CIVIL AVIATION BILL 1997 1998 Civil Aviation No.4
SAMOA
Arrangement of Provisions
Changes incorporated by
Graham B. Powell on
22/10/1997.
Title
1. Short tTitle
and cCommencement
2. Interpretation
3. Act to bind the State
4. Application of Act
5. Civil Aviation Authority
PART 1
Functions, Powers, and Duties
of ParticipantsPariticpants in
the Civil Aviation System
6. Functions of Minister
7. Functions of Secretary
8. Director of Civil
Aviation
9. Director may require or
carry out safety and
security inspections and
monitoring
10. Powers of the Director
to suspend aviation
document or impose
conditions
11. Power of Minister to
revoke aviation
document
12. Criteria for action taken
under section 10 or
section 11
13. Power of Minister to
amend or revoke
aviation document in
other cases
14. Power of Director to
detain aircraft, seize
aeronautical products
and impose prohibitions
and conditions
15. Delegation of Minister’s
or Director’s functions
or powers to employees
of Ministry
16. Delegation of Minister’s
functions or powers to
persons outside Ministry
17. Duties of pilot-in
command
Civil Aviation Act 1998, No.4
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18. General requirements for
participants in civil
aviation system
19. General power of entry
20. Powers of entry of
Airport Authority
21. Obligation to notify all
accidents and incidents
22. Minister to notify
accidents and incidents
to the Secretary and
Director
PART II
Entry into the Civil Aviation
System
23. Requirement to register
aircraft
24. Requirement for aviation
document
25. Application for aviation
document
26. Grant or renewal of
aviation document
PART III
Rules
27. Power of Head of State
to make ordinary rules
28. Rules relating to safety
and security
29. Rules relating to general
matters
30. Power of Director to
make emergency rules
31. Procedures relating to
rules
32. Matters to be taken into
account in making rules
33. Procedure for making
ordinary rules
34. Procedure for making
emergency rules
35. Incorporation by
reference
36. Exemption power of
Director
PART IV
Fees and Charges
37. Fees and charges
38. Payment of fees and
charges
39. Suspension or revocation
of aviation document for
failure to pay fees or
charges
40. Recovery of fees and
charges for aviation
related services
PART V
Offences and Penalties
Safety Offences
41. Endangerment caused by
holder or aviation
document
42. Dangerous activity
involving aircraft,
aeronautical product, or
aviation related service
43. Court may disqualify
holder of aviation
document or impose
conditions on holding of
document
44. Acting without
necessary aviation
document
45. Additional penalty for
offences involving
commercial gain
General Offences
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46. Applying for Aviation
Document while
disqualified
47. Communication false
information or failing to
disclose information
relevant to granting or
holding of aviation
document
48. Obstruction of persons
duly authorised by
Minister
49. Trespass
50. Failure to maintain
accurate records
51. Contravention of
emergency rule,
prohibition, or condition
Security Offences
52. Security area offences
53. Personation or
obstruction of aviation
security officer
54. Communicatingon false
information affecting
safety
Disqualification
55. Effect of disqualification
56. Commencement of a
period of
disqualification
57. Retention and custody of
document
58. Removal of
disqualification
59. Particulars of
disqualification orders,
etc., to be sent to
Secretary
60. Appeals against
disqualification
Offences Punishable on
Summary Conviction
61. Offences to be
punishable on summary
conviction
PART VI
Rights of Appeal
62. Appeal to Magistrates
Court
63. Procedure
64. Decision of Minister or
Director to continue in
force pending appeal,
etc.,
65. Appeal to Supreme
Court on the question of
law
66. Further appeal to Court
of Appeal
67. Evidence and proof
68. Evidence of air traffic
services provider
PART VII
Registries and Information
Services
69. Samoa Register of
aircraft
70. Civil Aviation Registry
71. Information services
PART VIII
Aviation Security
72. Aviation Security
73. The responsibility of
Minister
74. Authorised aviation
security services
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75. Functions and duties of
aviation security services
76. Security designated
aerodromes and
navigaation installations
77. Rights of access
78. Security areas
79. Powers of arrest
80. Arrest of persons
delivered to Police
81. Powers of Police
PART IX
Air Service Operations
82. Offence to carry on air
service without licence,
etc.
83. Applications for licences
84. Public notice to be given
of application
85. Consideration of
application
86. Grant of licence, etc.
87. Condition applying to
licences
88. Form and effect of
licence
89. Register of licences, etc.
90. Surrender and
cancellation of
licencelicenses
91. Duration and renewal of
licences
92. Inquiry into operation of
licences and breach of
conditions
93. Enforcing orders for
costs and expenses
94. Appeals from decision
of Minister
95. Persons entitled to
appeal
96. Hearing of appeal
97. Determination of appeal
98. Appeal to Court of
Appeal
99. Rights of licencelicensee
pending determination of
appeal
General Provisions
100. Service of notices
101. Prosecution of offences
102. Powers of authorised
persons
103. Evidence and proof
104. RegulationsRegulations
PART X
Aviation Crimes
105. Hijacking
106. Crimes in connection
with hijacking
107. Other crimes relating to
aircraft
108. Crimes deemed to be
included in extradition
treaties
109. Surrender of offenders
110. Application of sections
105, 106, and 107
111. Application of certain
provisions of Crimes
Ordinance 1961
Taking Firearms, Explosive,
etc,.
on to Aircraft
112. Taking firearms,
explosive, etc., on to
aircraft
Search of Passengers, Baggage
and Cargo
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113. Search of passengers,
baggage, and cargo
114. Search of persons
declining to allow search
115. Evidence of offences
Powers of Aircraft Commander
116. Powers of aircraft
commander
117. Arrest of persons
delivered to Police
118. Power to search persons
on aircraft
Miscellaneous Provisions
119. Attorney-General’s
consent required for
prosecutions
120. Aircraft in military,
customs, or police
service
121 Joint registration of
aircraft
PART IXI
Miscellaneous Provisions
122. Nuisance, trespass, and
responsibility for
damage
123. Indemnity in respect of
certain messages
124. Aairport Authority to be
sole provider of air
traffic services
125. Flight over foreign
country without
authority or proper
purpose
126. General
RegulationsRegulations
127. Other Acts not affected
PART XII
Accident Inquiry
128. Notification of accidents
129. Custody of aircraft
involved in accidents
130. Constitution of Board of
Inquiry
131. Duties of Board of
Inquiry
132. Accidents to aircraft of
other states
133. Accidents outside
Samoa territory
134. Report on inquiry
135. Right of access over
private lands
136. Effect to Regulations
PART XIII
Adoption of Foreign
Regulations and Codes
137. Power to adopt foreign
Rules
138. Regulations Ordinance
1953 modified
139. Foreign Rules to remain
in force
140. Application of foreign
rules delayed
PART XIV
Savings and Repeals
141. Saving of Licences,
inquiries, etc.,
142. Repeal of Acts and
Regulations
Schedule
__________.
Civil Aviation Act 1998, No.4
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19987, No. 4
A BILL INTITULED
AN ACT to establish rules of operation and divisions of
responsibility within the Samoa civil aviation system in
order to promote aviation safety; and to ensure that
Samoa’s obligations under international aviation
agreements are implemented; and to consolidate and
amend the law relating to civil aviation in Samoa.
(19 June 1998)
BE IT ENACTED by the Legislative Assembly of Western
Samoa in Parliament assembled as follows:-
1. Short title and commencement - (1) This Act
may be cited as the Civil Aviation Act 1998.
(2) This Act shall come into force upon the
publication by the Minister, of a notice to that effect in the
Samoa Gazette, and any such notice may bring into force any
designated sections or Parts of this Act.on the xx day of xx
1997.
2. Interpretation - 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
-
1998, No.4 Civil Aviation Act
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(a) A person is fatally or seriously injured as
a result of -
(i) bBeing in the aircraft; or
(ii) dDirect contact with any part of the
aircraft, including any part that has become
detached from the aircraft; or
(iii) dDirect 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 -
(ii) aAdversely affects the structural strength,
performance, or flight characteristics of the
aircraft; and
(ii) wWould 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:
“ Aerodrome” means -
(a) aAny defined area of land or water intended or
designed to be used either wholly or partly for
the landing, departure, and surface movement of
aircraft; and
(b) Includes any buildings, installations, and
equipment on or adjacent to any such area used
in connection with the aerodrome or its
administration.:
Civil Aviation Act 1998, No.4
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“Aerodrome control service” means an air traffic control
service provided for the control of aerodrome
traffic:
“Aerodrome 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 aerodrome:
“Aerodrome traffic” means -
(a) All traffic in the manoeuvring area of an
aerodrome; and
(b) All aircraft flying in the vicinity of an
aerodrome.:
“Aerodrome traffic circuit” means the pattern flown by
aircraft operating in the vicinity of an aerodrome:
“Aeronautical product
“Aeronautical product” means anything that comprises or
is intended to comprise any part of an aircraft or
that 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 that can derive support in
the atmosphere from the reactions of the air
otherwise than by the reactions of the air against the
surface of the earth:
“Aircraft flying in the vicinity of an aerodrome” means any
aircraft that is in, entering, or leaving an aerodrome
traffic circuit:
“Air service” means an air transport service or an aerial
work service, whether regular or casual:
1998, No.4 Civil Aviation Act
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“Air service operations” means any operations by aircraft
for the carriage of passengers, mail, or cargo for
hire or reward:
“Air traffic” means all aircraft in flight or operating on any
manoeuvring area of an aerodrome:
“Air traffic control service
“Air traffic control service” means a service provided for
the purposes of -
(a) P preventing collisions -
(ii) 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 -
(a) Any aerodrome control service;:
(b) Any area control service;:
(c) Any approach control service;:
(d) Any flight information service;:
(e) Any aerodrome flight information service;:
(f) Any alerting service;:
(g) Any other air traffic service considered by the
Minister to be necessary or desirable forth 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:
“Area control service” means an air traffic control service
provided for controlled flights in controlled
airspace:
“Aviation document” means any licence, permit,
Civil Aviation Act 1998, No.4
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certificate, or other document issued under this Act
to or in respect of any person, aircraft, aerodrome,
aero-nautical 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 Airport Authority:
“Civil Aviation Act 1963” includes all Regulations made
thereunder at any time:
“Civil Aviation Registry” means the Registry established
under section 70 of this Act:
[''Civil Aviation Manager" means the Civil Aviation Manager
appointed in accordance with section 17 of the Airport
Authority Act 1984:
Above probably deleted with the proposed change to
this title; to become Manager, Airport Authority with
consequential change to the Airport Authority Act. A-
G Office attention here !! ]
“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” mMeans the Convention on International
Civil Aviation signed at Chicago on the 7th day of
1998, No.4 Civil Aviation Act
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December 1944; : and
(ab) Includes -
(ii) aAny amendment to the Convention
which has entered into force under Article 94 (a) of
the Convention and has been ratified by Samoa; and
(ii) a Any Annex or amendment thereto
accepted under Article 90 of the
Convention; and
(iii) t 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.:
“Director” means the person who is for the time being the
Director of Civil Aviation appointed under section 8
of this Act:.
