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Vanuatu Sessional Legislation |
REPUBLIC OF VANUATU
CIVIL AVIATION ACT NO. 16 OF 1999
Arrangement of Sections
PART 1 – PRELIMINARY
PART 2 – ENTRY INTO THE CIVIL AVIATION SYSTEM
PART 3 – FUNCTION, POWERS AND DUTIES OF PARTICIPANTS IN THE CIVIL AVIATION SYSTEM
Division 1 – Duties of participants
Division 2 – Functions and duties of Minister and Director
Division 3 - Delegation of functions and duties
Division 4 – Powers of entry and notification of accidents
PART 4 - RULES
Division 1 – Ordinary rules and emergency rules
Division 2 – Procedures for making rules
PART 5 – FEES AND OTHER CHARGES
Division 2 - Levies
Division 3 – Charges by airport operators
PART 6 – OFFENCES AND PENALTIES
Division 1 – Safety offences
Division 2 – General offences
Division 3 – Security offences
Division 4 – Infringement offences
Division 5 – Disqualification
Division 6 - Offences punishable on summary conviction
PART 7 – RIGHTS OF APPEAL
PART 8 – REGISTRIES AND INFORMATION SERVICES
PART 9 – AVIATION SECURITY
PART 10 – INTERNATIONAL AIR SERVICES AND OPEN AVIATION MARKET LICENSING
Division 2 – Requirements for licence
Division 3 – Licensing procedure
Division 4 – Requirement on licensees
Division 5 – Suspension and revocation of licences
Division 6 – Non-scheduled international flights and other services
PART 11 – INTERNATIONAL AIR CARRIAGE COMPETITION
PART 12 – MISCELLANEOUS PROVISIONS
REPUBLIC OF VANUATU
Assent 10/09/99
CIVIL AVIATION ACT NO. 16 of 1999
To provide for the civil aviation system in Vanuatu and to promote aviation safety, and for related purposes.
BE IT ENACTED by the President and Parliament of the Republic of Vanuatu as follows:
PART 1 - PRELIMINARY
PURPOSE
INTERPRETATION
2. In this Act, unless the contrary intention appears:
“accident” means an occurrence that is associated with the operation of an aircraft and takes place between the time any person boards the aircraft with the intention of flight and such time as all such persons have disembarked and the engine or any propellers or rotors come to rest, being an occurrence in which:
(a) a person is fatally or seriously injured as a result of:
(i) being in the aircraft; or
(ii) direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or
(iii) direct exposure to jet blast;
except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or
(b) the aircraft sustains damage or structural failure that:
(i) adversely affects the structural strength, performance, or flight characteristics of the aircraft; and
(ii) would normally require major repair or replacement of the affected component;
except engine failure or damage that is limited to the engine, its cowlings, or accessories, or damage limited to propellers, wing tips, rotors, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
(c) the aircraft is missing or is completely inaccessible;
“airport” means an area of land or water intended for use either wholly or partly for the landing, departure or movement of aircraft, and includes any buildings, installations and equipment on or adjacent to the area used in connection with the airport or its administration;
“airport control service” means an air traffic control service provided for the control of airport traffic;
“airport flight information service” means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights in the vicinity of an airport;
“airport traffic” means:
(a) all traffic in the manoeuvring area of an airport; and
(b) all aircraft flying in the vicinity of an airport;
“airport traffic circuit” means the pattern flown by aircraft operating in the vicinity of an airport;
“aeronautical product” means any thing that comprises or is intended to comprise any part of an aircraft or that is or is intended to be installed in or fitted or supplied to an aircraft, and includes fuel and other similar consumable items necessary for the operation of the aircraft;
“aircraft” means any machine or craft that can derive support in the atmosphere from the reactions of the air;
“aircraft flying in the vicinity of an airport” means any aircraft that is in, entering, or leaving an airport traffic circuit;
“air service” means an air transport service or an aerial work service, whether regular or casual;
”air traffic” means all aircraft in flight or operating on any manoeuvring area of an airport;
“air traffic control service” means a service provided for the purposes of:
(a) preventing collisions
(i) between aircraft; and
(ii) between aircraft and obstructions on any manoeuvring area; and
(b) expediting and maintaining a safe and efficient flow of air traffic;
“air traffic service” includes:
any airport control service;
any area control service;
any approach control service;
any flight information service;
any airport flight information service;
any alerting service;
(g) any other air traffic service considered by the Director to be necessary for the safe and efficient operation of the civil aviation system;
“alerting service” means an air traffic service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required;
“approach control service” means an air traffic control service for arriving and departing controlled flights;
“area control service” means an air traffic control service provided for controlled flights in controlled airspace;
“aviation document” means any licence, permit, certificate or other document issued under this Act to or in respect of any person, aircraft, airport, aeronautical procedure, aeronautical product or aviation related service;
“aviation related service” means any equipment, facility or service, including any air traffic service operated in support or in conjunction with the civil aviation system, and includes the provision of aeronautical products;
“aviation security officer” means a person for the time being employed as such by the Department of Civil Aviation, the Civil Aviation Corporation, any other operator of an airport or an aviation security service;
“Civil Aviation Corporation” means the Civil Aviation Corporation Limited, a company incorporated under the Companies Act [CAP 191];
“Civil Aviation Registry” means the Registry established under section 90;
“commencement” means the commencement of this Act;
“controlled airspace” means an airspace of defined dimensions within which an air traffic control service is provided to controlled flights;
“controlled flight” means any flight that is provided with or required by rules made under this Act to make use of an air traffic control service;
“Convention” means the Convention on International Civil Aviation signed in Chicago on the 7th day of December 1944 and includes:
(a) any amendment to the Convention which has entered into force under Article 94(a) of the Convention and has been ratified by the Republic of Vanuatu; and
(b) any Annex or amendment thereto accepted under Article 90 of the Convention; and
(c) the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation pursuant to Article 37 of the Convention;
“court” means a court of competent jurisdiction;
“Department” means the Department of Civil Aviation;
“Director” means the Director of Civil Aviation;
“flight information service” means an air traffic service provided for the purpose of giving advice and information intended for the safe and efficient conduct of flights;
“holder”, in relation to any aviation document, includes any person lawfully entitled to exercise privileges in respect of that document;
“ICAO” means the International Civil Aviation Organisation established under the Convention; and includes any successor to the Organisation;
“incident” means any occurrence, other than an accident, that is associated with the operation of an aircraft and affects or could affect the safety of operation;
“international airport” means any airport designated as an airport of entry and departure for international air traffic where customs, immigration and quarantine procedures are carried out;
“judicial officer” means a magistrate or a judge of the Supreme Court;
“manoeuvring area” means that part of an airport to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing, but does not include areas set aside for loading, unloading or maintenance of aircraft;
“Minister” means the Minister responsible for civil aviation;
“navigation installation” means any building, facility, work, apparatus, equipment or place (whether or not part of an airport) that is intended to assist in the control of air traffic or as an aid to air navigation, and includes any adjacent land, equipment or place used in connection with it;
“operate”, in relation to an aircraft, means:
(a) to fly or use the aircraft; or
(b) to cause or permit the aircraft to fly, be used or be in any place;
whether or not the person is present with the aircraft; and “operator” has a corresponding meaning;
“owner”, in relation to any aircraft, includes any person lawfully entitled to the possession of the aircraft for 28 days or longer;
“pilot-in-command”, in relation to any aircraft, means the pilot responsible for the operation and safety of the aircraft;
“prescribed” means prescribed by this Act, the regulations or the rules;
“regulations” means regulations made under this Act;
“rules” means ordinary rules and emergency rules made under Part 4;
“security area” means an area that is declared to be a security area under section 99;
“security designated airport” means an airport for the time being designated as a security airport under section 97;
“security designated navigation installation” means a navigation installation for the time being designated as a security navigation installation under section 97;
“this Act” includes the regulations and the rules;
“Vanuatu registered aircraft” means any aircraft that is for the time being registered by the Director under section 6(1)(a);
“Vanuatu Register of Aircraft” means the register established under section 89.
APPLICATION OF ACT
(2) Despite subsection (1), the Minister may by agreement with the appropriate foreign aeronautical authority:
(a) transfer to the aeronautical authority in the country of a foreign operator all or part of the responsibility for a Vanuatu registered aircraft operated by that foreign operator; or
(b) vest in the Director all or part of the responsibility for a foreign registered aircraft operated by a Vanuatu operator that arises under this Act.
(3) A Vanuatu registered aircraft must, while being operated over the high seas, be operated in a manner that complies with the Rules of the Air contained in Annex 2 of the Convention.
(4) Nothing in this Act is to be interpreted as limiting the privileges or immunities of:
(a) any foreign military aircraft; or
(b) the officers and crew of any foreign military aircraft.
AVIATION DOCUMENT HOLDERS OUTSIDE VANUATU
the holder is taken to have committed the offence.
(2) Subsection (1) does not apply if an act or omission is required in order to comply with the laws of any foreign state.
