TONGA

AIRCRAFT OFFENCES (AMENDMENT) ACT 2005

Act 16 of 2005

AN ACT TO AMEND THE AIRCRAFT OFFENCES ACT

I assent,

'ULUKALALA LAVAKA ATA,
10th January, 2006

[6th October, 2005]

BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Aircraft Offences (Amendment) Act 2005.

(2) The Aircraft Offences Act (CAP. 153), as amended, is in this Act referred to as the Principal Act.

2. The Long Title to the Principal Act is amended by inserting, after the words "AN ACT TO GIVE EFFECT TO", the words "THE CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT;".

3. The Principal Act is amended by adding, after section 3, the following new sections:

Section 3A Aircraft Offences (Amendment) Act 2005

"3A. Disembarkment and delivery of person

The commander of an aircraft may disembark any person on board an aircraft in any country in which the aircraft may be if the commander:

(a) has reasonable grounds to believe that person is about to do any act mentioned in section 3(2)(a); or

(b) believes that it is necessary to do so in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft.

(2) Any person disembarked under section 3(2)(b) may be delivered by the commander:

(a) in the Kingdom, to a police officer; or

(b) in any other country that is a party to the Convention on Offences and Certain Other Acts Committed on Board Aircraft, to an officer having functions corresponding to the functions of either a police officer or of an immigration officer in the Kingdom.

If the person is delivered to a police officer such officer shall take the person into custody and deal with him according to law.

3B. Reporting and notification obligations

(1) The Commander of an aircraft

(a) if he disembarks a person under section 3A(2), from a Tongan controlled aircraft, in any country or, from any other aircraft, in the Kingdom, shall report the fact of, and the reason for, the disembarkation to-

(i) an appropriate authority in the country of disembarkation; or

(ii) the appropriate diplomatic or consular office of the country of nationality of that person; and

(b)	(i) if he intends to deliver a person under section 3A(2) in the Kingdom or, from a Tongan controlled aircraft, in any other country that is a party to the Convention on Offences and Certain Other Acts Committed On Board Aircraft, shall, before or as soon as reasonably practicable after landing, give notification of his intention and of the reasons if the country is the Kingdom, to a police officer or immigration officer or, in any other country, to an officer having functions corresponding to the functions either of a police officer or of an immigration officer in the Kingdom; and

(ii) in either case to the appropriate diplomatic or consular office of the country of nationality of the person; and

shall give to the appropriate authority evidence in his possession about the person's behaviour.

(2) A commander of an aircraft, who without reasonable cause, fails to comply with the requirements of this section, commits an offence and upon conviction shall be liable to imprisonment for a term not exceeding 10 years.

3C Indemnity

A person who exercises a power, including restraint, on another person in accordance with this Act in good faith is not guilty of an offence and is not liable to civil proceedings for the exercise of that power."

4. Section 4(1) of the Principal Act is amended by adding, after subparagraph (f), the following subparagraphs:

"(g) performs an act of violence against a person at an international airport that causes or is likely to cause serious injury or death;

(h) destroys or seriously damages the facilities of an international airport or an aircraft not in service located there or disrupts the services of an airport."

5. Section 8(5) of the Principal Act is amended by deleting the figure "5" and substituting the figure "20".

6. The Principal Act is amended by adding, after Section 11, the following new section:-

"12 Specified aircraft

The Minister of Civil Aviation may, with the consent of Cabinet, by notice in the Gazette, declare that a specified aircraft is taken to be registered in a specified country, being a country that is a party to the Convention on Offences and Certain Other Acts Committed On Board Aircraft, if he is satisfied that the requirements of Article 18 of that Convention have been satisfied."

Passed in the Legislative Assembly 6 October, 2005.

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