“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“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
Civil Aviation Act 1998, No.4
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traffic where the formalities incident to customs,
immigration, public health, animal and plant
quarantine, and similar procedures are carried out:
“Judicial officer” means a Magistrate,s Court Judge, or a
Court Registrar (other than a member of the Police):
“Manager, Airport Authority” means the Civil Aviation
Manager appointed under section 17 of the Airport
Authority Act 1984 and such Act shall be hereby
amended by replacing the words “Civil Aviation
Manager” with the words “Manager, Airport
Authority” whereverwhereever they appear:.
“Manoeuvring area” means -
(a) Tthat part of an aerodrome 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
(b) Ddoes not include areas set aside for loading,
unload-ing or maintenance of aircraft.:
“Minister” means the Minister of Transport:
“Ministry” means the Ministry of Transport:
“Navigation installation” -
(a) Means any building, facility, work, apparatus,
equip-ment, or place, (whether or not part of an
aerodrome) that is intended to assist in the
control of air traffic or as an aid to air
navigation; and
(b) Includes any land adjacent, equipment, or place
and used in connection therewith.:
“Operate”, in relation to an aircraft, means to fly or use the
aircraft, or to cause or permit the aircraft to fly, be
used, or be in any place, whether or not the person
1998, No.4 Civil Aviation Act
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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 or by
Regulationsregulations or rules made under this
Act:
“Rules” means ordinary rules made by the Minister and
emergency rules made by the Director under Part III
of this Act:
“Samoa registered aircraft” means any aircraft that is for
the time being registered by the Minister under
section 23 (1) (a) of this Act:
“Samoa Register of Aircraft” means the register of that
name that is established under section 69 of this
Act:
“Secretary” means the Secretary for Transport:;
“Security area” means an area that the Minister has
declared to be a Security area under section 78 of
this Act:
“Security designated aerodrome” means an aerodrome for
the time being designated as a security aerodrome
under section 76 of this Act:
“Security designated navigation installation” means a
Civil Aviation Act 1998, No.4
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navigation installation for the time being designated
as a security navigation installation under section 76
of this Act:.
“The Hague Convention” means the Convention for the
Suppression of Unlawful Seizure of Aircraft, done
at the Hague on the 16th day of December 1970:
“The Montreal Convention” means the Convention for the
Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on the 23rd day of
September 1971:
“The Tokyo Convention” means the Convention on
Offences and Certain Other Acts Committed on
Board Aircraft, done at Tokyo on the 14th day
of September 1963:
“Samoa registered aircraft” means any aircraft that is for the
time being registered by the Minister under section 23
(1) (a) of this Act:
“Samoa Register of Aircraft” means the register of that name
that is established under section 69 of his Act:
3. Act to bind the State - This (1) Subject to
subsection (2) of this section, this Act shall bind the State.
(2) Except as otherwise expressly provided for in
this Act or any other Act, or in any regulation or rules made
under this Act ,nothing in this Act or in any regulations or rules
made under this Act shall apply to the Samoa Police
Force.
[ Note for A-G office, excluding Police may be too extreme -
you shall need to advise on this. ]
4. Application of Act - (1) This Act and all
Regulationsregulations and rules made under this Act shall
1998, No.4 Civil Aviation Act
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apply to the following -:
(a) Every person, aircraft, aerodrome, aeronautical
product, air service, and aviation related service,
in Samoa;.
(b) Every Samoa registered aircraft whether within
or outside Samoa;:
(c) Every holder of an aviation document whether
within or outside Samoa and exercising or
purporting to exercise privileges accorded by
that document;:
(d) Every foreign registered aircraft operating in
Samoa.
(2) Notwithstanding subsection (1) of this section
the Minister, acting on the recommendation of the Ministry
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 Samoa registered aircraft
operated by that foreign operator that the
Ministry or the Director has under this Act or
Regulationsregulations or rules made under this
Act;:
(b) Vest in the Ministry or the Director, as the case
may require, all or part of the responsibility for
foreign registered aircraft operated by a Samoa
operator that arises under this Act or
Regulationsregulations or rules made under this
Act.:
(3) Except where an act or omission is required in
order to comply with the laws of any foreign state, every holder
of an aviation document who, while outside Samoa and
exercising or purporting to exercise the privileges accorded by
that document, commits an act or omission that would
constitute an offence if it were committed in Samoa, shall be
deemed to have committed an offence under this Act and may
Civil Aviation Act 1998, No.4
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be proceeded against in Samoa as if the act or omission had
occurred within Samoa.
(4) Nothing in this section shall be interpreted as
requiring a person or aircraft to contravene or be operated in
contravention of a law of a foreign state that applies to or in
respect of the person or aircraft.
((5) Nothing in this Act shall 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.
5. Civil Aviation Authority - (1) For all purposes,
including the international convention obligations of Samoa, the
Ministry of Transport shall be the Civil Aviation Authority for
Samoa.
(2) No company or other body shall be incorporated
or registered under a name that contains the words “Civil
Aviation Authority” or under any other name that, in the
opinion of the Registrar of Companies, or within the provisions
of the Trade Marks Act 1972, that so resembles such a name as
to be likely to deceive.
(3) Nothing in subsection (2) of this section shall
apply to the Ministry or to any person who is appropriately
authorised by the Minister.
PART 1
Functions, Powers, And Duties Of
ParticipantsParticapants
In The Civil Aviation System.
1998, No.4 Civil Aviation Act
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6. Functions of Minister- (1) The principal
function of the Minister under this Act shall be to promote
safety in civil aviation and to ensure that Samoa’s obligations
under international civil aviation agreements are
implemented.
(2) Without limiting subsection (1) of this section,
the Minister shall also have the following functions -:
(a) To administer Samoa’s participation in the
Convention and any other international aviation
convention, agreement, or understanding to
which the Government of Samoa is a party;:
(b) To establish procedures relating to entry into the
Samoa civil aviation system, and to exercise
control over that entry through the granting of
aviation documents;:
(c) To monitor adherence to safety and security
standards within the civil aviation system;:
(d) To ensure regular reviews of the civil aviation
system to promote the improvement and
development of its safety and security;:
(e) To initiate any investigation and review of civil
aviation accidents and incidents in hishis or her
capacity as the responsible safety and security
authority and ensure all such accidents and
incidents are investigated by an appropriate and
competent organisation;:
(f) To maintain and preserve records and documents
relating to activities within the civil aviation
system, and in particular to maintain the Samoa
Register of Aircraft and the Civil Aviation
Registry;:
Civil Aviation Act 1998, No.4
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(g) To prepare, publish and maintain a National
Aviation Security Program and ensure its
implementation within the aviation system;:
(h) To ensure the collection, publication, and
provision of charts and aeronautical information,
and to enter into arrangements with any other
person or organisation to collect, publish, and
distribute such charts and information;:
(ii) Take such action as may be appropriate in the
public interest to enforce the provisions of this
Act and of Regulationsregulations and rules
made under this Act, including the carrying out
of inspections and monitoring;.
(j) For the purpose of granting or renewing aviation
documents in respect of flight crew or aircraft
maintenance personnel under this Act, the
Minister 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.
7. Functions of Secretary - The Secretary shall have and
may exercise such functions, powers and duties as may be
conferred or imposed on the Secretary by this Act, and as may
be delegated by the Minister under section 15 of this Act. The
Secretary, when exercising any function or power conferred by
any section of this Act may shall seek advice and guidance from
the Minister or qualified aviation advisers from within Samoa
or from an ICAO recognised Civil Aviation Authority outside
Samoa.
8. Director of Civil Aviation - (1) The MinisterPublic
1998, No.4 Civil Aviation Act
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Service Commission shall appoint under the Public Service Act
1977, as a a person to hold the Office of Director of Civil
Aviation, such appointment to be made under the provisions of
the Public Service Act 1977..
(2) The Director shall have and may exercise such
functions, powers, and duties as may be conferred or imposed
on the Director by this Act, and as may be delegated under
section 15 of this Act.
(3) Subject to this Act, the Director shall, in the
course of performing hishis or her functions or when exercising
hishis or her powers, consider whether these could be more
efficiently or effectively delegated or contracted out to
appropriate organisations or persons selected following a
competitive process.
(4) Without limiting subsection (2) of this section,
where the Director believes on reasonable grounds -
(a) That an unsafe condition exists in any aircraft or
aeronautical product; and
(b) That condition is likely to exist or develop in any
other aircraft or aeronautic products of the same
design,-
the Director may, by notice in the gazette, or by such other
notice as the Director considers appropriate in the
circumstances, issue an airworthiness directive in respect of
aircraft or aeronautical products, as the case may be, of that
design.
(5) An airworthiness directive made under
subsection (4) of this section shall come into force on the date
specified in the notice.
(6) The Director, when exercising any function or
power conferred by any section of this Act may seek advice and
Civil Aviation Act 1998, No.4
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guidance from the Minister or qualified aviation advisers from
within Samoa or from an ICAO recognised Civil Aviation
Authority outside Samoa.