CIVIL AVIATION AUTHORITY AND DEPARTMENT
PART 2
ENTRY INTO THE CIVIL AVIATION SYSTEM
REQUIREMENT TO REGISTER AIRCRAFT
(a) the Director; or
(b) the appropriate aeronautical authorities of a contracting state of ICAO; or
(c) the appropriate aeronautical authorities of another State that is party to an agreement with the government of Vanuatu or the Civil Aviation Authority for Vanuatu which provides for the acceptance of each other’s registrations.
(2) An aircraft is not to be registered in or remain registered in Vanuatu if it is registered in any other country.
(3) The Director may decline to register any aircraft in accordance with the rules.
(4) A person to whom a decision made under this section relates may appeal to the Supreme Court against the decision (see section 82).
REQUIREMENT FOR AVIATION DOCUMENT
(a) Vanuatu registered aircraft;
(b) aircraft pilots;
(c) flight crew members;
(d) air traffic services personnel;
(e) aviation security service personnel;
(f) aircraft maintenance personnel;
(g) air services;
(h) air traffic services;
(i) airports and airport operators;
(j) navigation installation providers;
(k) aviation training organisations;
(l) aircraft design, manufacture, and maintenance organisations;
(m) aeronautical procedures;
(n) aviation security services;
(o) aviation meteorological services;
(p) aviation communications services;
(q) such other persons, aircraft, aeronautical products, aviation related services, facilities and equipment operated in support of the civil aviation system and as are required in the interests of safety or security;
(r) any class of such persons or things specified in paragraphs (a) to (q).
(2) The requirements, standards and application procedure for an aviation document and the maximum period for which the document may be issued is to prescribed by the rules.
(3) An aviation document may be issued by the Director for such specified period and subject to such condition as the Director considers appropriate in each particular case.
(4) A person to whom a decision made under this section relates may appeal to the Supreme Court against the decision (see section 82).
APPLICATION FOR AVIATION DOCUMENT
(2) An application must include the applicant’s address for service in Vanuatu, including telephone and facsimile numbers, and email details.
(3) A record of the information provided under subsection (2) must be maintained in the Civil Aviation Registry.
(4) The holder of an aviation document must notify the Director of any changes to the information provided under subsection (2) within 7 days after the changes occur.
(5) Service of any notification under this Act on the holder of, or applicant for, an aviation document is taken to be effective service if the notice is served on the address for service last provided by that holder or applicant.
GRANT OR RENEWAL OF AVIATION DOCUMENT
(a) all things in respect of which the document is sought meet the relevant prescribed requirements; and
(b) the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document:
(i) holds the relevant prescribed qualifications and has the prescribed experience or holds such foreign qualifications as are acceptable to the Director; and
(ii) is a fit and proper person to have such control or hold the document; and
(iii) meets all other relevant prescribed requirements; and
(c) it is not contrary to the interests of aviation safety for the document to be granted or renewed.
Subject to the rules, the Director may accept such foreign qualifications or recognise such foreign certifications as he or she considers appropriate in each case.
(2) (3) It is a condition of an aviation document that the holder and any person who has or is likely to have control over the exercise of the privileges under the document continue to satisfy the fit and proper person test.
(4) An applicant may appeal to the Supreme Court against a decision made under this section (see section 82).
CRITERIA FOR FIT AND PROPER PERSON TEST
(ii) the offence was committed before the commencement;
(f) any evidence that the person has committed an offence relating to transport safety or has contravened or failed to comply with any of the rules;
(g) such other matters and evidence as may be relevant.
(2) Without limiting subsection (1), the Director may:
(a) obtain such information (including medical reports) as the Director thinks fit; and
(b) consider information obtained from any source.
(3) Subsection (1) applies to a body corporate with the following modifications:
(a) paragraphs (1)(a), (b), (c), (e) and (f) are to be read as if they refer to the body corporate and its officers; and
(b) paragraph (1)(d) to be read as if it refers only to the officers of the body corporate.
RIGHTS OF PERSONS AFFECTED BY PROPOSED ADVERSE DECISIONS
(2) The notice must:
(a) inform the person of the grounds for the proposed decision; and
(b) specify that the person may make submissions to the Director in respect of the proposed decision within 21 days after the date on which notice is given; and
(c) inform the person of the person’s right of appeal under section 82.
(3) The Director must give a copy of the notice to:
(a) any other person on the basis of whose character the adverse decision arises; and
(b) any document holder if the Director considers that the proposed decision is likely to have a significant impact on the operations of that document holder.
(4) The Director may give a copy of the notice to any other document holder.
(5) After considering any submissions made under paragraph (2)(b), the Director must:
(a) determine whether or not to make the proposed adverse decision; and
(b) as soon as practicable after doing so, notify in writing the person directly affected of:
(i) the Director’s decision and the grounds for the decision; and
(ii) the date on which the decision takes effect; and
(iii) the right of appeal under section 82.
PART 3
FUNCTIONS, POWERS AND DUTIES OF PARTICIPANTS
IN THE CIVIL AVIATION SYSTEM
Division 1 – Duties of participants
GENERAL REQUIREMENTS FOR PARTICIPANTS IN CIVIL AVIATION SYSTEM
(2) The holder of an aviation document must comply with this Act and the conditions attached to the aviation document.
(3) The holder of an aviation document must ensure that the activities for which the aviation document has been granted are carried out safely and in accordance with the relevant prescribed safety standards and practices.
(4) The holder of an aviation document that authorises the provision of a service within the civil aviation system:
(a) must, if required by the rules, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and
(b) must provide training and supervision to all employees who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document, and to promote safety; and
(c) must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.
DUTIES OF PILOT-IN-COMMAND
13. The pilot-in-command of an aircraft:
(a) is responsible for the safe operation of the aircraft in flight, the safety and well-being of all passengers and crew, and the safety of cargo; and
(b) has final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and
(c) is responsible for compliance with all relevant prescribed requirements.
DUTIES OF PILOT-IN-COMMAND AND OPERATOR DURING EMERGENCIES
(2) Subject to subsection (3), if an emergency (not being an emergency that arises in flight) necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property, the pilot-in-command of an aircraft or the operator of the aircraft may breach the provisions of this Act.
(3) A breach is permitted only if:
(a) the emergency involves a danger to life or property; and
(b) the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
(c) there is no other reasonable means of alleviating, avoiding or assisting with the emergency; and
(d) the degree of danger involved in deviating from the prescribed requirement is clearly less than the degree of risk involved in failing to attend to the emergency.
(4) Nothing in subsection (3) permits:
(a) the operation of an aircraft that is not registered in Vanuatu or elsewhere; or
(b) the breach of any prescribed requirement as to the airworthiness of an aircraft; or
(c) the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft.
(5) If, in any emergency, a pilot-in-command or an operator breaches this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, must:
(a) immediately notify the relevant air traffic control service of the action; and
(b) as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report of the action.
Division 2 – Functions and duties of Minister and Director
FUNCTIONS OF MINISTER
15. The principal functions of the Minister under this Act are:
to promote safety in civil aviation at a reasonable cost; and
(b) to ensure that Vanuatu’s obligations under international civil aviation agreements are implemented; and
(c) to administer Vanuatu’s participation in the Convention and any other international aviation convention, agreement or understanding to which the Government of Vanuatu is a party.
FUNCTIONS OF DIRECTOR
(2) The principal function of the Director is to undertake activities which promote safety in civil aviation at a reasonable cost.
(3) In furtherance of the Director’s principal function, the Director has the following functions:
- (a) to establish safety and security standards relating to entry into the civil aviation system;
- (b) to monitor adherence to safety and security standards within the civil aviation system;
- (c) to ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security;
- (d) to exercise control over entry into the civil aviation system through the granting of aviation documents under this Act;
- (e) to investigate and review civil aviation accidents and incidents in his or her capacity as the responsible safety and security authority;
- (f) to maintain and preserve records and documents relating to activities within the civil aviation system, and in particular to maintain the Vanuatu Register of Aircraft and the Civil Aviation Registry;
- (g) to provide to the Minister such information and advice as the Minister may from time to time require;
- (h) to take such action as may be appropriate in the public interest to enforce the provisions of this Act, including the carrying out of inspections and monitoring;
- (i) to promote safety and security in the civil aviation system by providing safety and security information and advice, and fostering safety and security information education programs.
(4) For the purpose of granting or renewing aviation documents in respect of flight crew or aircraft maintenance personnel, the Director may set, conduct and administer examinations and tests, conduct flight testing and carry out such other functions in relation to such examinations, tests and flight testing as may be necessary.
(5) The Director must act independently, and is not subject to the direction or control of any person or body, in performing or exercising any functions or powers in relation to:
(a) the granting, suspension or revocation of aviation documents; or
(b) the granting of exemptions under this Act; or
(c) the enforcement of the provisions of this Act.
DIRECTOR MAY REQUIRE OR CARRY OUT SAFETY AND SECURITY INSPECTIONS AND MONITORING
17. (1) The Director may in writing require any person who:
(a) holds an aviation document; or
(b) operates, maintains or services, or does any other act in respect of, any aircraft, aeronautical product, aviation related service, air traffic service or aeronautical procedure;
to undergo or carry out such inspections and such monitoring as the Director considers necessary in the interests of civil aviation safety and security.
