this Act applies, in relation to
persons (in this section 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 section 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 ) of this sub-
section) 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 section -
"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.
  14  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
Power to impose 
restrictions in 
relation to aircraft.
21. (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 Manager Airport
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 Manager Airport Security or to the manager
of an airport under subsection (1) of this section 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 section shall be guilty of an offence and
shall be liable, on conviction, to a fine ( multa ) not exceeding one
thousand liri, or to imprisonment for a term not exceeding two
years or to both such fine and imprisonment.
Power to require 
airport managers to 
promote searches 
at airport.
22. (1) For the purposes of this Part of this Act, the Minister
may give a direction in writing to the Manager Airport Security or
to the manager of any airport in Malta requiring him to secure that
such searches to which this section 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 section 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.
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  15
(3) Where a direction given under this section 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 section,
has reasonable cause to suspect that an article to which section 28
of this Act applies is in, or may be brought into, any part of the
airport, he may, by virtue of this subsection 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 section; or
( b ) wilfully obstructs or impedes a person acting in the
exercise of a power conferred on him by subsection (3)
of this section, shall be guilty of an offence and shall
be liable, on conviction, to a fine ( multa ) not
exceeding one thousand liri, or to imprisonment for a
term not exceeding two years or to both such fine and
imprisonment.
Inspection of 
aircraft and 
airports.
23. (1) Any person authorised in writing by the Minister (in
this section 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 subsection (1) of this section 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 subsection (4) of this section, an authorised
person, for the purpose of exercising any power conferred on him
by the preceding provisions of this section in relation to an aircraft
or in relation to an airport, shall have power -
  16  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
( 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 subsection (3) of this section 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
section; or
( b ) refuses or, without reasonable excuse, fails to comply
with a requirement imposed on him under, paragraph
( b ) of subsection (2) of this section; 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 one thousand liri, or to imprisonment for a term
not exceeding two years or to both such fine and imprisonment.
Application of 
provisions of Parts 
II and III to air 
navigation 
installations.
24. (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 section.
(2) In relation to any such air navigation installation which
does not form part of an airport, those sections shall have effect,
subject to subsection (5) of this section, 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 sections shall have effect, subject to subsection (5)
of this section, 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 section 4 of this Act or a direction
under section 22 or 23 of this Act 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 section 4 or 22 of this Act as modified by
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  17
subsection (3) of this section, 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 sections 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) Subsections (2) and (3) of this section shall not apply to
subsection (3) of section 22 of this Act; but where a direction given
under section 22 of this Act, as applied or modified by the
preceding provisions of this section, 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 section 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 subsection (3) of section 22 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.
Offences in 
relation to certain 
dangerous articles.
25. (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 section 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 section 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
  18  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
( 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 section 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 section 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 subsection) 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.
Cap. 9.
(4) Any person who contravenes any of the provisions of this
section shall be guilty of an offence and shall be liable, on
conviction, to a fine not exceeding two thousand liri, 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 paragraph ( b ) of subsection (1) of this section
the person found so guilty shall be liable to the punishments
prescribed in section 313 of the Criminal Code.
(5) Nothing in subsection (3) of this section shall be construed
as limiting the circumstances in which a person would, apart from
that subsection, be regarded as having an article with him as
mentioned in subsection (1) of this section.
Powers exercisable 
on suspicion of 
intended offence 
under Part IV.
26. (1) Where the Manager Airport 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 Manager Airport Security
may prohibit him from travelling on board the aircraft, and for the
purpose of enforcing that prohibition the Manager Airport
AIRPORTS AND CIVIL AVIATION (SECURITY)  [ CAP. 405.  19
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 subsection
(1) of this section shall be guilty of an offence and shall be liable,
on conviction, to a fine not exceeding one thousand five hundred
liri, or to imprisonment for a term not exceeding two years, or to
both such fine and imprisonment.
Prosecution of 
offences and 
proceedings.
27. 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
Designated 
airports.
28. (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 subsection (1) of this section
in relation to any airport, the Minister shall consult the Minister
responsible for Civil Aviation, the Manager Airport Security and
the members of the Airport Security Committee.
(3) The power to make an order under subsection (1) of this
section shall be exercisable by Legal Notice:
Provided that any order which has not been consented to by
the authorities mentioned in subsection (2) of this section shall be
laid before Parliament in draft and shall not be made unless the
draft is approved by resolution of the House of Representatives.
Prevention of theft 
at designated 
airports.
29. (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
  20  CAP. 405. ]   AIRPORTS AND CIVIL AVIATION (SECURITY) 
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 paragraph ( b ) of
subsection (1) of this section -
( 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 section "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 section "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 section.