(6) The Director, when exercising any function or
power conferred by any section of this Act shall seek
advice and guidance from the Minister or qualified aviation
advisers from within Samoa or from an ICAO recognised Civil
Aviation Authority outside Samoa.
9. Director may require or carry out safety and
security inspections and monitoring - (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
described in paragraph (a) or paragraph (b) of subsection (1) of
this section, carry out such inspections and monitoring as the
Director considers necessary in the interests of civil aviation
safety and security.
(32) For the purposes of any inspection or monitoring
carried out in respect of any person under subsection (21) of
this section, the Director may in writing require from that
person such information as the Director considers relevant to
the inspection or the monitoring.
(3) The costs incurred from any inspection or
1998, No.4 Civil Aviation Act
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monitoring or any information supplied, as a result of this
section shall be born by the person described in paragraph (a) or
(b) of subsection (1) of this section.
10. Power of the Director to suspend aviation
document or impose conditions -
[ ? except Air service license ?
A-G Office shall need to read this in conjunction with
Part on Air Services.]
(1) [ With the exception of an Air Service License, ] tThe
Director may suspend any aviation document issued under this
Act, or rules made under this Act, or impose conditions in
respect of any such aviation document, if hehe or she considers
such action necessary in the interests of safety, and if he he or
she-
(a) Considers such action necessary to ensure
compliance with this Act or Regulations or
rRules made under this Act; or
(b) Is satisfied that the holder has failed to comply
with any conditions of an aviation document or
with the requirements of section 18 of this Act;
or
(c) Is satisfied that the holder has given false
information for the purpose of obtaining that or
any other aviation document; or
(d) Considers that the privileges or duties for which
the document has been granted are being carried
out by the holder in a careless or incompetent
manner.
(2) Without limiting the general provisions of the
subsection (1) of this section, the Director may suspend any
aviation document relating to the use of any aircraft,
aeronautical product, or the provision of any service, or impose
Civil Aviation Act 1998, No.4
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conditions in respect of any such document, if hehe 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 shall
remain in force until the Director has determined, after due
investigation, the action to be taken in respect of the causes
requiring the suspension or imposition of conditions; but the
duration of any such suspension or conditions shall not exceed
14 days unless the Director directs that a further specified
period is necessary for the purposes of the investigation.
(4) If, after investigation, the Director considers
such action to be warranted, hehe or she may suspend for a
further period the aviation document or impose further
conditions, and hehe or she shall cause the appropriate
endorsement to be made on the document concerned.
(5) Any person whose aviation document has been
suspended or made subject to conditions under this section shall
forthwith produce that document to the Director for appropriate
endorsement.
(6) The whole or any part of an aviation document
may be suspended under this section.
(7) Any person in respect of whom any decision is
taken under this section may appeal against that decision to a
Magistrates Court under section 62 of this Act.
11. Power of Minister to revoke aviation
document- (1) If, after an investigation under section 10 of this
Act, the Director recommends that any relevant
aviation document be revoked, the Minister may revoke that
document.
1998, No.4 Civil Aviation Act
23
(2) Where the Minister proposes to revoke an
aviation document, the Minister, by notice in writing, shall -
(a) Notify the person directly affected by the
proposed decision of the proposed decision; and
(b) Shall inform that person of the grounds for the
proposed decision; and
(c) Specify a date by which submissions may be
made to the Minister in respect of the proposed
decision, which date shall not be less than 21
days after the date on which notice is given; and
(d) Where appropriate, specify the date on which the
proposed decision will, unless the Minister
otherwise determines, take effect, being a date
of not less than 28 days after the date on which
the notice is given; and
(e) Notify the person of the person’s right of appeal
under section 62 of this Act, in the event of the
Minister proceeding with the proposed decision;
and
(f) Specify such other matters as in any particular
case may be required by any provision of this or
any other Act.
(3) Any person whose aviation document has been
revoked shall forthwith surrender that document to the Minister.
(4) Any person in respect of whom any decision is
taken under this section may appeal against that decision to a
Magistrates Court under section 62 of this Act
Civil Aviation Act 1998, No.4
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24
12. Criteria for action taken under section 10 or
section 11- (1) The provisions of this section shall apply for the
purpose of determining whether an aviation document should
be suspended or made subject to conditions under section 10 or
revoked under section 11 of this Act.
(2) Where this section applies, the Minister or the
Director, as the case may be, may have regard to, and give such
weight as the Minister or the Director considers appropriate to,
the following matters -:
(a) The persons compliance history with transport
safety regulatory requirements;:
(b) Any conviction for any transport safety offence,
whether or not -
(ii) tThe conviction was in a Samoa Court; or
(ii) t) The offence was committed before the
commencement of this Act;:
(c) Any evidence that the person has committed a
trans-port safety offence or has contravened or
failed to comply with any rule made under this
Act.
(3) The Minister or the Director shall not be
confined tto consideration of the matters specified in subsection
(2) of this section and may take into account other such matters
and evidence as may be relevant.
(4) The Minister or the Director may -
(a) Seek and receive such information as the
Minister or the Director thinks fit; or
(b) Consider information obtained from any source.
(5) If the Minister or the Director proposes to take
1998, No.4 Civil Aviation Act
25
into account any information that is or may be prejudicial
to a person, the Minister or the Director shall, subject to
subsection (6) of this section, as soon as is practicable disclose
that information to that person and give that person a reasonable
opportunity to refute or comment on it.
(6) Nothing in subsection (5) of this section shall
require the Minister or the Director to disclose any information
the disclosure of which would be likely to endanger the safety
of any person.
(7) Where the Minister or the Director determines
not to disclose any information in reliance on subsection (6) of
this section,-
(a) The Minister or the Director shall inform the
person of the fact of non-disclosure and that the
person may seek a review by an Ombudsman .
13. Power of Minister to amend or revoke
aviation document in other cases -
[ A-G office, should this exclude Air Service License ? In
this respect there is specific provision in the relevant Part for
that action. ]
(1) The Minister may, if so requested in writing by
the holder of any aviation document, amend that document in
the manner requested, or revoke that document.
(2) Subject to subsection (3) of this section, the
Minister 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, or is no longer able to be carried out,
by the holder;:
Civil Aviation Act 1998, No.4
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26
(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 correct any
clerical error or obvious mistake on the face of
the document.
(3) Before taking any action under subsection (2) of
this section, the Minister shall 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) The power to amend an aviation document under
this section includes -
(a) Power to revoke the document and issue a new
document in its place; and
(b) Power to impose reasonable conditions.
(5) When the holder of an aviation document is
notified that specified action is proposed under this section, the
holder shall forthwith produce the document to the Minister.
[ (6) Nothing in this section shall apply to an air service
license. ]
14. Power of dDirector to detain aircraft, seize
aero-nautical products, and impose prohibitions and
conditions- (1) Where the Director believes on reasonable
grounds that the operation or use of any aircraft or aeronautical
product or any class of aircraft or aeronautical products may
endanger persons or property, the Director may, if authorised by
a warrant given by a judicial officer on written application on
1998, No.4 Civil Aviation Act
27
oath, do all or any of the following :-
(a) Detain the aircraft or any aircraft of that class;:
(b) Seize the aeronautical product or any
aeronautical products of that class;:
(c) Prohibit the operation of the aircraft or aircraft of
that class, or the use of any aeronautical product
or any aeronautical products of that class.
(2) Where the Director believes on reasonable
grounds that the operation or use of any aircraft of aeronautical
product or any class of aircraft or aeronautical products 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 aeronautical products of
that class;:
(c) Detain particular aircraft or seize particular aero-
nautical products where necessary in order to
prevent their operation or use.
(3) Any detention or seizure under subsection (1) or
subsection (2) of this section shall be maintained for only such
time as is necessary in the interest of safety; but, if aircraft,
aeronautical products, or parts thereof are required for the
purpose of evidence in any prosecution under the Act those
aircraft, products, or parts thereof may be retained by the
DDirector for such period as the DDirector considers necessary
for that purpose.
(4) The Director shall, if requested by the owner or the
Civil Aviation Act 1998, No.4
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person for the time being in charge of an aircraft detained or an
aeronautical product seized under subsection (1) of this section,
provide in writing to owner or that person the reasons for the
(4) The Director shall, 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) of this
section, provide in writing to owner or that person the reasons
for the detention or seizure.
(5) Any person in respect of whom any decision is
taken under this section may appeal against that decision to a
Magistrates Court under section 62 of this Act.
(6) For the purpose of subsection (21) of this
section, the dDirector shall notify any prohibitions or conditions
to such persons as hehe or she considers necessary by such
means of communi-cation, whether or not of a permanent
nature, as the DDirector considers appropriate in the
circumstances.
15. Delegation of Minister’s or DDirector’s
functions or powers to employees of Ministry - (1) The
Minister may delegate to any employee of the Ministry
(including the DDirector) any of the functions, powers, or duties
of the Minister under this Act, other than the power under
section 13 of this Act to revoke aviation documents.
(2) The DDirector may in like manner delegate to
any employee of the Ministry any of the functions, powers or
duties of the DDirector under this Act.
(3) Every delegation under this section shall, until
revoked, continue in force according to its tenor,
notwithstanding the fact that the person by whom it was made
may cease to hold office, and shall continue to have effect as if
made by the person for the time being holding that office.
1998, No.4 Civil Aviation Act
29
(4) Every person purporting to act under any
delegation under this section shall when reasonably requested
produce evidence of hishis or her authority to do so.
(5) Every delegation under this section shall be in
writing.
16. Delegation of Minister’s functions or powers
to persons outside Ministry - (1) The Minister may from
time to time, either generally or particularly, delegate to such
persons (not being employees of the Ministry) as hehe or she
specifies, any of hishis or her functions or powers under this
Act, other than the following :-
(a) The power under this section to delegate
functions and powers;:
(b) The power under section 13 of this Act to revoke
aviation documents;: and
(c) The power under section 39 of this Act to
suspend or revoke aviation documents.:
(2) Subject to any general or special directions given
or conditions imposed by the Minister, any person to whom any
functions or powers are delegated under this section may
perform those functions and exercise those powers in the same
manner and with the same effects as if they had been conferred
or imposed upon the person directly and not by delegation.