(2) The Director may, in respect of any person mentioned in subsection (1), carry out such inspections and monitoring as the Director considers necessary in the interests of civil aviation safety and security.
(3) For the purposes of any inspection or monitoring carried out in respect of any person under subsection (2), the Director may in writing require from that person such information as the Director considers relevant to the inspection or the monitoring.
(4) The cost of any inspection, monitoring or safety audit is to be borne by the person or organisation that is being inspected, monitored or audited.
POWER OF THE DIRECTOR TO SUSPEND AVIATION DOCUMENT OR IMPOSE CONDITIONS
(a) such action is necessary to ensure compliance with this Act; or
(b) the holder has failed to comply with any conditions of the aviation document or with the requirements of section 12; or
(c) the holder has given false information for the purpose of obtaining that or any other aviation document; or
(d) the privileges or duties for which the document has been granted are being carried out by the holder in a careless or incompetent manner;
and considers such action is necessary in the interests of safety.
Without limiting subsection (1), the Director may:
- suspend any aviation document relating to the use of any aircraft, aeronautical product or the provision of any service; or
- impose conditions in respect of any such document;
if he or she considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the document relates.
(3) The suspension of any aviation document or conditions imposed in respect of any such document remains in force for such period as the Director determines.
(4) However, the duration of any such suspension or imposition of conditions must not exceed 14 days unless the Director determines that a further period is necessary for the purposes of completing any investigation being undertaken by the Director.
(5) If, after investigation, the Director considers it is necessary, he or she may suspend for a further period the aviation document or impose further conditions.
(6) Any person whose aviation document has been suspended or made subject to conditions must immediately produce that document to the Director for the appropriate endorsement.
(7) The whole or any part of an aviation document may be suspended under this section.
(8) A person in respect of whom a decision is made under this section may appeal against that decision to the Supreme Court (see section 82)
POWER OF DIRECTOR TO REVOKE AVIATION DOCUMENT
(a) decide whether or not to revoke the aviation document; and
(b) as soon as practicable after doing so, notify the person concerned in writing of:
(i) the Director’s decision and the grounds for the decision; and
(ii) the date on which the decision takes effect; and
(iii) the right of appeal under section 82.
(4) Any person whose aviation document has been revoked must immediately surrender that document to the Director.
(5) A person in respect of whom a decision is made under this section may appeal against that decision to the Supreme Court (see section 82).
CRITERIA FOR ACTION TAKEN UNDER SECTION 18 OR SECTION 19
(2) The Director must consider the following:
(a) a person’s compliance history with transport safety regulatory requirements;
(b) any conviction for any transport safety offence whether or not:
(i) the conviction was in a Vanuatu court; or
(ii) the offence was committed before commencement;
(c) any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any of the rules;
(d) such other matters and evidence as may be relevant.
(3) Without limiting subsection (2), the Director may:
(a) obtain such information as the Director thinks fit; or
(b) consider information obtained from any source.
POWER OF DIRECTOR TO AMEND OR REVOKE AVIATION DOCUMENT
IN OTHER CASES
(2) The Director may do any of the following:
(a) amend any aviation document to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out by the holder;
(b) revoke any aviation document if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder;
(c) amend any aviation document to impose further reasonable conditions;
(d) amend any aviation document to correct any clerical error or obvious mistake on the face of the document.
(3) Before taking any action under subsection (2), the Director must notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.
(4) When the holder of an aviation document is notified that specified action is proposed under this section, the holder must immediately produce the document to the Director.
POWER OF DIRECTOR TO DETAIN AIRCRAFT, SEIZE AERONAUTICAL PRODUCTS, AND IMPOSE PROHIBITIONS AND CONDITIONS
However, the Director must not take action under this subsection unless the Director is authorised to do so by a warrant issued by a judicial officer.
(2) If the Director believes on reasonable grounds that the operation or use of any aircraft or any aeronautical product may endanger persons or property and that prompt action is necessary to prevent the danger, the Director may do all or any of the following:
- (a) prohibit or impose conditions on the operation of the aircraft or all aircraft of that class;
(b) prohibit or impose conditions on the use of the aeronautical product or all aeronautical products of that class;
(c) detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use.
(3) Subject to subsection (4), any detention or seizure under subsection (1) or (2) is to be maintained only for such time as is necessary in the interests of safety.
(4) If aircraft, aeronautical products or parts of such aircraft or products are required for the purpose of evidence in any prosecution under this Act, they may be retained by the Director for such period as the Director considers necessary for that purpose.
(5) The Director must, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.
(6) A person in respect of whom a decision is made under this section may appeal against that decision to the Supreme Court (see section 82).
Division 3 – Delegation of functions and powers
DELEGATION OF MINISTER’S FUNCTIONS OR POWERS TO DIRECTOR
(3) A delegation does not include the power to delegate.
(4) A delegation does not:
(a) affect or prevent the exercise of any function or power by the Minister; and
(b) affect the responsibility of the Minister for the actions of any person acting under the delegation.
DELEGATION OF DIRECTOR’S FUNCTIONS OR POWERS TO EMPLOYEES OF DEPARTMENT
(2) The Director must not delegate any function or power delegated to the Director by the Minister without the written consent of the Minister.
(3) An employee to whom a function or power has been delegated may, with the prior approval in writing of the Director, delegate to another employee of the Department such of those functions or powers as are so approved.
(4) A delegation may be made to:
(a) a specified employee of the Department or to employees of a specified class; or
(b) the holder or holders for the time being of a specified office or specified class of offices of the Department.
(5) An employer purporting to act under a delegation must, when reasonably requested to do so, produce evidence of his or her authority to act.
DELEGATION OF DIRECTOR’S FUNCTIONS OR POWERS TO A PERSON OUTSIDE DEPARTMENT
(a) the power under this section to delegate functions and powers;
(b) the power under section 19 to revoke aviation documents;
(c) the power under section 44 to suspend or revoke aviation documents;
(d) the power under section 74 to issue infringement notices.
(3) The Director must not delegate any function or power to any person or any class of persons except with the consent in writing of the Minister.
(4) The Director may delegate any power or function to:
(a) a specified person or class of persons; or
(a) (b) the holder or holders of a specified office or class of office.
(5) A delegation made by a Director who ceases to hold office continues to have effect as if it were made by the person for the time being holding office as the Director.
(6) A person purporting to act under a delegation must when reasonably requested to do so produce evidence of his or her authority to act.
EFFECT OF DELEGATION
(b) the delegation may be made either generally or as otherwise provided by the instrument of delegation; and
(c) a function or power so delegated, when performed or exercised by the delegate, is for the purposes of this Act, taken to have been performed or exercised by the delegator; and
(d) a delegation of a function or power by the delegator does not prevent the performance or exercise of the function or power by the delegator; and
(e) subject to any general or special directions given or conditions imposed by the delegator, the delegate may exercise a function or power so delegated in the same manner and with the same effect as if it had been conferred on the delegate by this Act and not by delegation; and
(f) in the absence of proof to the contrary, the delegate is presumed to be acting in accordance with the terms of the delegation when the delegate purportedly acts pursuant to the delegation; and
(g) the delegation may be given for a specified period, but is revocable at will by the delegator; and
(h) the delegation does not affect the responsibility of the delegator for the actions of the delegate.
Division 4 – Powers of entry and notification of accidents
GENERAL POWER OF ENTRY
(2) Without limiting subsection (1), a person duly authorised by the Director who has reasonable grounds to believe that:
- (a) any breach of this Act is being or about to be committed; or
- (b) a condition imposed under any civil aviation document is not being complied with; or
- (c) a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property;
may at any reasonable time enter any aircraft, airport, building or place and carry out an inspection to determine whether or not a matter referred to in paragraph (a) to (c) exists.
(3) A person who is authorised to enter any aircraft, airport, building or place under subsection (1) or (2) may require the owner, occupier or operator, as the case may be:
(a) to produce any aviation document, certificate, book, manual, record, list, notice or other document required by or under this Act to be kept by that owner, occupier or operator; and
(b) to surrender any such aviation document, certificate, book, manual, record, list, notice or other document.
(4) Nothing in subsection (1) or (2) confers on any person the power to enter any house or other dwelling unless the entry is authorised by a warrant given by a judicial officer. However, the warrant must not be granted unless the judicial officer is satisfied that the entry is essential to enable the inspection to be carried out.
(5) A warrant issued under subsection (4) must be issued to a named person and is valid for a period of 1 month from the date of its issue or such lesser period as the judicial officer considers appropriate. The period of validity must be shown in the warrant.
(6) A person exercising the power of entry conferred by subsection (1) or (2) must carry an authority by the Director specifying:
(a) the name and the office held by the person; and
(b) that the person is authorised by the Director to exercise the power conferred by subsections (1) and (2) to enter aircraft, airports, buildings and places and to carry out inspections.
(7) A person exercising the power of entry conferred by subsection (1) or (2) must produce the authority and evidence of identity:
(a) if practicable on first entering the aircraft, airport, building or place; and
(b) whenever subsequently reasonably required to do so.
