Civil Aviation (Amendment) Bill, 2023

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2023

ANTIGUA AND BARBUDA

CIVIL AVIATION (AMENDMENT) BILL, 2023

No. of 2023

Civil Aviation (Amendment) Bill, 2023 2 No. of 2023

No. of 2023 3 Civil Aviation (Amendment) Bill, 2023

ANTIGUA AND BARBUDA

CIVIL AVIATION (AMENDMENT) BILL, 2023

ARRANGEMENT OF SECTIONS

SECTIONS

1. Short title .................................................................................................................................. 5

2. Interpretation ............................................................................................................................ 5

3. Amendment of section 2 - Interpretation ................................................................................. 5

4. Amendment of section 4 (Functions of the Minister) .............................................................. 6

5. Amendment of section 6 (Aerodromes and airports) ............................................................... 6

6. Amendment of section 7 (Ministerial Orders and directions) .................................................. 6

7. Amendment of section 10 (Appointment of Director-General Civil Aviation) ....................... 6

8. Amendment of section 11 (Director-General may issue directives) ........................................ 7

9. Amendment of section 13 ........................................................................................................ 8

10. Amendment of section 31 (Authority to appoint investigator-in-charge) ................................ 8

11. Amendment of section 32 (Powers to investigate) ................................................................... 8

12. Amendment of section 33 (Recordings) ................................................................................... 9

13. Amendment of section 38 (Suspension for contravention) .................................................... 10

14. Amendment of section 40 (Prohibitions, offences and punishment) ...................................... 10

15. Repeal and substitution of section 46 (Power to enter, inspect, seize and detain) ................. 10

Civil Aviation (Amendment) Bill, 2023 4 No. of 2023

16. Amendment of section 49 (Regulations respecting civil aviation) ......................................... 13

17. Amendment of section 50 (Regulations imposing charges) ................................................... 17

18. Amendment of section 51 (Penalty notice offence) ............................................................... 17

19. Amendment of section 52 (Regulations for miscellaneous matters) ...................................... 17

20. Amendment of section 53 (Reporting of occurrences) ........................................................... 18

21. Repeal of section 54 (Exemptions by regulation) .................................................................. 18

22. Repeal of section 55 (Exemptions in public interest) ............................................................. 18

No. of 2023 5 Civil Aviation (Amendment) Bill, 2023

ANTIGUA AND BARBUDA

CIVIL AVIATION (AMENDMENT) ACT

No. of 2023

AN ACT to amend the Civil Aviation Act, No 25 of 2003.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title

This Act may be cited as Civil Aviation (Amendment) Act, 2023.

2. Interpretation

In this Act—

“principal Act” means the Civil Aviation Act 2003, No. 25 of 2003.

3. Amendment of section 2 - Interpretation

Section 2 of the principal Act is amended by inserting the following definitions in the appropriate

alphabetical position—

“ “State Safety Programme” means an integrated set of regulations and activities aimed at

improving safety that assists in managing aviation safety performance;

“unlawful interference” means an act or attempted act to jeopardize the safety of civil aviation

and air transport, including—

(a) unlawful seizure of aircraft in flight,

(b) unlawful seizure of aircraft on the ground,

(d) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility,

Civil Aviation (Amendment) Bill, 2023 6 No. of 2023

(e) introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes, or

(f) communication of false information such as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general

public, at an airport or on the premises of a civil aviation facility;. ”.

4. Amendment of section 4 (Functions of the Minister)

Section 4 of the principal Act is amended—

(a) in the chapeau by deleting the words “The Minister” at the beginning and substituting

the words “Subject to sections 10, 11 and 49, the Minister”;

(b) in paragraph (g) by inserting a comma and the word “health” immediately after the

word “immigration”.

5. Amendment of section 6 (Aerodromes and airports)

Section 6(1) of the principal Act is amended—

(a) in paragraph (c) by inserting the words “and security” immediately after the word

“safety”;

(b) in paragraph (e) by inserting the words “and security” immediately after the word

“safety”.

6. Amendment of section 7 (Ministerial Orders and directions)

Section 7(2)(a) of the principal Act is amended by inserting the words “and secure” immediately

after the word “safe”.