(3) The Minister may delegate any power or
function under this section to a specified person or class of
persons or to the holder or holders of a specified office or class
of office for the time being.
(4) Every delegation under this section shall be
given for a specific or indefinite period but in either case shall
be revocable at will and no such delegation shall prevent the
Civil Aviation Act 1998, No.4
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30
exercise of any power or the performance of any function by the
Minister.
(5) Every delegation under this section shall, until
revoked, continue in force according to its tenor,
notwithstanding the fact that the Minister by whom it was
made, may cease to hold office, and shall continue to have
effect as if it was made by the person for the time being holding
office as Minister.
(6) Every person purporting to act under any
delegation under this section shall when reasonably requested
produce evidence of hishis or her authority to do so.
(7) Every delegation under this section shall be in
writing.
17. Duties of pilot-in- command- (1) The pilot-in-
command of an aircraft shall -
(a) Be responsible for the safe operation of the
aircraft in flight, and the safety and well-being of
all passengers and crew, and the safety of cargo
carried;;
and
(b) Have final authority to control the aircraft while
in command and for the maintenance of
discipline by all persons on board; and
and
(c) Subject to subsections (2) to (7) of this section,
be responsible for compliance with all relevant
requirements of this Act and
Regulationsregulations and rules made under this
Act.
(2) Subject to subsections (3) and (7) of this section,
in an emergency that arises in flight, the pilot-in-command may
breach the provisions of this Act or of Regulationsregulations or
rules made under this Act.
1998, No.4 Civil Aviation Act
31
(3) For the purposes of subsection (2) of this section,
a breach of any prescribed requirement is permitted only if the
pilot-in-command is satisfied that -
(a) The emergency involves a danger to life or
property; and
(b) ) The extent of the breach of the prescribed
require-ment 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 complying
with the prescribed requirement is clearly greater
than the degree of danger involved in deviating
from it.
(4) Subject to subsections (5) to (7) of this section
where 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 the aircraft or the operator of the
aircraft may breach the provisions of this Act or
Regulationsregulations or rules made under this Act.
(5) For the purposes of subsection (4) of this section,
a breach of any prescribed requirement is permitted only if -
((a) The emergency involves a danger to life or
property; and
(b) The extent of the breach of the prescribed
require-ment goes only as far as is necessary to
deal with the emergency; and
Civil Aviation Act 1998, No.4
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32
(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 in failing to attend to the
emergency.
(6) Nothing in subsection (4) of this section permits
-
(a) The operation of an aircraft that is not registered
in Samoa 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.
(7) Where in any emergency described in this
section, a pilot-in-command or an operator breaches this Act or
Regula-tionsregulations or rules made under this Act in
accordance with the provisions of this section, the pilot-in-
command or the operator, as the case may be, shall -
(a) Immediately notify the relevant air traffic service
of the action; and
(b) As soon as practicable, notify the Minister of the
action and the circumstances which necessitated
it, and, if requested by the Minister, provide a
written report of the action.
1998, No.4 Civil Aviation Act
33
18. General requirements for participants in civil
aviation system- (1) Every person who does anything for which
an aviation document is required (in the succeeding provisions
of this section called a participant) shall ensure that the
appropriate aviation documents and all the necessary
qualifications and other documents are held by that person.
(2) Every participant shall comply with this Act, and
the relevant rules made under this Act, and the conditions
attached to the relevant aviation documents.
(3) Every participant shall ensure that the activities
or functions for which the aviation document has been granted
are carried out by the participant, and by all persons for whom
the participant is responsible, safely and in accordance with the
relevant prescribed safety standards and practices.
(4 ) Every participant who holds an aviation
document that authorises the provision of a service within the
civil aviation system -
(a) Shall, if so required by rules made under this
Act, establish and follow a management system
that will ensure compliance with the relevant
prescribed safety standards and the conditions
attached to the documents;; and
(b) Shall provide training and supervision to all
employees of the participant 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) Shall provide sufficient resources to ensure
compliance with the relevant prescribed safety
Civil Aviation Act 1998, No.4
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34
standards and any relevant prescribed conditions.
19. General power of entry - (1) For the purpose of
carrying out hishis or her functions, duties, or powers under this
Act or Regulationsregulations or rules made under this Act,
every person duly authorised by the Minister shall have right of
access at any reasonable time to the following -:
(a) Any aircraft, aerodrome, building, or place;:
(b) Any document or record concerning any
aircraft, aeronautical product, or aviation related
service.
(2) Without limiting the power conferred by
subsection (1) of this section, every person duly authorised by
the Minister who has reasonable grounds to believe that -
(a) Any breach of this Act or of
Regulationsregulations or rules made under 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, aerodrome,
building, or place, and carry out an inspection to determine
whether or not a matter referred to in paragraphs (a) to (c) of
this subsection exists.
(3) Every person who is duly authorised to enter any
aircraft, aerodrome, building, or place under subsection (1) or
subsection (2) of this section may require the owner, occupier
or operator, as the case may be , -
1998, No.4 Civil Aviation Act
35
(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 subsection (2) of
this section shall confer on any person the power to enter any
dwelling place unless the entry is authorised by a warrant given
by a judicial officer on written application on oath, which shall
not be granted unless the judicial officer is satisfied that the
entry is essential to enable the inspection to be carried out.
(5) Every warrant issued under subsection (4) of this
section shall be directed to a named person and shall be valid
for a period of 1 month from the date of its issue or such lesser
period as the judicial officer considers appropriate; and the
period of validity shall be shown in the warrant.
(6) Every person exercising the power of entry
conferred by subsection (1) or subsection (2) of this
section shall carry a warrant of authority issued by the Minister
specifying -
(a) The name and the office or offices held by the
person; and
(b) That the person is authorised by the Minister to
exercise the power conferred by subsections (1)
and (2) of this section to enter aircraft, aero-
dromes, buildings, and places and to carry out
such inspection.
(7) Every person exercising the power of entry
conferred by subsections (1) and (2) of this section shall
Civil Aviation Act 1998, No.4
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36
produce the warrant of authority and evidence of identity -
(a) If practicable on first entering the aircraft,
aerodrome, building, or place; and
(b) Whenever subsequently reasonably required to do
so.
(8) Every sworn member of the Police shall have
and may exercise all or any of the powers conferred on a person
who has been duly authorised by the Minister under this
section.
20. Powers of entry of Airport Authority -- (1)
Subject to subsection (3) of this section the Airport Authority
may -
(a) Enter upon any land for the purpose of gaining
access to cables, wires, navigational aids, or
other equip-ment used for the purpose of
carrying out the functions of the Airport
Authority; and.
(b) Perform any act or operation necessary for the
purpose of inspecting, maintaining, or repairing
any such equipment.
(2) The power to enter upon land conferred by
subsection (1) of this section shall be subject to the following
conditions -:
(a) Entry to the land shall be made only by an
officer, employee, or agent of the Airport
Authority authorised by it in writing, or by
persons under the immediate control of such an
officer, employee, or agent;;
(b) Entry shall be made at reasonable times; and
:
1998, No.4 Civil Aviation Act
37
(c) The officer, employee, or agent shall have with
himhim or her, and shall produce on initial entry
and subsequently if required to do so, evidence
of hishis or her identity and authority.
(3) Any equipment owned by the Airport Authority
that is fixed to or installed over or under the land and is not
owned by the Airport Authority shall be deemed to be lawfully
fixed or installed and shall continue to be fixed or installed until
the Airport Authority otherwise decides, and no person other
than the Airport Authority shall have any interest in any such
equipment by reason only of having an interest in the land.
21. Obligation to notify all accidents and
incidents - (1) The pilot in command of any aircraft that is
involved in an accident or incident shall, where required by this
Act or rules or Regulationsregulations made under this Act,
notify the accident or incident to the Minister as soon as
practicable.
(2) If, due to injuries or death, the pilot in command
is unable to give the necessary notice under subsection (1) of
this section, the operator shall provide the necessary notice.
(3) Any search and rescue operation for an aircraft
which is terminated without finding either the aircraft or
wreckage of the aircraft shall be notified to the Minister by the
authorities concerned.
(4) The Minister may, on being notified under
subsection (1) or subsection (2) or subsection (3) the preceding
subsections of this section request such additional information,
in such form as hehe or she considers appropriate in each
specific case, and the pilot in command or operator or person of
whom the request is made shall provide the additional
information forthwith.
Civil Aviation Act 1998, No.4
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38
22. Minister to notify accidents and incidents to
the Secretary and Directorr- (1) As soon as practicable after
any accident or incident is notified under section 21 of this Act,
the Minister shall notify the Secretary and Director that hehe or
she has been notified of the accident or incident if it is of any of
the following kinds -;
(a) An accident involving aircraft; or
(b) A serious incident in accordance with the
provisions of the Convention.
(2) Any accident or incident as defined in subsection
(1) (a) or subsection (1) (b) of this section shall be investigated
in accordance with the provisions of this Act or under the
provisions of rules or Regulationsregulations made under this
Act.
PART II
Entry Into The Civil Aviation System
23. Requirement to register aircraft - (1) Except
as otherwise provided in this Act or rules made under this Act,
every person lawfully entitled to the possession of an aircraft for
a period of 28 days or longer of an aircraft which flies to, from,
within, or over Samoa territory shall register that aircraft and
hold a valid certificate of registration for that aircraft from -
(a) The Minister;; or
(b) The appropriate aeronautical authorities of a
contracting state of ICAO;: or
r
1998, No.4 Civil Aviation Act
39
(c) The appropriate aeronautical authorities of
another State that is party to an agreement with
the Government of Samoa or the Civil Aviation
Authority of Samoa which provides for the
acceptance of each other’s registrations.