(8) An authorised member of the Vanuatu Police has and may exercise all or any of the powers conferred on a person who has been duly authorised by the Director under this section.
OBLIGATION TO NOTIFY ALL ACCIDENTS AND INCIDENTS
(2) A person who:
(a) operates, maintains or services, or does any other act in respect of, any aircraft, aeronautical product or aviation related service; and
(b) is involved in an incident;
must notify the incident to the Director.
(3) If, due to injuries or death, the pilot-in-command is unable to give the necessary notice under subsection (1), the operator must provide the necessary notice.
(4) The co-ordinator of any search and rescue operation for any aircraft must notify the Director of the operation as soon as practicable.
(5) The Director may, on being notified under this section, request such additional information, in such form as he or she considers appropriate in each specific case. The pilot-in-command or operator or person to whom the request is made must provide the additional information as soon as practicable.
DUTY OF DIRECTOR TO NOTIFY ACCIDENTS AND INCIDENTS TO THE MINISTER
PART 4
RULES
Division 1 – Ordinary rules and emergency rules
POWER OF MINISTER TO MAKE ORDINARY RULES
(2) Any ordinary rule may apply generally or with respect to:
(a) different classes of aircraft, airports, aeronautical products, aeronautical procedures or aviation related services; or
the same class of aircraft, airport, aeronautical product, aeronautical procedure or aviation related service in different circumstances.
(3) Any ordinary rule may apply generally throughout Vanuatu or within any specified part or parts of Vanuatu.
(4) The Minister may by notice in the Gazette suspend in whole or part the commencement of any ordinary rule.
(5) An ordinary rule is not invalid because it:
(a) confers any discretion upon or allows any matter to be determined or approved by the Director or any other person; or
(b) allows the Director or any other person to impose requirements as to the performance of any activities.
(6) A breach of any ordinary rule does not constitute an offence against this Act unless that offence is prescribed in the regulations.
(7) An ordinary rule is taken to be a regulation for the purposes of this Act.
(8) The by-laws of any local government council or municipal council are to be construed subject to the rules.
RULES RELATING TO SAFETY AND SECURITY
(a) rules providing for the use of airports and other aviation related facilities, including but not limited to the following:
(i) the identification procedures for persons, aircraft and any other aviation related things;
(ii) the prevention of interference with airports and other aviation related facilities;
(b) general operating rules, air traffic rules and flight rules, including but not limited to the following:
(i) the conditions under which aircraft may be used or operated, or under which any act may be performed in or from an aircraft;
(ii) the prevention of aircraft endangering persons or property;
(c) rules providing for the control of things likely to be hazardous to aviation safety, including but not limited to the following:
(i) the safe carriage of firearms and other dangerous or hazardous goods or substances by air;
(ii) the construction, use or operation of anything likely to be hazardous to aviation safety.
RULES RELATING TO AIRSPACE
32. The Minister may:
(a) in the interests of safety or security within the civil aviation system; or
(b) in the interests of national security; or
(c) for any other reason in the public interest;
make ordinary rules providing for the classification, designation, special use, prohibition, and the restriction of airspace and things affecting navigable airspace, including airspace used by aircraft used by the Vanuatu Police or a visiting defence force.
RULES FOR NOISE ABATEMENT PURPOSES
RULES RELATING TO GENERAL MATTERS
34. The Minister may make ordinary rules for all or any of the following purposes:
(a) the designation, classification and certification of all or any of the following:
(i) aircraft;
(ii) aircraft pilots;
(iii) flight crew members;
(iv) air traffic service personnel;
(v) aviation security personnel;
(vi) aircraft maintenance personnel;
(vii) air services;
(viii) air traffic services;
(ix) airports and airport operators;
(x) navigation installation providers;
(xi) aviation training organisations;
(xii) aircraft design, manufacture, and maintenance organisations;
(xiii) aeronautical procedures;
(xiv) aviation security providers;
(xv) aviation meteorological services;
(xvi) aviation communication services;
(xvii) any person who provides services in the civil aviation system, and any aircraft, aeronautical products, aviation related services, facilities and equipment operated in support of the civil aviation system;
(xviii) any class or classes of persons or thing mentioned in subparagraphs (i) to (xvii);
(b) the setting of standards, specifications, restrictions and licensing requirements for all or any of the persons or things specified in paragraph (a), including but not limited to the following:
(i) the specification of the privileges, limitations and ratings associated with licences or other forms of approval;
(ii) the setting of standards for training systems and techniques, including recurrent training requirements;
(iii) the setting of medical standards for personnel;
(iv) the requirement for proof of access to appropriate weather services;
(v) the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products;
(vi) the requirements for notification of insurance coverage for air services;
(vii) the format of aviation documents, forms and applications, including the specification of information required on all application forms for aviation documents;
(viii) the provision of information to the Director by applicants or holders of aviation documents;
(c) the conditions of operation of foreign aircraft and international flights to, from or within Vanuatu;
(d) the definitions, abbreviations and units of measurement to apply within the civil aviation system;
(e) prescribing the design and colours of the Vanuatu Civil Air Ensign, and where and by whom it may be flown.
POWER OF DIRECTOR TO MAKE EMERGENCY RULES
(2) The Director must not make any emergency rules unless it is impracticable for the Minister to make ordinary rules to effectively alleviate or minimise the risk concerned.
(3) The Minister may revoke any emergency rule and the revocation must be notified as if it were an emergency rule.
(4) An emergency rule is taken to be a regulation for the purposes of this Act.
Division 2 – Procedures for making rules
PROCEDURES RELATING TO RULES
36. (1) An ordinary rule and an emergency rule must:
(a) contain a statement specifying the objective of the rule and the extent of any consultation under section 38 or 39; and
(b) set out the requirements of the rule, including appropriate references to any information incorporated in the rule by reference under section 40.
(2) An ordinary rule must be signed by the Minister and an emergency rule must be signed by the Director.
MATTERS TO BE TAKEN INTO ACCOUNT IN MAKING RULES
(2) In making any rule the Minister or the Director, as the case may be, must have regard to the following:
- (a) the recommended practices of ICAO relating to aviation safety and security, to the extent adopted by Vanuatu;
- (b) the level of risk existing to aviation safety in each proposed activity or service;
- (c) the nature of the particular activity or service for which the rule is being made;
- (d) the level of risk existing to aviation safety and security in Vanuatu in general;
- (e) the need to maintain aviation safety and security;
- (f) the costs of implementing aviation safety and security measures;
- (g) the international circumstances in respect of aviation safety and security;
- (h) such other matters as the Minister or the Director considers appropriate in the circumstances.
PROCEDURE FOR MAKING ORDINARY RULES
(b) consult with such persons, representative groups within the aviation industry or elsewhere, Government departments and State agencies as the Minister in each case considers appropriate.
(2) Subject to subsection (3), the Minister must, after making an ordinary rule, publish in the Gazette a notice:
- (a) setting out the rule (other than any information incorporated in the rule by reference under section 40 that is too large or impractical to be published); and
- (b) specifying where the rule is available for inspection free of charge and for purchase at a reasonable price.
(3) If for reasons of security the Minister considers it inappropriate to publish the rule, the Minister must notify in writing such persons as he or she considers appropriate in the circumstances and the rule applies only to the persons so notified.
(4) An ordinary rule comes into force:
- on the 28th day after the date of its publication in the Gazette; or
- on such later day as may be specified in the rule or under subsection 30(4); or
- (c) if notified by service on any person under subsection (3) - immediately upon service of the rule upon that person and in respect of that person only.
PROCEDURE FOR MAKING EMERGENCY RULES
(4) If for reasons of safety or security it is impracticable or inappropriate to publish an emergency rule under subsection (2), the Director must notify such persons as he or she considers appropriate in the circumstances by facsimile, telephone, email or any other means.
(5) Subject to subsection (6), an emergency rule may be in force for a period not exceeding 90 days, and may be renewed by the Director once only for a further period not exceeding 30 days.
(6) The Minister may, by notice in the Gazette, renew an emergency rule for a further period not exceeding 180 days from the date of the notification.
(7) Before renewing an emergency rule under subsection (6), the Minister must consult with such persons, representative groups within the aviation industry or elsewhere, Government departments and State agencies as the Minister thinks appropriate.
(8) So far as any emergency rule is inconsistent with any ordinary rule, the emergency rule prevails.
INCORPORATION BY REFERENCE
(2) The procedures specified in section 38 or 39, as the case requires, must be followed in relation to any material that is to be incorporated by reference, including any amendments to material already incorporated.
(3) If an amendment is made to any material incorporated by reference into a rule by the person or organisation originally responsible for preparing that material, the amendment is taken to form part of the rule unless otherwise provided in the rules.
(4) The Director must, by notice in the Gazette, specify the date on which any amendment to material incorporated by reference is to take effect.
(5) Any material incorporated by reference into a rule is taken for all purposes to form part of the rule.
EXEMPTION POWER OF DIRECTOR
and that the risk to safety will not be significantly increased by the granting of the exemption.