7. Amendment of section 10 (Appointment of Director-General Civil Aviation)

Section 10 of the principal Act is amended—

(a) in subsection (6)(c) – (i) by deleting the words “the provision of safety services” in the chapeau and

substituting “regulating civil aviation safety and security”;

(ii) by deleting paragraph- “(d) be responsible for the approval of aviation security programmes;”;

(b) in subsection (6)(g) by—

No. of 2023 7 Civil Aviation (Amendment) Bill, 2023

(i) deleting the word “advise” and substituting the word “inform”; (ii) inserting the words “by the Director General” immediately after the words

“to be made”; and

(iii) inserting the subsection designation “(1)” after the number “49”;

(d) in subsection (6) by inserting the following new paragraph (h) immediately after

paragraph (g)—

“(h) develop and establish a State Safety Programme within Antigua and Barbuda

to improve aviation safety oversight and practices;”;

(e) by inserting a new subsection (7) immediately following subsection (6) as follows—

“(7) In exercising any powers or discharging any functions in relation to—

(a) the granting, suspension or revocation of civil aviation documents;

(b) the issue, suspension or revocation of medical certificates;

(d) the granting of recognition of a foreign medical assessment or certificate used in a foreign country;

(e) the granting of exemptions or deviations or waivers;

(f) the enforcement of this Act, regulations made by the Director General hereunder or any other law relating to aviation

safety, or to aviation security,

the Director General shall act independently and shall not be subject to any

influence or directive from any person or authority.”.

8. Amendment of section 11 (Director-General may issue directives)

Section 11 of the principal Act is amended—

(a) in subsection (1) by-

(i) inserting the words “or security” immediately after the words “on

reasonable grounds that safety”,

(ii) inserting the words “or security” immediately after the words “in respect

of the safety”;

Civil Aviation (Amendment) Bill, 2023 8 No. of 2023

(b) in subsection (2) by deleting the words “Minister specifies by regulation” and

substituting the words “Director General may specify”.

9. Amendment of section 13 (Director General may delegate functions)

Section 13(2) of the principal Act is amended by inserting the words “and Part IX” immediately

after the words “Part VIII”.

10. Amendment of section 31 (Authority to appoint investigator-in-charge)

Section 31 of the principal Act is amended by deleting subsection (1) and substituting the

following—

“(1) Where the Minister determines that it is necessary to investigate an aviation

occurrence, the Minister shall—

(a) appoint an investigator-in-charge, who shall have the duties set out in

subsection (2); or

(b) delegate the whole or any part of the conducting of such investigation to

another State or a regional accident and incident investigation

organisation by mutual arrangement and consent.”

11. Amendment of section 32 (Powers to investigate)

Section 32 of the principal Act is amended by—

(a) inserting immediately after subsection (1) the following new subsection—

“(1A) In particular, the investigator-in-charge—

(a) has unhampered access and control over-

(i) the scene of the accident in order, for

example, to protect the aircraft or wreckage

as well as the accident site against access by

unauthorized persons, pilfering or

deterioration;

(ii) all relevant material and evidence, including

flight recorders and air traffic service (ATS)

records;

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(b) has the authority to-

(i) carry out detailed examination of relevant material

and evidence without delay;

(ii) conduct interviews with witnesses and others

who can contribute to the investigation. ”

(b) deleting the words “ICAO Annex 13 (Aircraft Accident Investigation)” in

subsection (2) and substituting the words “Annex 13 of the Chicago Convention for

conducting aircraft accident and incident investigations”.

12. Amendment of section 33 (Recordings)

Section 33 of the principal act is amended by—

(a) deleting the section heading “Recordings” and substituting the new heading

“Protection of investigation records”;

(b) deleting subsection (1) and substituting the following—

“(1) The following records that relate to an aviation occurrence being investigated

under this Act shall not be disclosed to the public or for purposes other than

accident or incident investigation, unless ordered by the court-

(a) cockpit voice recorder (CVR) recordings and airborne image recordings;

(b) while in custody or control of the investigation authority-

(i) records from interviews with persons by the investigation

authorities in the course of the investigation,

(ii) communications between persons having been involved in the

operation of the aircraft,

(iii) medical or private information regarding persons involved in the

accident or incident,

(iv) recordings and transcripts of recordings from air traffic control

units,

(v) analysis of and opinions about information (including flight

recorder information) made by the accident investigation

authority and accredited representatives in relation to the

accident or incident, and

(vi) the draft Final Report of an accident or incident investigation. ”

Civil Aviation (Amendment) Bill, 2023 10 No. of 2023

13. Amendment of section 38 (Suspension for contravention)

Section 38 (4) of the principal act is amended in the chapeau by deleting the words “Minister may

by regulation prescribe” and substituting the words “Director-General may prescribe”.