(2) No aircraft shall be registered in or remain
registered in Samoa if it is registered in any other country.
(3) The Minister may decline to register any aircraft
in accordance with the provisions of Regulations or rrules made
under this Act.
(4) Any person in respect of whom any decision is
taken under this section may appeal against that decision to a
Magistrates Court under section 62 of this Act.
24. Requirement for aviation document - (1)
Regulations or Rrules made under this Act may require that an
aviation document shall be required by or in respect of all or
any of the following -:
(a) Samoa registered aircraft;:
(b) Aircraft pilots;:
(c) Flight crew members;:
(d) Air traffic services personnel;
:
(e) Aviation security services personnel;:
(f) Aircraft maintenance personnel;:
(g) Air services;:
(h) Air traffic services;:
Civil Aviation Act 1998, No.4
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(ii) Aerodromes and aerodrome 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) Aviation Medical Services;:
(r)(r) Aviation Personnel Licensing and Examining:;
(s) Any persons, services, or things within
any of the classes specified in
paragraphs (a) to (r) of this subsection;:
(t) ) Such other persons, aircraft, aeronautical
products, aviation related services, facilities, and
equipment operated in support of the civil
aviation system, or classes of such persons,
aircraft, aeronautical products, aviation related
services, facilities, and equipment operated in
support of the civil aviation system, as may, in
the interests of safety or security, be specified
prescribedin the rules.
(2) The requirements, standards, and application
1998, No.4 Civil Aviation Act
41
procedure for each aviation document, and the maximum period
for which each document may be issued, shall be as prescribed.
by rules made under this Act.
(3) Subject to any Regulations or rules made under
this Act, an aviation document may be issued by the Minister
for such specified period and subject to such condition as the
Minister considers appropriate in each particular case.
(4) Any person in respect of whom any decision is
taken under this section may appeal against that decision to a
Magistrates Court under section 62 of this Act.
25. Application for aviation document - (1) Every
application for the grant or renewal of an aviation document
shall be made to the Minister in the prescribed form or, if there
is no prescribed form, in such form as the Minister may
require.
(2) Every applicant for an aviation document shall
provide hishis or her address for service in Samoa including
where applicable, telephone and facsimile numbers.
(3) A record of information provided under
subsection (2) of this section shall be maintained by the
Minister at the Civil Aviation Registry.
(4) It shall be the duty of every holder of an aviation
document to maintain the currency of the information provided
under subsection (2) of this section by promptly notifying the
Minister Secretary of any changes to the address, telephone
number, or facsimile number.
(5) Service of any notification under this Act on a
holder of, or applicant for, an aviation document shall be
effective service if served on the address last provided by that
holder or applicant under this section.
Civil Aviation Act 1998, No.4
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42
26. Grant or renewal of aviation document - (1)
After considering any application for the grant or renewal of an
aviation document, the Minister shall, as soon as is practicable,
grant the application if hehe or she is satisfied that -
(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 -
(ii) eEither holds the relevant prescribed
qualifica-tions and experience or holds such
foreign qualifications as are acceptable to the
Minister under subsection (2) of this section;
and
(ii) iIs a fit and proper person to have such
control or hold the document; and
(iii) mMeets all other relevant
prescribed requirements.
(2) For the purpose of granting or renewing an
aviation document, the Minister may, subject to any provisions
in the Regulations or rules, accept such foreign qualifications or
recognise such foreign certifications as hehe or she considers
appropriate in each case.
(3) It shall be a condition of every current aviation
document that the holder and any person who has or is likely to
have control over the exercise of the privileges under this
document continue to satisfy the fit and proper person test
specified in subsection (1) (b) (ii) of this section. If the
Minister decides that hehe or she is no longer satisfied that the
holder is a fit and proper person to hold that document, and
notifies the holder in writing accordingly, the holder shall be in
breach of that condition.
1998, No.4 Civil Aviation Act
43
(4) Any person in respect of whom any decision is
taken under this section may appeal against that decision to a
Magistrates Court under section 62 of this Act.
PART 111111
Rules
[ A_G Office consideration here to confirm correct terms
used in this part, particularly in first subsection of each
section. ]
27. Power of Head of State to make ordinary
rules - (1) The Head of State, acting on the advice of Cabinet,
may from time to time by Order make rules (in this Act called
ordinary rules) for all or any of the following purposes -:
(a) The implementation of Samoa’s obligations
under the Convention;:
(b) The provision of aviation meteorological
services, search and rescue services, and civil
aviation security programs and services;:
(c) Any matter related or reasonably incidental to
any of the functions of the Minister set out in
section 6 of this Act, or the functions of the
Secretary as set out in section 7 of this Act, or
the functions of the Director as set out in section
8 of this Act.;
(d) Any other matter contemplated by any provision
of this Act.
(2) Any ordinary rule may apply generally or with
Civil Aviation Act 1998, No.4
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44
respect to different classes of aircraft, aerodromes, aeronautical
products, aeronautical procedures, or aviation related services,
or with respect to the same class of aircraft, aerodrome, aero-
nautical product, aeronautical procedure, or aviation
related service in different circumstances.
(3) Any ordinary rule may apply generally
throughout Samoa or within any specified part or parts of
Samoa.
(4) The commencement of any ordinary rule may be
wholly suspended until it is applied by the Head of State by
notice Minister by notice in the Gazette.
(5) No ordinary rule shall be invalid because it
confers any discretion upon or allows any matter to be
determined or approved by the Ministry or Director or any other
person, or allows the Ministry or the Director or any other
person to impose requirements as to the performance of any
activities.
(6) No breach of any ordinary rule shall constitute
an offense against this Act unless that offense is prescribed in
regulations made under this Act.
(76) Subject to section 138 Eevery ordinary rule is
hereby deemed a rRegulation for the purposes of the
RegulationsRegulations Ordinance Act 1953.
(78) So far as the bylaws of any local authority are
inconsistent with or repugnant to any ordinary rule made under
this Act in force in the same locality, the bylaws shall be
construed subject to the rules.
28. Rules relating to safety and security .-
Without limiting the power conferred by section 27 of this Act,
in the interests of safety or security within the civil aviation
system the Head of State may by Order, make all or any of the
1998, No.4 Civil Aviation Act
45
following ordinary rules may include : -
(a) Rules providing for the classification,
designation, special use, prohibition, and the
restriction of airspace and things affecting
navigable airspace, including airspace used by
the Samoa Police Force or a visiting defence
force;:
(b) Rules providing for the use of aerodromes and
other aviation related facilities, including but not
limited to the following -:
(ii) tThe provision of identification
procedures for persons, aircraft, and any other
aviation related things;:
(ii) tThe prevention of interference with
aero-dromes and other aviation related facilities;:
(c) General operating rules, air traffic rules, and
flight rules, including but not limited to the
following-:
(ii) tThe conditions under which aircraft may
be used or operated, or under which any act may
be performed in or from any aircraft;:
(ii) tThe prevention of aircraft endangering
persons or property;:
(d) Rules providing for the control of things likely to
be hazardous to aviation safety, including but not
limited to the following -:
(ii) tThe safe carriage of firearms and
other dangerous or hazardous goods or
substances by air;:
(ii) tThe construction, use, or
operation of anything likely to be hazardous to
aviation safety.
29. Rules relating to general matters - Without
Civil Aviation Act 1998, No.4
46
46
limiting the power conferred by section 27 of this Act, the
Head of State may by Order, make ordinaryordinary rules may
be made for all or any of the following purposes :-
(a) The designation, classification, and certification
of all or any of the following -:
(ii) aAircraft;:
(ii) aAircraft pilots;:
(iii) fFlight crew members;:
(iv) Aair traffic service
personnel;:
(v) aAviation security
personnel;:
(vi) aAircraft maintenance
personnel;:
(vii) aAir services;:
(viii) aAir traffic services;:
(ix) aAerodromes and
Aerodrome operators;:
(x) nNavigation installation
providers;:
(xi) aAviation training
organisations;:
(xii) aAircraft design,
manufacture, and main-tenance organisations;:
(xiii) aAeronautical
procedures;:
(xiv) aAviation security
providers;:
(xv) aAviation meteorological
services;:
(xvi) aAviation
communications services;:
(xvii) aAny other person who provides
services in the civil aviation system, and any
aircraft, aero-nautical products, aviation related
services, facilities, and equipment operated in
1998, No.4 Civil Aviation Act
47
support of the civil aviation system, or classes of
such persons, aircraft, aeronautical products,
aviation related services, facilities, and
equipment operated in support of the civil
aviation system;:
(b) The setting of standards, specifications,
restrictions, and licensing requirements for all or
any of those persons or things specified in
paragraph ( a ) of this section, including but not
limited to the following;:
(ii) tThe specification of the privileges,
limita-tions, and ratings associated with licences
or other forms of approval;:
(ii) tThe setting of standards for training
systems and techniques, including recurrent
training requirements;:
(iii) tThe setting of medical standards for
personnel;:
(iv) tThe requirement for proof of access to
appropriate weather services;:
(v) tThe specification of standards of design,
construction, manufacture, maintenance,
processing, testing, supply, approval, and
identification of aircraft and aeronautical
products;:
(vi) tThe requirements for notification of
insurance coverage for air services;:
(vii) tThe format of aviation
documents, forms, and applications, including
the specification of information required on all
application forms for aviation documents;:
(viii) tThe provision of information to
the Minister by applicants or holders of aviation
documents;:
(c) The conditions of operation of foreign aircraft
and international flights to, from, or within
Civil Aviation Act 1998, No.4
48
48
Samoa; : and
(d) The definitions, abbreviations, and units of
measure-ment to apply within the civil aviation
system.
30. Power of DDirector to make emergency
rules.- (1) Subject to subsection (2) of this section, the
Director may from time to time, in accordance with section 34
of this Act, make such emergency rules as may be necessary to
alleviate or minimise any risk of the death of or serious injury to
any person, or of damage to any property.