(3) The Director must notify an exemption as soon as practicable in the Gazette.
(4) Nothing in this section applies in any case where any rule specifically provides that no exemptions are to be granted.
PART 5
FEES AND OTHER CHARGES
FEES AND CHARGES
(2) Different rates of fees and charges may be prescribed or fixed:
- (a) in respect of different classes of persons, airports, aircraft, aeronautical products, aviation related services, air traffic services or aeronautical procedures; or
- (b) on the basis of different times of use, or on any other differential basis.
(3) A regulation may:
- (a) specify the persons by whom and to whom any fees or charges are payable;
- (b) prescribe penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays;
- (c) prescribe additional charges for reimbursement of travelling time, accommodation, and other expenses;
- (d) require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns;
- (e) provide for the refund or waiver of any fee or charge, in whole or in part, in any specified case or class of cases.
(4) The Minister must not make regulations prescribing or providing for the fixing of fees or charges under this section in respect of the use of any airport operated or managed by the Civil Aviation Corporation or any other person, unless the Minister has consulted with the Corporation, or that other person, as the case requires.
PAYMENT OF FEES AND CHARGES
(2) The regulations may prescribe a date by which any such fee or charge is payable or authorise the Director to fix the date by which the fee or charge is payable.
SUSPENSION OR REVOCATION OF AVIATION DOCUMENT WHERE PRESCRIBED FEES OR CHARGES UNPAID
(2) If any fee or charge payable under this Division is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the aviation document to which the unpaid fee or charge relates.
(3) Before suspending or revoking an aviation document, the Director must notify the holder of:
- (a) the Director’s intention to suspend or revoke the document; and
- (b) the right of appeal available to the holder of that document in the event of the document being suspended or revoked.
If a fee or charge is payable in respect of an application under this Act or for the provision of a service under this Act, the Director or other person asked to process the application or provide the service, as the case may be, may decline to process that application or provide that service until:
- the appropriate fee or charge has been paid; or
- (b) an arrangement acceptable to the Director for payment of the fee or charge has been made.
(5) Subsection (4) does not apply if the safety of any person would be put at risk.
(6) The holder of an aviation document that is suspended under subsection (1) or revoked under subsection (2) may appeal against that decision to the Supreme Court (see section 82).
RECOVERY OF FEES AND CHARGES FOR AVIATION RELATED SERVICES
Division 2 - Levies
MINISTER MAY IMPOSE LEVIES
BASIS ON WHICH LEVIES MAY BE IMPOSED
The rate of any levy imposed or varied may be calculated according to any one of, or any combination of one or more of, the following factors:
- (a) the quantity of aviation fuel purchased by any person;
- (b) the number of passengers able to be carried on any aircraft;
- (c) the number of passengers actually carried on any aircraft;
- (d) the amount of freight able to be carried on any aircraft;
- (e) the amount of freight actually carried on any aircraft;
- (f) the distance flown by any aircraft;
- (g) aircraft size or capacity;
- (h) the purpose for which any aircraft or aeronautical product is used or for which an aviation related service is supplied;
- (i) any other basis that relates to the use, capacity or size of:
(i) any aircraft; or
(ii) any aeronautical product; or
(iii) any aviation related service; or
(iv) any privileges exercisable under any aviation document.
OTHER PROVISIONS RELATING TO LEVIES
(2) An order made under section 46 may:
(a) specify the persons by whom any levy is payable and the place at which it is payable; and
(b) prescribe a date by which any levy is payable or authorise the Director to fix the date by which the levy is payable; and
(c) require returns to be made by persons by whom any levy is payable, and prescribe conditions relating to the making of such returns.
(3) A levy is taken for the purposes of section 44 to be a charge payable under Division 1 of this Part.
Division 3 – Charges by airport operators
AIRPORT OPERATORS MAY DETERMINE CHARGES
(3) An airport operator may make an arrangement with a person under which the person agrees to pay to the operator the charges charged to the person in the manner provided in the arrangement.
(4) Without limiting subsection (3), an example of an arrangement is for an airline to agree to pay to an airport operator every month the charges in respect of passengers carried by the airline during the previous month.
(5) If an airport operator proposes to increase any charge, the operator must:
(a) consult with the Director, and the committee formed by the Minister in consultation with all airport operators to represent all civil aviation stakeholders; and
(b) consult with such other persons, representative groups within the aviation industry or elsewhere, Government departments and State agencies as is appropriate in the circumstances; and
(c) have regard to ICAO guidelines on charges for airports.
(6) The charges charged by an airport operator to any person are payable by the person to the operator.
(7) Any charge that is payable to an airport operator is recoverable as a debt due to the operator in a court in Vanuatu.
(8) The charges, including any variation to the charges, must be made in writing.
(9) The charges determined under this section apply despite any other charges, levies or fees payable by or under any other provision of this Act.
(10) In this section:
“airport operator” means the Civil Aviation Corporation or any other person who operates or manages an airport.
EXEMPTIONS FROM CHARGES
50. A charge must not be determined under section 49 in respect of the following:
(a) any passenger of an aircraft if he or she:
- (i) is under 12 years of age; or
- (ii) within 24 hours after arriving in Vanuatu, departs from Vanuatu to a country or territory other than the country or territory of origin of his or her flight to Vanuatu; or
- (iii) is in transit without clearance through the customs and immigration control in Vanuatu; or
- (iv) is travelling for urgent medical reasons and not more than 2 persons travelling in attendance on such passenger; or
- (v) is engaged in technical, meteorological, humanitarian, or search and rescue operations; or
- (vi) is on an aircraft being used for the military, diplomatic or ceremonial purposes of the government of any country; or
- (vii) is on an aircraft that has returned to, or landed in, Vanuatu because of an emergency or for technical reasons, who subsequently departs from Vanuatu on the same or another aircraft; or
- (viii) is a person to whom any privileges or immunities are accorded under the Diplomatic Privileges and Immunities Act [CAP 143]; or
- (ix) is an official of the Government of the Republic of Vanuatu who holds an official or diplomatic passport;
(b) aircraft crew travelling on duty, including positioning crew.
OFFENCES AND PENALTIES
Division 1 - Safety offences
ENDANGERMENT CAUSED BY HOLDER OF AVIATION DOCUMENT
51. (1) The holder of an aviation document commits an offence if:
(a) the holder, in respect of any activity or service to which the document relates, does or omits to do any act or causes or permits any act or omission; and
- (b) the act or omission causes unnecessary danger to any other person or to any property.
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding 200,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 1,000,000 VT.
OPERATING AN AIRCRAFT IN CARELESS MANNER
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to a fine not exceeding 600,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 3,000,000 VT.
DANGEROUS ACTIVITY INVOLVING AIRCRAFT, AERONAUTICAL PRODUCT, OR AVIATION RELATED SERVICE
53. (1) A person commits an offence if the person:
(a) operates, maintains or services; or
(b) does any other act in respect of;
any aircraft, aeronautical product or aviation related service in a manner which causes unnecessary danger to any other person or to any property.
(2) A person commits an offence if the person:
- (a) causes or permits any aircraft, aeronautical product or aviation related service to be operated, maintained or serviced; or
- (b) causes or permits any other act to be done in respect of any aircraft, aeronautical product or aviation related service;
in a manner which causes unnecessary danger to any other person or to any
property.
(3) A person who commits an offence under subsection (1) or (2) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding 400,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 2,000,000 VT.
FAILURE TO COMPLY WITH INSPECTION OR AUDIT REQUEST
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to a fine not exceeding 800,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 4,000,000 VT.
COURT MAY DISQUALIFY HOLDER OF AVIATION DOCUMENT OR IMPOSE CONDITIONS ON HOLDING OF DOCUMENT
for such period not exceeding 12 months as the court thinks fit.
(2) Nothing in subsection (1) affects or prevents the exercise by the Director of his or her powers under section 9.
ACTING WITHOUT NECESSARY AVIATION DOCUMENT
(b) does not hold the appropriate current aviation document.
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 2 years or a fine not exceeding 800,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 4,000,000 VT.
ADDITIONAL PENALTY FOR OFFENCES INVOLVING COMMERCIAL GAIN
(2) For the purpose of subsection (1), the value of any gain is to be assessed by the court, and is recoverable in the same manner as a fine.
Division 2 - General Offences
APPLYING FOR AVIATION DOCUMENT WHILE DISQUALIFIED
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding 200,000 VT; or
(b) in the case of a body corporate to a fine not exceeding 1,000,000 VT
and the court may order the person to be disqualified from holding or obtaining an aviation document for such period not exceeding 12 months as the court thinks fit.
COMMUNICATING FALSE INFORMATION OR FAILING TO DISCLOSE INFORMATION RELEVANT TO GRANTING OR HOLDING OF AVIATION DOCUMENT
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding 400,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 2,000,000 VT.
CARRYING ON SCHEDULED INTERNATIONAL AIR SERVICE WITHOUT LICENCE OR CONTRARY TO LICENCE
60. (1) A person commits an offence if the person:
(a) carries on a scheduled international air service in Vanuatu without a licence granted under Part 10; or
(b) being the holder of a licence granted under Part 10, carries on a scheduled international air service in Vanuatu in a manner contrary to the terms and conditions of the licence.