14. Amendment of section 40 (Prohibitions, offences and punishment)

Section 40 of the principal Act is amended—

(a) in subsection (1) by inserting the following new paragraph (ja) immediately after

paragraph (j)-

“(ja) willfully commit or attempt to commit any act of unlawful

interference that jeopardizes the safety or security of civil

aviation;”;

(b) in subsection (2)((a) by deleting the words “clauses (a) to (j)” and substituting

“paragraphs (a) to (ja)”.

who is convicted of an indictable offence under this Act is liable to a fine not

exceeding thirty thousand ($30,000.00) dollars and, in the case of an offence referred

to in subsection (1), to imprisonment for a term not exceeding five years, or to both

such fine and imprisonment. (6B) A corporation that is convicted of a summary

offence under this Act is liable to a fine not exceeding one hundred and fifty thousand

($150,000.00) dollars.”.

15. Repeal and substitution of section 46 (Power to enter, inspect, seize and detain)

Section 46 of the principal Act is repealed and the following new section is substituted—

“ Powers to enter, inspect, seize and detain

46. (1) An inspector appointed pursuant to section 12 or any person delegated pursuant to

section 13, when so authorized in writing by the Director General, shall at all

reasonable times for the purposes of making inspections relating to the oversight and

enforcement of this Act or any regulations made thereunder have access to –

(a) aircraft whether or not in flight and to any place where an aircraft has landed including point of origin of any product or goods being, or to be shipped by

No. of 2023 11 Civil Aviation (Amendment) Bill, 2023

air, for the purposes of an investigation of matters concerning aviation safety

and security;

(b) aerodromes and any facility located on the aerodrome, and any land, area or premises outside the aerodrome used by businesses that operate at the

aerodrome;

(d) air operator offices and any facility related to civil aviation or any premises used for the design, manufacture, distribution, operation, maintenance or

installation of aeronautical products;

(e) hangars;

(f) approved maintenance organizations;

(g) workshops;

(h) ramps;

(i) fuel storage facilities;

(j) cargo handling areas; and

(k) aviation training organization’s facilities.

(2) An inspector appointed pursuant to section 12 or any person delegated pursuant to

section 13, when so authorized in writing by the Director General shall have access

to any civil aviation document or records including –

(a) manuals;

(b) certificates;

(d) authorizations;

(e) permits;

(f) procedures;

(g) technical files;

(h) personnel files;

(i) airport personnel and aircraft personnel licenses; and

Civil Aviation (Amendment) Bill, 2023 12 No. of 2023

(j) other civil aviation documents.

(3) In the performance of his functions as an inspector or in the performance of his

delegation, an inspector appointed pursuant to section 12 or any person delegated

pursuant to section 13, shall have the power to—

(a) interview any relevant person for the purpose of assessing the implementation of civil aviation requirements and procedures;

(b) require any entity connected with civil aviation to provide information relevant to any oversight activity or investigation;

(d) enforce corrective actions, including immediate rectification of any deficiencies, and/or apply enforcement measures for compliance with civil aviation

requirements;

(e) seize any property found by him whether in the aircraft, aerodrome, air navigation facility, hangar, approved maintenance organization, workshop, ramp, fuel

storage facility, air operator office, cargo handling area, or aviation training

organization’s facility, (but not the aircraft itself) and to subject that property to

tests; and

(f) require the holder or operator of the aircraft, or the person performing the functions

of manager of the airport, aerodrome, air navigation facility, hangar, approved

maintenance organization, workshop, ramp, fuel storage facility, air operator

office, cargo handling area, or aviation training organization’s facility, to furnish

him with such information and documents as the inspector or delegated person

considers necessary.