(2) The Director shall not make any emergency rules
unless it is impracticable in the circumstances of the particular
case for for the Head of State to make ordinary rules to be made
to effectively alleviate or minimise the risk concerned.
(3) The Head of State, acting on the advice of
Cabinet, may revoke any emergency rule made under
subsection (1) of this section, and the revocation shall be
notified as if it were an emergency rule.
(4) Subject to section 138 eEvery emergency rule is
hereby deemed to be a rRegulation for the purposes of the
RegulationsRegulations Ordinance Act 1953.
31. Procedures relating to rules - (1) Every
ordinary rule shall -
(a) Be signed by the Head of State; an;d
(b) Contain a statement specifying the objective of
the rule and the extent of any consultation under
section 33 of this Act; and
(c) Set out fully the requirements of the rule, except
1998, No.4 Civil Aviation Act
49
where by reason of size or length certain
information is incorporated in the rule by
reference under section 35 of this Act.
(2) Every emergency rule shall -
(a ) Be signed by the Director;; and
(b) Contain a statement specifying the objective of
the rule and the extent of the consultation under
section 34 of this Act that took place before the
making of the rule; and
(c) Set out fully the requirements of the rule, except
where by reason of size or length certain
information is incorporated in the rule by
reference under section 35 of this Act.
32. Matters to be taken into account in making
rules - (1) The ordinary rules made by the Head of State acting
on the advice of Cabinet, and the emergency rules made by the
Director shall not be inconsistent with the following :-
(a) The standards of ICAO relating to aviation safety
and security, to the extent adopted by Samoa;
and
(b) Samoa’s international obligations relating to
aviation safety and security.
(2) In making any rule, the Head of State or the
Director, as the case may be, shall have regard to, andregard
shall be had and give such weight as he or she considersis
appropriate shall be given in each case to, the following :-
(a) The recommended practices of ICAO relating to
aviation safety and security, to the extent
adopted by Samoa;:
Civil Aviation Act 1998, No.4
50
50
(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 established;:
(d) The level of risk existing to aviation safety and
security in Samoa 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; : and
(h) Such other matters as the Head of State or the
DDirector considers appropriate in the
circumstances.
33. Procedure for making ordinary rules - (1)
Before making any ordinary rule is made, the Head of State
Minister may shall -
(a) Give interested persons a reasonable time, which
shall be specified, to make submissions on the
proposed ordinary rule; and
(b) Ensure consultation with such persons,
representative groups within the aviation
industry or elsewhere, Government departments,
and State agencies as the Head of State Minister
in each case considers appropriate.
(2) Subject to subsection (3) of this section and to
1998, No.4 Civil Aviation Act
51
section 138 of this Act, every ordinary rule shall be notified in
the Gazette and be made available by the Secretary for purchase
by members of the public at a reasonable price, and the
notification shall specify a place where the rule is available for
inspection free of charge and for purchase.
(3) Where for reasons of security it is inappropriate
to notify a rule under subsection (2) of this section, the Head of
State Minister shall notify such persons as hehe or she considers
appropriate or necessary in the circumstances and service of
notification may be effected in such other manner as the
Head of State Minister considers appropriate or necessary in the
circumstances, and the rule shall apply only to the persons so
notified.
(4) Every ordinary rule shall come into force on the
28th day after the date date of its notification in the
Gazette or on such later day as may be specified in the rule or
under section 27 (4) of this Act or, where notified by service on
any person under subsection (3) of this section, immediately
upon service of the rule upon that person and in respect of that
person only.
34. Procedure for making emergency rules - (1)
Before making an emergency rule, the DDirector shall may
consult with such persons, representative groups within the
aviation industry or elsewhere, Government departments, and
State agencies as the DDirector in each case considers
appropriate.
(2) Subject to subsection (4) of this section every
emergency rule shall be notified in the Gazette and be made
available by the DDirector for purchase by members of the
public at a reasonable price, and the notification shall
specify a place where the rule is available for inspection free of
charge and for purchase.
(3) Every emergency rule shall come into force
Civil Aviation Act 1998, No.4
52
52
immediately upon its being notified in the Gazette, or, where
notified by service on any person under subsection (4) of this
section immediately upon service of notification upon
that person and in respect of that person only.
(4) Where for reasons of safety or security it is
impracticable or inappropriate to notify an emergency rule
under subsection (2) of this section, the DDirector shall notify
such persons as hehe or she considers appropriate or necessary
in the circumstances and service of such notification may be
effected by facsimile, telephone, or such other manner as the
DDirector considers appropriate or necessary in the
circumstances.
(5) An emergency rule may be in force for a period
not exceeding 90 days and may be renewed by the DDirector
once only for a further period not exceeding 30 days -
.
(a) The Minister may, at any time while an
emergency rule is in force in accordance with
subsection (5) of this section, by notice in the
Gazette, renew the rule in accordance with
subsection (5) (b) of this section for a further
period not exceeding 180 days from the date of
notification; and.
(b) Before renewing an emergency rule under
subsection (5) (a) of this section, the Minister
shall consult with such persons, representative
groups within the aviation industry or elsewhere,
Government departments and State agencies as
the Minister thinks appropriate.
(6) So far as any emergency rule is inconsistent or
repugnant to any ordinary rule made under this Act, the
emergency rule shall prevail.
35. Incorporation by reference - (1) The
1998, No.4 Civil Aviation Act
53
following may be incorporated by reference into a on ordinary
an emergency rule made by the Head of State, the Minister or
the Director:-
(a) Standards, requirements, or recommended
practices of international aviation organisations;;
:
(b) Standards, requirements, or rules prescribed
under law by any other contracting State of
ICAO;;
:
(c) Standards, requirements, or rules of any aviation
sport or aviation recreational organisation; and
:
(d) Any other written material or document that, in
the opinion of the Minister or the Director, as the
case may be, is too large or impractical to be
printed as part of the rule,.
and Part XIII of this Act shall apply.
.
(2) Any material incorporated by reference under
subsection (1) of this section shall be deemed for all purposes to
form part of the rule; and, unless otherwise provided in the
rules, every amendment to any material so incorporated by
reference that is made by the person or organisation originating
the material shall, subject to subsection (2) (a) and subsection
(3) of this section, be deemed to be part of the rule.
(a) The Director shall, by notice in the
Gazette, specify the date on which any
amendment to material incorporated by reference
under subsection (1) of this section shall take
effect.
(3) All material incorporated by reference under
subsection (1) of this section shall be made available at the
Civil Aviation Registry for inspection by the public free of
charge.
Civil Aviation Act 1998, No.4
54
54
36. Exemption power of Director - (1) The
Director may, if hehe or she considers it appropriate and upon
such conditions as hehe or she considers appropriate, exempt
any person, aircraft, aeronautical product, aerodrome, or
aviation related service from any specified requirement in any
rule made under section 27 or section 28 or section 29 of this
Act.
(2) Before granting an exemption under subsection
(1) of this section, the Director shall be satisfied in the
circumstances of each case that -
(a) The requirement has been substantially complied
with and that further compliance is unnecessary;
or
(b) The action taken or provision made in respect of
the matter to which the requirement relates is as
effective or more effective that actual
compliance with the requirement;
or
(c) The prescribed requirements are clearly
unreasonable or inappropriate in the particular
case; and
or
(d) Events have occurred that make the prescribed
requirements unnecessary or inappropriate in the
particular case, and that the risk to safety will not
be significantly increased by the granting of the
exemption.
(3) The number and nature of exemptions granted
under subsection (1) of this section shall be notified as soon as
practicable in the Gazette.
(4) Nothing in this section shall apply in any case
where any rule specifically provides that no exemptions are to
be granted.
1998, No.4 Civil Aviation Act
55
PART IV
Fees And Charges
37. Fees and charges - (1) Without limiting the
power to make Regulationsregulations conferred by section 126
of this Act, but subject to the provisions of this Act, the Head of
State acting on the advice of Cabinet may, from time to time by
Order, make Regulationsregulations prescribing, or providing
for the fixing of, fees and charges payable for all or any of the
following purposes :-
(a) To provide funds for the establishment,
maintenance, and operation of works, facilities,
and services under this Act;:
(b) To defray the costs and expenses incurred by the
Ministry or its officers and employees in the
exercise of functions, powers, and duties and in
providing services, under this Act; and
:
(c) Generally for the purposes of civil aviation.
(2) Different rates of fees and charges may be so
prescribed or fixed in respect of different classes of persons,
aerodromes, aircraft, aeronautical products, aviation related
services, air traffic services, or aeronautical procedures, or on
the basis of different times of use, or on any other differential
basis.
(3) Any such Regulationsregulations may -
(a) Specify the persons by whom and to whom any
fees or charges are payable;;:
Civil Aviation Act 1998, No.4
56
56
(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 traveling 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;
and
:
(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) Fees and charges in respect of the use of any
airport operated or managed by the Airport Authority shall not
be prescribed, except on the advice of the Minister given after
consultation with the Airport Authority.
(5) For the purposes of this section, the expressions
“Airport Authority” shall have the same meaning as in the
Airport Authority Act 1984.
38. Payment of fees and charges- (1) Except as
otherwise provided in any Regulationsregulations made under
this Act, fees and charges payable under this Act shall
accompany the application in respect of which the fees and
charges are payable.
(2) Any Regulationsregulations made under this Act
may -
(a) Prescribe a date by which any such fee or charge
is payable or authorise the Secretary to fix the
1998, No.4 Civil Aviation Act
57
date by which the fee or charge is payable; and
:
(b) Provide for a discount for early payment of any
such fee or charge or a penalty for late payment,
or both, on an equal basis to persons liable to pay
the fee or charge.
39. Suspension or revocation of aviation
document for failure to pay fees or charges - (1) The
Minister may suspend any aviation document if all fees
and charges payable in respect of that document under this Act
have not been paid within the time prescribed or fixed for
payment of those fees and charges, and the Minister may revoke
that document if such fees and charges remain unpaid for a
period of a least 6 months after the day on which payment is
due.