(2) A person who commits an offence under subsection (1) is liable on conviction:
- (a) in the case of an individual, to a fine not exceeding 400,000 VT; or
- (b) in the case of a body corporate, to a fine not exceeding 2,000,000 VT.
OPERATING UNAUTHORISED NON-SCHEDULED INTERNATIONAL FLIGHT OR CARRYING ON NON-SCHEDULED INTERNATIONAL FLIGHT CONTRARY TO LICENCE
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to a fine not exceeding 400,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 2,000,000 VT.
OBSTRUCTION OF PERSONS DULY AUTHORISED BY DIRECTOR
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 3 months or a fine not exceeding 150,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 750,000
VT.
(3) Subsection (1) applies only if the person obstructed or impeded is in uniform or produces evidence of his or her authority.
FAILURE OR REFUSAL TO PRODUCE OR SURRENDER DOCUMENTS
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding 80,000 VT.
TRESPASS
(2) A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding one month or a fine not exceeding 100,000 VT.
FAILURE TO MAINTAIN ACCURATE RECORDS
(2) A person who commits an offence under subsection (1) is liable on conviction:
- (a) in the case of an individual, to a fine not exceeding 400,000 VT; or
- (b) in the case of a body corporate, to a fine not exceeding 2,000,000 VT.
FAILURE TO NOTIFY EMERGENCY BREACH OF ACT OR REGULATIONS OR RULES
FAILURE TO NOTIFY ACCIDENT OR INCIDENT
CONTRAVENTION OF EMERGENCY RULE, PROHIBITION OR CONDITION
(a) in the case of an individual, to a fine not exceeding 400,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 2,000,000 VT.
FLIGHT OVER FOREIGN COUNTRY WITHOUT AUTHORITY OR FOR IMPROPER PURPOSE
69. (1) This section applies to:
(a) any aircraft that is registered or required to be registered in Vanuatu under this Act; and
(b) any other aircraft operated by a person who is a permanent resident of Vanuatu or whose principal place of business is in Vanuatu.
(2) A person commits an offence if the person:
- (a) is the operator or pilot-in-command of an aircraft which is being flown over a foreign country or territory; and
- (b) knowingly allows that aircraft to be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory.
(3) If it is proved in any prosecution for an offence against subsection (2) that the aircraft was used for a purpose mentioned in paragraph (2)(b), the defendant is taken to have known that the aircraft was being so used in the absence of evidence to the contrary.
(4) A person commits an offence if the person:
(a) is the operator or pilot-in-command of an aircraft which is being flown over any foreign country or territory; and
(b) knowingly fails to comply with any direction that is given in respect of the aircraft by the appropriate aeronautical authority of that country or territory.
(5) It is a defence to an offence against subsection (4) if the lives of persons on board the aircraft or the safety of the aircraft would have been endangered by complying with the direction.
(6) If in any prosecution for an offence against subsection (4) it is proved that the defendant failed to comply with a direction that was given in respect of the aircraft by the appropriate aeronautical authority, the defendant is taken to have known that the direction had been given in the absence of evidence to the contrary.
(7) For the purposes of this section, “appropriate aeronautical authority” includes any person, whether a member of the military authorities or the civil authorities of the foreign country or territory, who is authorised under the law of the foreign country or territory to issue directions to aircraft flying over that country or territory.
(8) A person who commits an offence under subsection (2) or (4) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 2 years or a fine not exceeding 800,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 4,000,000 VT.
Division 3 - Security Offences
70. (1) A person in a security area commits an offence if the person:
(a) refuses to state his or her name, address and authority to enter the security area after:
(i) having been informed that he or she is in the security area; and
(ii) having been requested by an aviation security officer to state those particulars; or
(b) refuses immediately to leave the security area after having been ordered by an aviation security officer to do so.
(2) A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding 100,000 VT.
IMPERSONATING OR OBSTRUCTION OF AVIATION SECURITY OFFICER
(2) A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding 100,000 VT.
COMMUNICATING FALSE INFORMATION AFFECTING SAFETY
(2) A person who commits an offence under subsection (1) is liable on conviction:
(a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding 400,000 VT; or
(b) in the case of a body corporate, to a fine not exceeding 2,000,000 VT.
Division 4 - Infringement Offences
INFRINGEMENT NOTICES
(b) has reasonable cause to believe such an offence is being or has been committed by that person;
the Director or the authorised person may issue an infringement notice in respect of that offence.
(2) An infringement notice may be served:
- (a) by delivering it personally to the person who appears to have committed the infringement offence; or
- (b) by sending it by post addressed to him or her at his or her last known place of residence or business; or
- (c) if the person is a holder of an aviation document, by serving it by post on that person at his or her last address for service provided under section 8.
(3) A infringement notice must be in the prescribed form and must contain the following particulars:
(a) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place and nature of the alleged offence;
(b) the amount of the infringement fee for that offence;
(c) the address at which the infringement fee may be paid;
(d) the time within which the infringement fee must be paid;
(e) a statement of the right of the person served with the notice to request a hearing;
(f) a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing;
(g) such other particulars as are prescribed by the regulations.
(4) If an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced.
Division 5 – Disqualification
the document, on the expiration of the disqualification, continues to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director may from time to time specify.
COMMENCEMENT OF A PERIOD OF DISQUALIFICATION
RETENTION AND CUSTODY OF DOCUMENT
(2) If an aviation document is surrendered, it must be sent immediately to the Director who must endorse the terms of the disqualification on the document and retain it until the disqualification has expired or been removed.
(3) If the person entitled to the document is a person to whom subsection 75(2) applies, the document must not be returned to that person until that person has passed the tests and fulfilled the requirements referred to in that subsection.
REMOVAL OF DISQUALIFICATION
(2) On an application the court may, having regard to the character of the applicant and the applicant’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification from such date as may be specified in the order or refuse the application.
(3) Notice of an application under this section must be served on the Director who has a right to appear and be heard in respect of that matter.
PARTICULARS OF DISQUALIFICATION ORDERS, ETC TO BE SENT TO DIRECTOR
79. If a court:
makes an order disqualifying a person from holding or obtaining an aviation document; or
(b) imposes restrictions or conditions (or both) on any aviation document held by or issued to any person; or
(c) makes an order under section 78 removing any disqualification;
particulars of the order must be sent by the court to the Director.
APPEALS AGAINST DISQUALIFICATION
(3) Any person who is disqualified by an order of the Supreme Court from holding or obtaining an aviation document and who applies for a removal of that disqualification and whose application is refused, may appeal against the refusal to the Court of Appeal.
Division 6 - Offences punishable on summary conviction
OFFENCES TO BE PUNISHABLE ON SUMMARY CONVICTION
PART 7
RIGHTS OF APPEAL
82. If the Director:
(a) declines to register any aircraft under section 6; or
(b) imposes conditions on any aviation document under section 7; or
(c) refuses to grant any aviation document under section 9; or
(d) finds under section 9 that a person is not a fit and proper person to hold an aviation document; or
(e) suspends an aviation document or imposes conditions under section 18; or
(f) revokes an aviation document under section 19; or
(g) detains an aircraft, seizes an aeronautical product, or imposes any conditions or prohibitions, under section 22; or
(h) suspends or revokes an aviation document under subsection 44 (1) or (2);
the person in respect of whom the decision was made may appeal to the Supreme Court against that decision.
PROCEDURE
(2) In determining the appeal the Supreme Court may:
(a) hear all evidence tendered and representations made by or on behalf of any party to the appeal, whether or not that evidence would be otherwise admissible in that Court; and
(b) either:
(i) confirm, reverse or modify the decision appealed against, and make such orders and give such directions to the Director as may be necessary to give effect to the Court’s decision; or
(ii) refer the matter back to the Director with directions to reconsider the whole or any specified part of the matter.
(3) An appeal under this section is to be by way of re-hearing.
(4) Subject to section 86, the decision of the Supreme Court is final.
DECISION OF DIRECTOR TO CONTINUE IN FORCE PENDING APPEAL, ETC
QUESTION OF LAW TO BE DETERMINED BY SUPREME COURT
85. The Supreme Court must determine any question of law on an appeal.
FURTHER APPEAL TO COURT OF APPEAL
(2) On any appeal under subsection (1), the Court of Appeal may make such order or determination as it thinks fit.
(3) The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal to the Court, is final.
(4) Subject to this section, the procedure in respect of any appeal under this section are to be in accordance with the rules of the Court of Appeal.
EVIDENCE AND PROOF
(2) A copy of any aviation document which is certified correct by the Director is sufficient to prove that document.
(3) Evidence of the contents of the Vanuatu Register of Aircraft may be given by a certificate signed by the Director and such certificate is sufficient evidence of the matters stated in it.
(4) The production of a certificate signed by the Director to the effect that on a specified date a person or organisation was or was not the holder of any aviation document is sufficient evidence of the matter certified.
(5) Any licence granted under Part 10 may be proved by production of a copy of that licence certified to be correct by the Director.