(4) For the purpose of the issuance of an aviation document under this Act the Director

General, or any inspector or person authorized by the Director General, shall be

granted unrestricted access by the applicant seeking the issuance of an aviation

document or by the holder of an aviation document to any place, office, hangar, ramp,

equipment, document, workshop or facility, including facilities for training,

workshops, the provision of air navigation services, maintenance, fuel storage or

cargo handling and at any time to conduct any inspection, audit or test, in order to

determine that operations are conducted in accordance with prescribed safety, security

and other recommended standards.

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(5) For the purpose of subsection (4), the term “document”, shall include manuals,

certificates, approvals, authorizations, procedures, technical files, personnel files, and

personnel licences.

16. Amendment of section 49 (Regulations respecting civil aviation)

Section 49 of the principal Act is amended-

(a) by deleting the word “Minister” in subsection (1) and substituting the words

“Director General”;

(b) by inserting the words “respecting safety and security” after the words “all aspects

of civil aviation” in subsection (1);

“(2) Without restricting the generality of the foregoing, the Director General

may make regulations respecting—

(a) requirements no less than the applicable Standards and

Recommended Practices of Annex 1 of the Chicago Convention for

licensing and supervision of personnel and for the certification and

supervision of Aviation Training Organizations;

(b) requirements no less than the applicable Standards and

Recommended Practices of Annex 2 of the Chicago Convention for

rules of the air;

Recommended Practices of Annex 3 of the Chicago Convention for

meteorology and for the certification and supervision of aviation

meteorological services providers;

(d) requirements no less than the applicable Standards and

Recommended Practices of Annex 4 of the Chicago Convention for

aeronautical charts and for the certification and supervision of

aviation aeronautical charts services providers;

(e) requirements no less than the applicable Standards and

Recommended Practices of Annex 5 of the Chicago Convention for

the units of measurements to be used in air and ground operations;

Civil Aviation (Amendment) Bill, 2023 14 No. of 2023

(f) requirements no less than the applicable Standards and

Recommended Practices of Annex 6 of the Chicago Convention for

–

(i) international commercial air transport operations – airplanes

and helicopters;

(ii) international general aviation operations -airplanes and

helicopters;

(iii) the certification and supervision of aircraft operators and the

conditions under which passengers, goods and cargo may be

carried by air; and

(iv) the certification and supervision of approved maintenance

organizations; and,

(g) requirements no less than the applicable Standards and

Recommended Practices of Annex 7 of the Chicago Convention for

the registration of civil aircraft in Antigua and Barbuda;

(h) requirements no less than the applicable Standards and

Recommended Practices of Annex 8 of the Chicago Convention for

certifying the airworthiness of civil aircraft and for adopting

international airworthiness standards for aeronautical products;

(i) requirements no less than the applicable Standards and

Recommended Practices of Annex 9 of the Chicago Convention for

securing the efficiency and regularity of the operations of air

navigation and the safety and security of aircraft and of persons and

property carried thereon and of persons and property on the ground;

(j) requirements no less than the applicable Standards and

Recommended Practices of Annex 10 of the Chicago Convention

for aeronautical telecommunication and for adopting international

standards for aeronautical telecommunication products;

(k) requirements no less than the applicable Standards and

Recommended Practices of Annex 11 of the Chicago Convention

for air traffic control, the certification and supervision of air traffic

control services providers and control of the airspace above the

territory of Antigua and Barbuda;

(l) requirements no less than the applicable Standards and

Recommended Practices of Annex 12 of the Chicago Convention

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for search and rescue operations and for search and rescue services

providers;

(m) requirements no less than the applicable Standards and

Recommended Practices of Annex 13 of the Chicago Convention

for conducting aircraft accident and incident investigations;

(n) requirements no less than the applicable Standards and

Recommended Practices of Annex 14 of the Chicago Convention

for licensing and supervision of aerodromes and heliports;

(o) requirements no less than the applicable Standards and

Recommended Practices of Annex 15 of the Chicago Convention

for aeronautical information services and the certification and

supervision of aeronautical information services providers;

