Law Revision (Miscellaneous Amendments) Act 2004

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
No. 6 of 2004. The Law Revision (Miscellaneous 1 ANTIGUA
Amendments) Act, 2004. AND

BARBUDA

[ L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

10th September, 2004.

ANTIGUA AND BARBUDA

No. 6 of 2004

AN ACT to amend the provisions of certain Acts of Parliament.

[ Published in the Oflcial Gazette Vol. XXIV
No. 66 dated 16th September, 2004. ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Law Revision (Miscellaneous Short title.
Amendments) Act, 2004.

2. The Firearms Act is amended - Amendment of
Firearms Act

(a) in section 2 (1) by the insertion of the following Cap. 171.
definition:

"Firearms Licensing Committee" means the
Committee established by section 15A.

(6) by the insertion, in Part I1 immediately before sec-
tion 16, of the following:

"Firearms Licens- 15A. (1) There is hereby established a Fire-
ing Committee. arms Licensing Committee (in this Act re-

ANTIGUA 2 The Law Revision (Miscellaneous No. 6 of 2004.
AND Amendments) Act, 2004.

BARBUDA

ferred to as "the Committee") which shall con-
sist of -

(a) the Commissioner of Police or, in
his absence, the Deputy Cornrnis-
sioner of Police, who shall be the
Chairman;

(b) the Commander of the Antigua
and Barbuda Defence Force or, in
his absence, an officer of the De-
fence Force, not below the rank
of Captain, authorised by the
Commander; and

(c) one other person appointed by the
National Security Council estab-
lished by Cap. 132 of the Defence
Act.

(2) The functions of the Committee shall
be -

(a) to consider applications for li-
cences, certificates and permits
under this Act and where appro-
priate, to grant or revoke such li-
cences, certificates and permits;
and

(b) to perform such other functions as
the Committee is authorised, by
or under this Act to perform.

(c) in sections 17, 18, 19,20,21,22
and 23 by the deletion of all ref-
erences to the Commissioner of
Police and the substitution of ref-
erences to the Firearms Licensing
Committee.

Amendment of 3. Section 28 of the Police Act is repealed and the following
the Police Act -
Cap. 330.

No. 6 of 2004. The Law Revision (Miscellaneous 3 ANTIGUA
Amendnents) Act, 2004. AND

BARBUDA

"No bail to be 28. (1) Nothing contained in section 26 or
granted in 27 shall be construed as authorising a police
eases.

officer to take bail for any person charged with
any of the following offences:

(a) high treason, misprison of treason
and treasonable felony;

(b) murder or attempted murder;

(c) robbery or robbery with aggrava-
tion involving the use of a fire-
=;

(4 an offence involving the posses-
sion or use of an offensive
weapon;

(e) unlawful possession of a firearm Cap. 171.
or ammunition or unlawful use of
a firearm, contmy to any provi-
sion of the Firearms Act;

@ contravention of any condition Cap. 171.
attached to a licence, certificate
or permit granted under the Fire-
arms Act;

(g) unlawful importation of firearms Cap. 17 1.
contrary to the provisions of the
Firearms Act or any other law;

fi) offences under the Sexual Of- No. 9 of 1995.
fences Act.

(2) In paragraph (d) of subsection (I), "of-
fensive weapon" includes any article made or
adapted for or capable of causing bodily harm
or damage to property and intended by the
person having it with him for that use by him."

ANTIGUA 4 The Law Revision (Miscellaneous No. 6 of 2004.
AND Amendments) Act, 2004.

BARBUDA

Amendment of 4. Section 30 of the Sexual Offences Act, 1995 is repealed.
the Sexual
Offences Act
No. 9 of 1995.

Amendment of
the Small
Charges Act
Cap. 405.

5. The Small Charges Act is amended as follows -

(a) in section 9, delete "five hundred" and "one month"
and substitute therefor "two thousand" and "three
months";

(b) in section 12, delete "five hundred" and "one month"
and substitute "five thousand" and "six months";

(c) in section 13 (I), delete '%vo thousand" and "six
months" and substitute therefor "five thousand" and
"twelve months";

(d) in section 18 (5), delete "two hundred and fifty" and
substitute "five thousand;

(e) in section 20, delete "one hundred and substitute
"two thousand or to imprisonment for a term not
exceeding three months";

in section 23 (2), delete "five hundred" and "three
months" and substitute "five thousand and "six
months";

(g) in section 29, delete "five hundred and "six months"
and substitute "five thousand and "twelve months";

(72) in section 33, delete "two thousand" and substitute
"five thousand";

(i) in section 37, delete "not exceeding five hundred
dollars" and substitute "not exceeding five thousand
dollars or to imprisonment not exceeding twelve
months";

) in section 38 (I), delete "two thousand dollars" and
insert "five thousand dollars or imprisonment for a
term not exceeding twelve months";

No. 6 of 2004. The Law Revision (Miscellaneous 5 ANTIGUA
Amendments) Act, 2004. AND

BARBUDA

(k) in section 38 (2), delete "twelve months" and insert
'Ywo years";

(1) in section 46 (I), insert after the word "conviction"
the words "to a fine not exceeding five thousand
or";

(m) in section 46 (3), delete '"two thousand" and "nine
months" and substitute "five thousand" and "twelve
months";

(n) in section 48, delete "two thousand" and "nine
months" and substitute "five thousand" and "twelve
months";

(0) in section 53, insert after the word "liable" the words
"to a fine not exceeding three thousand" and delete
the words ''three months" and insert "six months";

(p) in section 54, insert afier the word "liable" wher-
ever these occur and substitute the words "to a fine
not exceeding three thousand or7';

(q) in section 55, delete "two thousand" and "nine
months" and substitute "five thousand" and "twelve
months";

(r) in section 56, insert after the word "liable" the words
"to a fine not exceeding five thousand" or.

Passed the House of Representatives this 26th Passed the Senate this 3rd day
day of August, 2004. of September, 2004.

D. Giselle Isaac-Arrindell,
Speakel:

Dr. Edmond A. Mansoor,
President.

Y. Henry, Y. Henry,
Acting Clerk to the House of Acting Clerk to the Senate.

Representatives.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

- By Authority, 2004.
800 - 9.04 [ Price $2.60 ]

Related Laws