EVIDENCE OF AIR TRAFFIC SERVICES PROVIDER
(3) A document certified by an employee of a person providing air traffic services purporting to be a computer record of the provision of air traffic services is to be admissible as if it were a document to which subsection (1) applies.
PART 8
REGISTRIES AND INFORMATION SERVICES
(2) The Director must enter in the Register such particulars as may be prescribed of an aircraft registered under paragraph 6(1)(a) .
CIVIL AVIATION REGISTRY
INFORMATION SERVICES
(2) The Director must ensure that such information and instructions are readily available to any person upon payment of a reasonable charge fixed by the Director.
PART 9
AVIATION SECURITY
.
(a) the safeguarding of international civil aviation operations against acts of unlawful interference; and
(b) the protection of persons and property from dangers arising from the commission or attempted commission of such crimes.
THE RESPONSIBILITY OF THE MINISTER
at all security designated airports and security designated navigation installations.
AUTHORISED AVIATION SECURITY SERVICE PROVIDERS
(2) A person (other than the Director) must not provide aviation security services at an airport or navigation installation, unless that person is the holder of a current aviation document issued by the Director under section 9.
FURTHER PROVISIONS RELATING TO AVIATION SECURITY SERVICES
(3) If any person already holds an aviation document entitling that person to provide aviation security services at a security designated airport or security designated navigation installation, the Minister must not give a notice under subsection (1) in respect of that airport or navigation installation without the consent of that person.
(4) The Minister may, in the event of an emergency or other crisis, appoint the Director or an aviation security service to provide aviation security services at any designated airport or security designated navigation installation notwithstanding that the operator is providing such services.
(5) Any appointment made by the Minister under subsection (4) has effect for a period specified by the Minister of not more than 10 days.
FUNCTIONS AND DUTIES OF AVIATION SECURITY SERVICES
SECURITY DESIGNATED AIRPORTS AND NAVIGATION INSTALLATIONS
(2) Any designation under subsection (1) may at any time be revoked, in whole or in part, or amended by the Minister by notice in the Gazette.
RIGHT OF ACCESS
for the purpose of exercising and carrying out his or her powers, functions and duties under this Act.
(2) Unless the aviation security officer is accompanied by an officer of the Vanuatu Police, the power of entry conferred by subsection (1) is limited to peaceful and non-forcible entry.
SECURITY AREAS
(2) A person, other than a member of the Vanuatu Police on official duties or an aviation security officer, must not enter or remain in any security area unless authorised by the Director or other person having control of it.
(3) A person in a security area must, on the request of an aviation security officer, state his or her name, address, the purpose of his or her presence in the security area, and his or her authority to enter it, and must produce satisfactory evidence of his or her name and address.
(4) If a person:
fails or refuses to provide an aviation security officer with satisfactory evidence of his or her name and address when requested by the aviation security officer; or
(b) fails to satisfy the aviation security officer that he or she is authorised to be there;
the aviation security officer may order that person to leave the aviation security area.
(5) An aviation security officer, and any person whom he or she calls to his or her assistance, may use such force as may be reasonably necessary to remove from any security area any person who fails or refuses to leave the security area, after having been ordered by an aviation security officer to do so under subsection (4).
POWERS OF ARREST
(2) An aviation security officer must deliver a person arrested as soon as may be practicable to a member of the Vanuatu Police who must accept delivery of the person.
(3) A member of the Police who accepts delivery of a person may arrest that person.
(4) An aviation security officer, and any person who at his or her request and in good faith assists an aviation security officer, may use such force as may be reasonably necessary for the purposes of subsections (1) and (2).
POWERS OF POLICE
PART 10
INTERNATIONAL AIR SERVICES LICENSING
INTERPRETATION
102. In this Part:
“capacity”, in relation to a scheduled international air service, means:
(a) the number of seats for passengers provided per week on each route (expressed either as a number of seats or in terms of aircraft equivalents); and
(b) the amount of cargo space provided per week on each route (expressed in terms of cargo aircraft equivalents);
“foreign international airline” means an air transport enterprise of a country or territory other than Vanuatu that is offering or operating a scheduled international air service or intends to offer or operate such a service;
“licence” means:
(a) a scheduled international air service licence for a Vanuatu international airline; or
(b) a scheduled international air service licence for foreign international airline; or
(c) an open aviation market licence;
“licensee” means the holder for the time being of a licence issued under this Part;
“Vanuatu international airline” means a Vanuatu air transport enterprise that is offering or operating a scheduled international air service or intends to offer or operate such a service;
“scheduled international air service” means a series of flights performed by aircraft for the transport of passengers, cargo or mail between Vanuatu and any other country or territory, being flights that:
(a) are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable; and
(b) are operated in such a manner that each flight is open to use by members of the public.
Division 2 – Requirement for licence
SCHEDULED INTERNATIONAL AIR SERVICE NOT TO BE CARRIED ON IN VANUATU EXCEPT PURSUANT TO LICENCE
DIRECTOR MAY DESIGNATE COUNTRIES OR TERRITORIES FOR OPEN AVIATION MARKET LICENCES
(a) scheduled international air services; and
(b) non-scheduled international flights engaged in the carriage of passengers, cargo, or mail for remuneration or hire;
may be carried on pursuant to and in conformity with an open aviation market licence.
Division 3 – Licensing procedure
DIRECTOR TO BE LICENSING AUTHORITY
105. Subject to the provisions of this Part, the Director is the licensing authority:
(a) to grant scheduled international air service licences to Vanuatu international airlines and to exercise jurisdiction in respect of those licences; and
(b) to grant scheduled international air service licences to foreign international airlines and to exercise jurisdiction in respect of those licences; and
(c) to grant open aviation market licences to Vanuatu international airlines and foreign international airlines and to exercise jurisdiction in respect of those licences.
APPLICATION FOR LICENCE
106. (1) An application for a licence must be lodged with the Director.
An applicant for a licence must:
- (a) supply such information and documents as may be required by the regulations or as may be specified by the Director; and
- (b) pay the prescribed fees and charges (if any).
(2) A notice must specify the period, being at least 21 days after the date of the notice, in which a person may make written submissions to the Director relating to the application.
CONSIDERATION OF APPLICATION
(2) If the granting of the licence would be contrary to any agreement, convention or arrangement referred to in paragraph (1)(a) , the Director must refuse to grant the licence.
LICENCE SUBJECT TO COUNCIL OF MINISTERS APPROVAL
(5) The Council of Ministers may confirm or reject the Director’s decision. If the Council rejects the Director’s decision, the Council may require the Director to reconsider the application as if it were a new application.
(6) Without limiting subsection (1), the Director may prescribe the following as conditions of the licence:
(a) the countries or territories, or points within those countries or territories, that may be served and the route or routes that may be followed;
(b) the maximum capacity that may be provided;
(c) a date not later than which the service is to commence.
(7) The Director must give written notice of the Council of Minister’s decision to the applicant within 7 days after that decision is made.
DURATION OF LICENCE
(2) If an application is made under section 111 for the renewal of a licence, the licence is to continue in force until the application is finally determined.
RENEWAL OF LICENCE
(2) An application for the renewal of a licence must be lodged with the Director not less than 3 months before the date on which the licence expires.
(3) Sections 106 and 109 apply to an application for the renewal of the licence as if it were an application for a new licence.
(4) The Director must give notice in the Gazette that an application for renewal of a licence has been made.
(5) The notice given under subsection (4) must specify the period, being at least 21 days after the date of the notice, in which a person may make written submissions to the Director relating to the application.
(6) A person is not entitled as of right to a renewal of licence, and in considering any application for a renewal, the Director must take into account all the matters referred to in section 108 as if the application were an application for a new licence.
(7) The renewal of the licence takes effect from the date of the expiry of the licence and may be for such term as is appropriate in the particular case.
Variation of terms and conditions of licence
(2) A variation or revocation is subject to the prior approval of the Council of Ministers.
(3) If the Director proposes to exercise the power under subsection (1), the Director must give the licensee not less than 21 days notice in writing of the Director’s intention to exercise that power.
(4) If any proposed variation involves:
(a) a change or addition to the route or routes to be operated; or
(b) an increase in the capacity of the service to be provided;
pursuant to the licence, the Director must, by notice in the Gazette, specify the period, being at least 21 days after the date of the notice, in which a person may make written submissions to the Director regarding the proposed variation.
(5) In considering any variation referred to in subsection (4) , the Director must take into account all the matters referred to in section 108 as if the variation were an application for a new licence.
(6) If the Director has varied the terms or conditions of any licence under this section, the Director must give notice in the Gazette of the terms of that variation.
TRANSFER OF LICENCE
An application for the transfer of a licence must be lodged with the Director not less than 3 months before the date of the proposed transfer.
(4) The Director must give notice in the Gazette specifying the period, being at least 21 days after the date of the notice, in which a person may make written submissions to the Director relating to the application.
(5) In considering the application for the transfer of the licence, the Director must take into account all the matters referred to in section 108 as if the application were an application for a new licence.