(p) requirements no less than the applicable Standards and

Recommended Practices of Annex 16 of the Chicago Convention

for aircraft noise and aircraft engine emissions;

(q) requirements no less than the applicable Standards and

Recommended Practices of Annex 17 of the Chicago Convention

for aviation security, the certification and supervision of aviation

security services providers;

(r) requirements no less than the applicable Standards and

Recommended Practices of Annex 18 of the Chicago Convention

for the safe transport of dangerous goods by air, for prohibiting

the carriage by air, such goods as may be specified by the

Regulations and the certification and supervision of organizations

that undertake to transport dangerous goods by air;

(s) requirements no less than the applicable Standards and

Recommended Practices of Annex 19 of the Chicago Convention

for implementation of the State Safety Programme as well as

acceptance and supervision of safety management systems for

aviation organizations;

(t) general aviation operations within the territory and airspace of

Antigua and Barbuda that may be subject to conditions,

limitations and restrictions to ensure safety and security of civil

aviation;

Civil Aviation (Amendment) Bill, 2023 16 No. of 2023

(u) prescribing the fees to be paid in respect of the issue, validation,

renewal, extension or variation of any aviation document or the

undergoing of any examination or test required by, or in

pursuance of the Regulations, or in respect of any other matter for

which it appears to the Minister to be expedient to charge fees;

(v) ensuring that foreign operators operating in Antigua and Barbuda

comply with the safety and security requirements of regulations

made under this section;

(w) designation by the Director General of inspectors and

appropriately qualified persons to perform any of the functions

under this Act or Regulations made there under where such

functions do not include self-regulation;

(x) granting exemptions, deviations or waivers from Regulations

made under this section on such terms and conditions as may be

specified;

(y) conferring on such persons as may be specified, powers relating to

the enforcement of any condition or prohibition; including powers

to examine, take samples of, seize and detain any goods, to require

a passenger of any baggage or packages containing goods to open

such baggage or packages for inspection and to produce any

document;

(z) the provision of regulatory safety oversight in keeping with

Article 83 bis of the Chicago Convention over foreign air

operators which are engaged in commercial air transport

operations in the form of charters, leases and interchange

arrangements.”;

(d) by inserting new subsections (3), (4) and (5) immediately after subsection (2) as

follows—

“(3) Regulations made under this section shall provide for—

(a) examinations and tests to be undergone, and as to the form, custody,

production, cancellation, suspension, endorsement and surrender of any

document;

(b) the imposition of penalties for offences against the regulations, including the

suspension or revocation of certificates, licences, and authorizations, and in

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the case of any particular offence such fines not exceeding Fifty Thousand

dollars or imprisonment of a term of not exceeding 2 years and for the taking

of such steps (including the interception of aircraft) as may be prescribed as

respects aircraft flying over areas of Antigua and Barbuda over which flying

is prohibited by the Regulations.

(4) In this section a reference to “goods” shall include a reference to mail or animals.

(5) Regulations made under this section are subject to a negative resolution of Parliament.”.

17. Amendment of section 50 (Regulations imposing charges)

Section 50(1) of the principal Act is amended in the chapeau by inserting the words “Subject to

section 49” at the beginning.

18. Amendment of section 51 (Penalty notice offence)

Section 51(1) of the principal Act is amended by inserting the words “made by him or her”

immediately after the word “Regulations”

19. Amendment of section 52 (Regulations for miscellaneous matters)

Section 52 of the principal Act is amended by—

(a) inserting before the existing provision the subsection designation (1);

(b) in paragraph (j) deleting the word “and” after the “semi-colon”;

(d) in the newly designated subsection (1) inserting new paragraphs (l) to (o) immediately

after paragraph (k) as follows—

“(l) matters relating to the minimum amount of liability insurance required of

owners and operators of aircraft;

(m) matters relating to National Emergencies;

(n) matters for which he [or she] is responsible under this Act in respect of

which fees are to be paid, the amount of the fees and the persons by whom

the fees are to be paid and, authorizing the refund of fees in such

circumstances as may be prescribed; and

Civil Aviation (Amendment) Bill, 2023 18 No. of 2023

(o) the issuance and administration of air service licenses and permits that

may be subject to conditions, limitations and restrictions, to national and

foreign operators where such national and foreign operators use aircraft

for commercial purposes.”;

(e) inserting new subsections (2) and (3) immediately following subsection (1) as follows—

“(2) The Minister may make regulations exempting, on such terms and conditions as may

be specified in the regulations, any person, aircraft of such description, flights, aerodrome,

facility or service from the application of any regulation made under this section.