(2) Before suspending or revoking any aviation
document under subsection (1) of this section, the
Minister shall notify the holder of -
(a) The Minister’s intention to suspend or revoke the
document; and
(b) The right of appeal available to the holder in the
event of the document being suspended or
revoked.
(3) Where any fee or charge is payable as part of any
application or for the provision of any service, the Minister or
other person asked to process the application or provide the
service may, unless the safety of any person would be put at
risk, decline to do so unless the appropriate fee or charge has
been paid or arrangements acceptable to the Minister or other
person have been made for the fee or charge to be paid.
(4) Any person in respect of whom any decision is
Civil Aviation Act 1998, No.4
58
58
taken under subsection (1) of this section may appeal against
that decision to a Magistrates Court under section 62 of this
Act.
40. Recovery of fees and charges for aviation
related services - (1) Subject to subsection (2) of this section,
where a fee or charge is payable under this Act in respect of any
function, power, duty, or service carried out or provided by the
Ministry or the Airport Authority in relation to any aircraft, the
person whose name appears in respect of that aircraft on the
Samoa Register of Aircraft shall be deemed to be liable to pay
that fee or charge.
(2) Any person who would otherwise be liable to
pay a fee or charge in relation to an aircraft in terms of
subsection (1) of this section shall not be so liable if that person
-
(a) Proves that during any relevant period of use of
the aircraft that person was not entitled, whether
alone or together with some other person, to
possession of the aircraft or that another person
was unlawfully in possession of it; and
(b) Has taken all reasonable steps to supply the
Ministry or the Airport Authority with such
information as would identify the actual user.
PART V
Offences And Penalties
Safety Offences
41. Endangerment caused by holder of aviation
document - (1) Every holder of an aviation document commits
1998, No.4 Civil Aviation Act
59
an offence who, 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, if the act or omission causes
unnecessary danger to any other person or to any property.
(2) Every person who commits an offence against
subsection (1) of this section is liable, -
(a) In the case of an individual to imprisonment for
a term not exceeding 6 months or a fine not
exceeding $2,500; or
(b) In the case of a body corporate, to a fine not
exceeding $25,000.
(3) The provisions of this section shall be in addition
to and not in derogation of any Regulationsregulations or rules
made under this Act.
42. Dangerous activity involving aircraft,
aeronautical product, or aviation related service- (1) Every
person commits an offence who -
(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) Every person commits an offence who -
(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.
Civil Aviation Act 1998, No.4
60
60
(3) Every person who commits an offence against
sub-section (1) or subsection (2) of this section is liable -
(a) In the case of an individual to imprisonment for
a term not exceeding 6 months or a fine not
exceeding $2,500; or
(b) In the case of a body corporate, to a fine not
exceeding $25,000.
(4) The provisions of this section shall be in addition
to and not in derogation of any Regulationsregulations or
rules made under this Act.
43. Court may disqualify holder of aviation
document or impose conditions on holding of document -
(1) In addition to any penalty the Court may impose under
section 41 or section 42 of this Act, the Court may, on
convicting any person of an offence against either of those
sections, -
(a) Disqualify the person convicted from holding or
obtaining an aviation document or a particular
aviation document; or
(b) Impose on any aviation document held by or
issued to the person convicted, such restrictions
or conditions or both as the Court, having regard
to the circumstances of the offence, thinks fit for
such period not exceeding 12 months as the
Court thinks fit.
(2) Nothing in subsection (1) of this section shall
affect or prevent the exercise by the Minister of hishis or her
powers under section 26 of this Act.
44. Acting without necessary aviation document -
(1) Every person commits an offence who -
(a) Operates, maintains, or services; or
1998, No.4 Civil Aviation Act
61
(b) Does any other act in respect of -any aircraft,
aero-nautical product, or aviation related service,
either without holding the appropriate current
aviation document or knowing that a current
aviation document is required to be held in
respect of that aircraft, product, or service before
that act may lawfully be done and knowing that
the appropriate aviation document is not held.
(2) Every person who commits an offence against
subsection (1) of this section is liable, -
(a) In the case of an individual, to imprisonment for
a term not exceeding 6 months or a fine not
exceeding $ 2,500;: or
(b) In the case of a body corporate, to a fine not
exceeding $ 25,000.
45. Additional penalty for offences
involving commercial gain - (1) In addition to any penalty the
Court may impose under section 41 or section 42 or section 44
of this Act, the Court may, on convicting any person of an
offence specified in any of those sections, order that person to
pay an amount 3 times the value of any commercial gain
resulting from the commission of that offence if the Court is
satisfied that the offence was committed in the course of
producing a commercial gain.
(2) For the purpose of subsection (1) of this section,
the value of any gain shall be assessed by the Court, and shall
be recoverable in the same manner as a fine.
General Offences
46. Applying for Aviation Document while
disqualified- (1) Every person commits an offence who applies
for or obtains an aviation document while disqualified by an
Civil Aviation Act 1998, No.4
62
62
order of the Court from obtaining such document and any such
document so obtained shall be of no effect.
(2) Every person who commits an offence against
sub section (1) of this section is liable ,-
(a) In the case of an individual, to imprisonment for
a term not exceeding 4 months or a fine not
exceeding $500 ; or
(b) In the case of a body corporate to a fine not
exceeding $5000,- 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.
47. Communicating false information or failing to
disclose information relevant to granting or holding of
aviation document- (1) Every person commits an offence who
-
(a) By any means provides to the Minister
information relevant to the Minister’s exercise of
powers under this Act, or under rules or
Regulationsregulations made under this Act,
knowing the information to be false or in a
manner reckless as to whether it is false; or
(b) Being an applicant for an aviation document,
fails, without reasonable excuse, to provide to
the Minister information known to that person
which is relevant to the Minister’s exercise of
powers under this Act, or under rules or
Regulationsregulations made under this Act; or
(c) Being the holder of an aviation document, fails
without reasonable excuse to provide to the
Minister information known to that person which
is relevant to the condition specified in section
26 subsection (3) of this Act.
1998, No.4 Civil Aviation Act
63
(2) Every person who commits an offence against
sub- section (1) of this section is liable ,-
(a) In the case of an individual, to imprisonment for
a term not exceeding 6 months or a fine not
exceeding $1,2500; or
(b) In the case of a body corporate, to a fine not
exceeding $7,500.
48. Obstruction of persons duly authorised by
Minister- (1) Every person commits an offence who obstructs
or impedes any person who is duly authorised by the Minister
and acting in the performance or exercise of any functions,
duties, or powers conferred on himhim or her by this Act, or by
any rules made under this Act, and is liable ,-
(a) In the case of an individual, to imprisonment for
a term not exceeding 4 months or a fine not
exceeding $500; or
(b) In the case of a body corporate, to a fine not
exceeding $2,500.0.
(2) Sub section (1) of this section shall apply only
where the person obstructed or impeded is in uniform or
produces evidence of hishis or her authority.
49. Trespass - Every person commits an offence
and is liable to imprisonment for a term not exceeding 4 months
or a fine not exceeding $500 who, without reasonable excuse,
enters or remains within any aerodrome or any building or area
in which are operated technical facilities or services for civil
aviation, when directed not to enter or not to remain by a
person duly authorised by the Minister, the Secretary or
the Director in writing for that purpose, or a member of the
Samoa Police, or the Civil Aviation Manager, [ Manager,
Civil Aviation Act 1998, No.4
64
64
Airport Authority ] or an aviation security officer, or by notice
posted by one of those persons.
50. Failure to maintain accurate records- (1)
Every person commits an offence who contravenes any
provision of this Act or any rule made under this Act that
requires that person -
(a) To make accurate entries in a
record;; or
(b) To maintain an accurate record;
or
or
(c) To produce to the Minister an
accurate record.
(2) Every person who commits an offence against
sub section (1) of this section is liable ,-
(a) In a case of an individual, to a
fine not exceeding $1,2500; or
(b) In the case of a body corporate, to
a fine not exceeding $7,2500.
51. Contravention of emergency rule, prohibition,
or condition - Every person who, without reasonable excuse,
acts in contravention of or fails to comply with any emergency
rule made under section 310 of this Act or any prohibition or
condition notified under section 14 of this Act commits an
offence and is liable ,-
(a) In the case of an individual, to a
fine not exceeding $1,,2500; or
(b) In the case of a body corporate to
a fine not exceeding $7,2500.
Security Offences
1998, No.4 Civil Aviation Act
65
52. Security area offences- (1) Every person
commits an offence who, on being found in a security area ,-
(a) Refuses to state hishis or her name, address, and
authority to enter the security area after ,-
(ii) hHaving been informed that hehe
or she is in the security area; and
(ii) hHaving been requested by an aviation
security officer to state those particulars; or
(b) Refuses forthwith to leave the security area after
having been ordered by an aviation security
officer to do so.
(2) Every person who commits an offence against
sub section (1) of this section is liable to imprisonment for a
term not exceeding 4 months or a fine not exceeding $500.
53. Personation or obstruction of aviation
security officer - (1) Every person commits an offence who,
not being an aviation security officer, -
(a) By words, conduct, demeanor or the assumption
of the dress, name, designation, or description of
an aviation security officer, holds himself or
herself out as being an aviation security officer;
or
(b) Willfully obstructs, or incites or encourages any
person to obstruct an aviation security officer in
the execution of hishis or her duty.
(2) Every person who commits an offence against
sub section (1) of this section is liable to imprisonment for a
term not exceeding 4 months or a fine not exceeding $500.
54. Communicating false information affecting
safety- (1) Every person commits an offence who by any
Civil Aviation Act 1998, No.4
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66
means provides to another person information relating to the
safety of an aircraft, aerodrome, aeronautical product, aviation
related service, or any other facility or product used in or
connected with aviation, or any person associated therewith,
knowing the information to be false or in a manner reckless as
to whether it is false.
(2) Every person who commits an offence against
sub section (1) of this section is liable ,-
(a) In the case of an individual, to imprisonment for
a term not exceeding 6 months or a fine not
exceeding $2,500; or
(b) In the case of a body corporate, to a fine not
exceeding $25,000.