Division 4 - Requirements on Licensees
INSURANCE COVER AGAINST LIABILITY
RETURNS TO BE FURNISHED
Division 5 - Suspension and revocation of licences
REVOCATION OF LICENCES
(2) In this section, “international convention, agreement or arrangement” means any convention, agreement or arrangement
between the Government of Vanuatu and the Government of any other country (whether or not any other Government is a party).
Division 6 - Non-scheduled international flights and other matters
COMMERCIAL NON-SCHEDULED INTERNATIONAL FLIGHTS NOT TO BE OPERATED EXCEPT AS AUTHORISED BY DIRECTOR
PROVISIONS OF THIS PART IN ADDITION TO REQUIREMENTS OF REGULATIONS AND RULES
PART 11
INTERNATIONAL AIR CARRIAGE COMPETITION
“capacity” means a statement, expressed to apply to one or more specified airlines specifying the number of flights to be undertaken between specified points in a period or successive periods by the airline or airlines;
“commission regime” has the meaning given by subsections (2) and (3);
“international carriage by air” means the carriage by air of persons, baggage or cargo :
(a) between Vanuatu and any place outside Vanuatu; or
(b) between places outside Vanuatu if that carriage is purchased, sold or arranged in Vanuatu;
“tariff” means a statement expressed to apply to one or more airlines specifying:
(a) the fares, rates and charges applicable to international carriage by air between specified points (whether direct or indirect, and whether or not including any stopovers) that may at any time be provided by the airlines to which it is expressed to apply; and
(b) any conditions subject to which any such fares, rates or charges are to apply to international carriage by air between those points.
(2) A statement is a commission regime if the statement is expressed to apply to any specified international carriage by air and it specifies:
- (a) the rates and bases of calculation of agency commissions (including any benefit, whether in monetary form or otherwise, supplied to an agent) to be allowed in relation to that international carriage by air; and
- (b) the circumstances under, and conditions subject to which, any such commission is to be allowed.
(3) Without limiting subsection (2), a commission regime may specify different rates, bases, circumstances and conditions in respect of all or any of the following:
- (a) international carriage by air provided by different airlines;
- (b) international carriage by air arranged by persons at different classes;
- (c) international carriage by air provided for persons of different classes.
AUTHORISATIONS OF CONTRACTS, ARRANGEMENTS AND UNDERSTANDINGS RELATING TO INTERNATIONAL CARRIAGE BY AIR
(2) In considering whether to grant an authorisation under subsection (1), the Director must ensure that the granting of such authorisation will not prejudice compliance with any relevant international convention, agreement or arrangement to which the Government of Vanuatu is a party.
(3) An authorisation must not be given to any provision of any contract, arrangement or understanding that:
(a) provides that any party to it may enforce it through any form of action by way of fines or market pressures against any person;
(b) has the purpose or effect of breaching the terms of a commission regime issued under section 122; or
(c) unjustifiably discriminates between consumers of international air services in the access they have to competitive tariffs; or
(d) so far as it relates to tariffs, has the effect of excluding any supplier of international carriage by air from participating in the market to which it relates; or
(e) has the purpose or effect of preventing any party from seeking approval, in terms of section 123, for the purpose of selling international carriage by air at any other tariff so approved; or
(f) prevents any party from withdrawing without penalty on reasonable notice from the contract, arrangement, or understanding.
DIRECTOR MAY ISSUE COMMISSION REGIMES
122. The Director may by notice in the Gazette:
(a) issue commission regimes; and
(b) amend or revoke any commission regime so issued.
AUTHORISATION OF TARIFFS BY DIRECTOR
(2) In giving authorisation under this section, the Director must have regard to:
(a) whether the proposed tariff is excessive in terms of a reasonable return on investment by the supplier of the carriage; and
(b) whether it is likely that supply of the relevant carriage can be carried on for a reasonable period at the level of the tariff proposed; and
(c) whether there is likely to be a substantial degree of benefit accruing to consumers generally, or to a significant group of consumers, as a result of the application of the proposed tariff;
and must ensure that the granting of such authorisation will not prejudice compliance with any international convention, agreement, or arrangement to which the Government of Vanuatu is a party.
PART 12
MISCELLANEOUS PROVISIONS
(2) However, any liquor sold to a passenger at an international airport must not be delivered by or on behalf of the passenger to any other person within Vanuatu or consumed within Vanuatu unless it has been dealt with by the passenger in accordance with the relevant customs legislation.
(3) The Minister may make regulations for either or both of the following purposes:
(a) prescribing the circumstances and conditions relating to the control of the sale of liquor at airports to passengers on aircraft departing from or arriving at the airport who are at least 18 years old;
(b) prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this section, and prescribing fines, not exceeding 80,000 VT, that may, on summary conviction, be imposed in respect of any such offence.
(4) A person who does any act in contravention of this section commits an offence and is liable on conviction to a fine not exceeding 160,000 VT.
MINISTER MAY PROHIBIT SMOKING ON AIR ROUTES
125. (1) For the purposes of this section and sections 126 and 127:
“Vanuatu airline” means a Vanuatu air transport enterprise that is offering or operating a scheduled international or domestic air service or a non-scheduled international or domestic flight.
(2) The Minister may by notice in the Gazette:
(a) designate any one or more international or domestic air routes, or class or classes of international or domestic air routes, or all international or domestic air routes generally, as non-smoking routes; and
(b) exempt any specified route or part of a route from any designation imposed by the Minister in accordance with paragraph (a), subject to any conditions that the Minister thinks fit.
(3) The Minister must, before giving any notice under subsection (2) , consult with the Vanuatu airlines that will be affected by the notice.
(4) A Vanuatu airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route must ensure that:
(a) there are prominent notices displayed in the aircraft indicating that smoking is not permitted; and
(b) an announcement is made to passengers on the aircraft at the commencement of each journey on the route advising that smoking is not permitted.
(5) A Vanuatu airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route must not permit any person to smoke on that aircraft.
(6) A person must not smoke while on any aircraft operated by a Vanuatu airline carrying passengers on any route designated as a non-smoking route.
OFFENCES IN RESPECT OF SMOKING ON FLIGHTS
(2) A Vanuatu airline commits an offence if it, without reasonable excuse, permits any person to smoke in contravention of subsection 125(5).
(3) A person commits an offence if he or she smokes in contravention of subsection 125(6).
(4) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine not exceeding 500,000 VT.
(5) A person who commits an offence under subsection (3) is liable on conviction to a fine not exceeding 50,000 VT.
PROCEDURE FOR OFFENCE IN RESPECT OF SMOKING ON FLIGHTS
(a) an aviation security officer; or
(b) a member of the Vanuatu Police.
(2) The aviation security officer or the member of the Police, as the case may be, (in this section referred to as “the informant”) may prepare a notice of prosecution in respect of the alleged offence.
(3) In the case of an alleged offence on an international flight, the defendant must, on request by the informant, produce his or her passport to the informant for the purpose of enabling the informant to verify the identity of the defendant.
(4) A passport produced by the defendant to the informant under subsection (3) must be inspected immediately and returned to the defendant as soon as the inspection has concluded.
(5) The informant must, either before or after the defendant disembarks from the aircraft, serve a copy of the notice on the defendant.
(6) If a notice of prosecution is served on a defendant in accordance with subsection (5), the notice is taken to have been filed at the nearest Magistrates Court and to have been served on the defendant.
(7) The informant must, within 5 working days of the date on which the informant serves the notice of prosecution on the defendant, file a copy of the notice in the nearest Magistrates Court.
NUISANCE, TRESPASS AND RESPONSIBILITY FOR DAMAGE
damages are recoverable from the owner of the aircraft, without proof of negligence or intention or other cause of action, as if the damage or loss was caused by the owner’s fault.
(4) Subsection (3) does not apply if the damage or loss was caused by or contributed to by the fault of the person by whom it as suffered.
(5) For the purposes of this section, “fault” means negligence, breach of statutory duty, or other act or omission which gives rise to a liability in tort or would give rise to the defence of contributory negligence.
REGULATIONS
(i) in the case of an individual, must be a fine not exceeding 100,000 VT; or
(ii) in the case of a body corporate, must be a fine not exceeding 500,000 VT;
(e) prescribing the infringement fee for an offence prescribed under paragraph (c) which:
(i) in the case of an individual must not exceed 200,000 VT; or
(ii) in the case of a body corporate, must not exceed 1,000,000 VT;
(f) prescribing the matters in respect of which fees or charges are to be payable under Part 10, the amount of the fees or charges, and the persons liable on conviction to pay them;
(g) prescribing the information and documents that may be required to be supplied by applicants for licences under Part 10, and the time within which such information or documents must be supplied;
(h) such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.
(2) Any regulations made under this Act may be so made that different regulations apply with respect to:
- different classes of persons, airports, aircraft, aeronautical products, aviation related services, or aeronautical procedures; or
- (b) the same class of person, airport, aircraft, aeronautical product, aviation related service, or aeronautical procedure in different circumstances.
REPEAL OF ACTS AND SAVINGS
COMMENCEMENT
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URL: http://www.paclii.org/vu/legis/num_act/caa1999154