(3) An exemption made pursuant to subsection (2) may be granted to any person, aircraft

of such description, flights, aerodrome, facility or service whether or not any civil aviation

document has been issued under this Act.”.

20. Amendment of section 53 (Reporting of occurrences)

The principal Act is amended in section 53(1) by deleting the word “Minister” and substituting the

words “Director General”.

21. Repeal of section 54 (Exemptions by regulation)

Section 54 of the principal Act is repealed.

22. Repeal of section 55 (Exemptions in public interest)

Section 55 of the principal Act is repealed.

No. of 2023 19 Civil Aviation (Amendment) Bill, 2023

Passed the House of Representatives on

the day of , 2023.

Passed the Senate on the day of

, 2023.

……………………….....................

Speaker.

………………………………………..

President.

………………………………………

Clerk to the House of Representatives. ………………………………………..

Clerk to the Senate.

Civil Aviation (Amendment) Bill, 2023 20 No. of 2023

EXPLANATORY MEMORANDUM

This Bill forms part of a suite of amending legislation, including the protocol to amend the Eastern

Caribbean Civil Aviation Authority Agreement. The legislation has been recommended by

ECCAA to improve legislative deficiencies resulting in ECCAA and the airports of participating

states being downgraded from Category 1 to Category 2 by the Federal Aviation Authority of the

United States of America (“FAA”).

Clause 1 provides for the short title.

Clause 2 provides for the Interpretation section.

Clause 3 provides for amendment of section 2 of the principal Act – the interpretation section - to

insert two new definitions of terms – “State Safety Programme” and “unlawful interference”.

Clause 4 provides for amendment of section 4 of the principal Act - relating to the functions of the

Minister - to clarify that the Minister’s powers under section 4 are limited by the substance of

sections 10, 11 and 49 as amended by clauses 6, 7 and 49 respectively.

Clause 5 provides for amendment of section 6 (1) of the principal Act - relating to aerodromes and

airport - to expand the expression “for the purpose of promoting the safety of air navigation” to

read “for the purpose of promoting the safety and security of air navigation”. Emphasis is being

placed on security in addition to safety.

Clause 6 provides for amendment of section 7 (2) (a) of the principal Act - relating to Ministerial

orders and directions - to expand an expression referring to “safety” to include “security”.

Clause 7 provides for amendment of section 10 of the principal Act - relating to the appointment

of the Director General - to amend subsection (6) and insert a new subsection (7). The amendment

to subsection (6) seeks to: - expand an expression referring to “safety” to include “security”, -

No. of 2023 21 Civil Aviation (Amendment) Bill, 2023

repeal paragraph (d) for consistency with the amendments to section 31 as amended by clause 9; -

revise paragraph (g) to reflect the revised role of the Minister for consistency with sections 49 and

53 as amended by clauses 15 and 19 respectively; - insert a new paragraph (h) to reflect the

Director General’s new responsibility to develop a State Safety Programme. The new subsection

(7) seeks to clarify that the Director General acts independently in respect of the specified

functions from paragraphs (a) to (f).

Clause 8 provides for amendment of section 11 of the principal Act - relating to the Director

General’s power to issue directives – - to expand expressions referring to “safety” to include

“security”; and - to reflect the transfer of specified responsibilities from the Minister to the

Director General for consistency with sections 49 and 53 as amended by clauses 15 and 19

respectively.

Clause 9 provides for amendment of section 13 of the principal Act - relating to the Director

General’s power to delegate functions. The amendment seeks to acknowledge the existence of the

Director General’s new functions under Part IX under sections 49 and 53 by virtue of clauses 15

and 19 respectively and to prohibit delegation in respect of these new functions.

Clause 10 provides for amendment of section 31 of the principal Act – relating to the appointment

of an investigator-in-charge – revise subsection (1) to confer a new power to Minister to delegate

responsibilities of an investigator-in-charge to another State or organisation.

Clause 11 provides for amendment of section 32 of the principal Act – relating to the powers of

the investigator-in-charge to conduct investigations – to insert a new subsection (1A) with

additional specified powers. Clause 10 also includes 3 the correction of a citation of Annex 13 of

the Chicago Convention for conducting aircraft accident and incident investigations in section 32

(2).

Clause 12 provides for amendment of section 33 of the principal Act – relating to on-board

recordings and investigations – to rename the section heading and repeal and replace subsection

(1). The new subsection (1) seeks to mandate the confidentiality of specified records relating to

aviation occurrences that are under investigation.

Clause 13 provides for amendment of section 38 (4) of the principal Act – relating to suspension

of documents as a sanction for contravention of the Act – to reflect the transfer of specified

functions under sections 49 and 53 from the Minister to the Director General by virtue of clauses

15 and 19 respectively.

Clause 14 provides for amendment of section 40 (1) of the principal Act – relating to prohibitions

and offences – to insert a new offence as paragraph (jA). The new offence is wilfully committing

Civil Aviation (Amendment) Bill, 2023 22 No. of 2023

or attempting to commit any act of unlawful interference that jeopardises the safety of civil

aviation and would be an indictable offence. Secondly, clause 13 seeks to insert into section 40 of

the principal Act two new subsections (6A) and (6B) to specify the penalties for contravention of

an indictable offence under the principal Act. While section 40 (2) (a) provides that contraventions

of paragraph (a) to (l) of section 40(1) are indictable offences, no penalty was provided. The new

subsections provide for the following maximum penalties: - in the case of an individual, $50,000,

5 years imprisonment, or both; - in the case of a corporation, $150,000. Additionally, clause 13

seeks to correct a typographical error in section 40 (2) (a) where a reference to subsection (1) (i)

should have been a reference to subsection (1) (l).

Clause 15 provides for the repeal and replacement of section 46 of the principal Act to improve

the provisions relating to the powers to enter, inspect, seize and detain to facilitate the monitoring

of compliance with the Act.

Clause 16 provides for amendment of section 49 of the principal Act – relating to regulations

respecting civil aviation – to: - amend subsection (1) to transfer the power to make regulations

respecting the categories specified under subsection (2), from the Minister to the Director General;

and - amend subsection (2) to revise the specified categories to ensure a clear distinction from

regulations made under section 50. 4

Clause 17 provides for amendment of section 50 (1) of the principal Act – relating to regulations

made by the Minister to impose charges – to acknowledge the transfer of specified functions from

the Minister to the Director General under sections 49 and 53 as amended by clauses 15 and 19

respectively.

Clause 18 provides for amendment of section 51 (1) of the principal Act – relating to penalty

notice offences - to acknowledge the transfer of specified functions under sections 49 and 53 from

the Minister to the Director General by virtue of clauses 15 and 19 respectively.

Clause 19 provides for amendment of section 52 of the principal Act – relating to regulations

made by the Minister for miscellaneous matters – to insert new categories for which these

regulations may provide. The new categories include: - matters relating to the minimum amount of

liability insurance required of owners and operators of aircraft; - matters relating to National

Emergencies; - the issuance and administration of air service licences and permits to national and

foreign operators. Additionally, clause 18 seeks to insert new subsections (2) and (3) which

constitute the substance of sections 54 and 55 except that these regulationmaking and exempting

powers would be transferred from the Minister to the Director General.

No. of 2023 23 Civil Aviation (Amendment) Bill, 2023

Clause 20 provides for amendment of section 53 (1) of the principal Act – relating to reporting of

occurrences and includes a power to make regulations. This amendment seeks to transfer this

power to make regulations from the Minister to the Director General.

Clause 21 provides for the repeal of section 54 of the principal Act, in the light that the provisions

have been revised and repositioned as new subsections (2) and (3) of section 52 by virtue of clause

18.

Clause 22 provides for the repeal of section 55 of the principal Act, in the light that the provisions

have been revised and repositioned as new subsections (2) and (3) of section 52 by virtue of clause

18.