(3) Where the commission of an offence against
subsection (1) of this section causes financial loss to any
person and where the court imposes a fine under subsection (2)
of this section in respect of that offence, the court may order
that such part of the fine as it thinks fit, but in any event not
more than one half of the fine, be awarded to that person.
Disqualification
55. Effect of disqualification- (1) Where the
holder of an aviation document is disqualified by an order of a
Court from holding or obtaining an aviation document, the
document shall be deemed to be suspended while the
disqualification continues in force, and during the period of
suspension shall be of no effect.
(2) If the holder of an aviation document is
disqualified from holding or obtaining a document, and the
disqualification will expire before the expiration of the term of
the document, the document shall on the expiration of the
disqualification, continue to be of no effect until the holder of it
undergoes and passes such tests and fulfills such requirements
1998, No.4 Civil Aviation Act
67
as the Secretary may from time to time specify.
56. Commencement of a period of disqualification
- Where an order is made disqualifying any person from
holding or obtaining an aviation document, the period of
disqualification shall commence on the date of the making of
the order unless the Court making the order directs that the
period of disqualification shall commence on a later date.
57. Retention and custody of document- (1)
Where by an order of a Court the holder of an aviation
document is disqualified from holding or obtaining a document,
the person in respect of whom the order is made shall forthwith,
and whether or not demand is made, surrender the document to
-
(a) The Court where the order was made; or
(b) To any person authorised by the Minister to
accept such documents.
(2) Where an aviation document is so surrendered, it
shall forthwith be forwarded to the Minister who shall endorse
the terms of the disqualification on the document and retain it
until the disqualification has expired or been removed and the
person entitled to the document has made a request in writing
for its return.
(3) If the person entitled to the document is a person
to whom section 55 (2) of this Act applies, the document shall
not be returned to that person until that person has passed the
tests and fulfilled the requirements referred to in that provision.
58. Removal of disqualification- (1) Subject to
this section, any person who by order of a Court is disqualified
for a period exceeding 6 months from holding or obtaining an
aviation document may, after the expiration of 6 months after
Civil Aviation Act 1998, No.4
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68
the date on which the order of disqualification became
effective, apply to the Court by which that order was made to
remove the disqualification.
(2) On the application under this section 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 as from such date as may be specified in the
order or refuse the application.
(3) Where the disqualification was ordered by a
Magistrates Court, where practicable every application under
this section shall be made to athe Magistrates Court Judge who
made the order in the first instance. exercising jurisdiction in
the Court by which the order was made.
(4) Notice of every application under this section
shall be served on the Secretary who shall have a right to appear
and be heard in respect of the matterbe a party to the
proceeding.
59. Particulars of disqualification orders, etc., to
be sent to Secretary - Where a Court makes an order
disqualifying a person from holding or obtaining an aviation
document or imposes restrictions or conditions (or both) on any
aviation document held by or issued to any person or makes an
order under section 58 of this Act removing any
disqualification, particulars of the order shall be sent by the
Registrar of the Court to the Secretary.
[ 60. This may be in contravention of the Judicature Act
1961. A-G Office to decide. ]
60. Appeals against disqualification- (1) An order
of a Magistrates Court by which any person is disqualified from
1998, No.4 Civil Aviation Act
69
holding or obtaining an aviation document shall be deemed to
be a sentence or part of a sentence, as the case may be. If a
notice of appeal against any such order is filed, a Court may, if
it thinks fit, defer the operation of the order pending the appeal,
but otherwise the order shall have immediate effect.
(2) Any person who is disqualified by an order of a
Magistrates 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 Supreme Court.
(3) Notice of every Appeal under sub-section (2)
shall be served on the Secretary who shall be a party to the
Appeal unless he advises the Supreme Court otherwise; but in
the event of the Court so being advised, the Court shall proceed
to hear and determine the merits of the Appeal.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 the disqualification and whose application is
refused, may, with the leave of the Court of Appeal, appeal to
the Court of Appeal against the refusal.
(4) Where application is made to the Court of
Appeal for leave to appeal to that Court against a sentence of
the Supreme Court that is or includes an order of
disqualification, the Supreme Court may, if it thinks fit, defer
the operation of the order pending the application for leave to
appeal and, if leave is granted pending the appeal.
(5) Where an appeal to the Supreme Court or Court
of Appeal is allowed under this section, whether in whole or in
part, the Registrar of the Supreme Court shall send notice
thereof to the Secretary who shall have a right to appear
and be heard in respect of the matter.
Civil Aviation Act 1998, No.4
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70
(64) In determining the expiration of the period for
which a person is disqualified from holding or obtaining an
aviation document, any time during which the operation of the
disqualification order is deferred under this section shall be
disregarded.
Offences Punishable on Summary Conviction
61. Offences to be punishable on summary
conviction - Every offence against this Act shall be punishable
on summary conviction.
PART VI
Rights Of Appeal.
62. Appeal to Magistrates Court - Where the
Minister or the Director, as the case may be ,-
(a) Declines to register any aircraft under section 23
of this Act;;
or
(b) Imposes conditions on any aviation document
under section 14 of this Act;t;
or
(c) Refuses to grant any aviation document under
section 26 of this Act;;
or
(d) Finds under subsection (1) (b) (ii) or subsection
(3) of section 26 of this Act 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 10 of this Act;;
or
(f) Revokes an aviation document under section 11
1998, No.4 Civil Aviation Act
71
of this Act;;
or
(g) Detains an aircraft, seizes an aeronautical
product, or imposes any conditions or
restrictions, under section 14 of this Act;;
or
(h) Suspends or revokes an aviation document under
section 39 (1) of this Act,.
,-
(i) Tthe person in respect of whom the decision was taken
may appeal to a Magistrates Court against that decision.
63. Procedure- (1) Every appeal under section 62 of
this Act shall be brought, by originating application, not more
than 28 days after the date on which the appellant is notified of
the decision appealed against, or within such further period as
the Magistrates Court may allow.
(2) In determining an appeal under section 62 of this
Act the Magistrates 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 -
(ii) cConfirm, reverse, or modify the decision
appealed against, and make such orders and give
such directions to the Secretary or the Director,
as the case may require, as may be necessary to
give effect to the Court’s decision; or
(ii) rRefer the matter back to the Secretary or
the Director, as the case may require, with
directions to reconsider the whole or any
specified part of the matter.
(3) An appeal under this section shall be by way of
rehearing.
Civil Aviation Act 1998, No.4
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72
(4) Subject to this section, every such appeal shall
be made and determined in accordance with the Magistrates
Courts Act 1969 and the rules of Court made under that Act and
the Magistrates Courts Rules 1971, or as determined by the
Magistrate..
(5) Subject to section 65 of this Act, the decision of
the Magistrates Court shall be final.
64. Decision of Minister or Director to continue in
force pending appeal, etc.- (1) Every decision of the Minister
or the Director that is appealed against under section 62 of this
Act shall continue in force pending the determination of the
appeal, and no person shall be excused from complying with
any of the provisions of the Act or the decision on the ground
that any appeal is pending.
(2) Notwithstanding that any appeal under section
62 of this Act may have been determined in favour of the
appellant, the Minister or the Director, as the case may be, may,
subject to the same right of appeal, refuse to grant, revoke,
suspend, disqualify, or otherwise deal with in accordance with
the provisions of this Act any aviation document, any person to
which or to whom the appeal related, or any aviation document
or approval granted or restored in compliance with the decision
of the Magistrates Court on the appeal, on any sufficient
grounds supported by facts or evidence discovered since the
hearing of the appeal.
65. Appeal to Supreme Court on the question of
law- (1) Every party to an appeal under section 62 of this Act
may appeal to the Supreme Court on the question of law.
(2) Every appeal under this section shall be heard
and determined in accordance with the rules of Court.
1998, No.4 Civil Aviation Act
73
66. Further appeal to Court of Appeal - (1)
Every party to an appeal under section 65 of this Act
may, with the leave of the Supreme Court or (if that
leave is declined) with special leave of the Court of Appeal,
appeal to the Court of Appeal on that question of law.
(2) On any appeal under subsection (1) of this
section, 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, shall be final.
(4) Subject to this section, the procedure in respect of any
appeal under this section shall be in accordance with the rules
of Court.in accordance with law.
67. Evidence and proof - In any proceedings for
an offence against this Act, the following provisions shall apply
-:
(a) A copy of any aviation document which is
certified correct by the Minister or an officer of
the Ministry authorised in that behalf by the
Minister shall be sufficient, in the absence of
proof to the contrary, to prove that documeent;;
:
(b) Evidence of the contents of the Samoa Register
of Aircraft maintained under section 69 of this
Act may be given by a certificate signed by the
Minister or any officer of the Ministry authorised
in that behalf by the Minister; and every such
certificate shall be sufficient evidence of the
matters stated in it, until the contrary is
proved;;
:
Civil Aviation Act 1998, No.4
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74
(c) The prodduction of a certificate signed by the
Minister or by an officer of the Ministry
authorised in that behalf by the Minister to the
effect that on a specified date a person or
organisation was or was not the holder of any
aviation document or any specified type of
aviation document shall be sufficient evidence of
the matter certified, until the contrary is proved;
and
.
(d) Until the contrary is proved, it shall be presumed
that every certificate purporting to have
been certified or given under this section
has been certified or given by the Minister or by
an officer of the Ministry authorised by the
Minister to certify documents or give certificates
under this section.
68. Evidence of air traffic services provider - (1)
Any document used in recording services in relation to the
movement of any aircraft and purporting to have been initiated
at the time of the movement by an employee of a person
providing air traffic services shall be admissible in every Court
and in every judicial examination or proceeding as prima facie
evidence that the air traffic services described in such document
were provided on the date and for the aircraft referred to in the
document.
(2) 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, the particulars of which
have been recorded or stored in the usual and ordinary course of
the business of such person, shall be admissible as if it were a
document to which subsection (1) of this section applies.
(3) For the purposes of this section the expression
“computer record” includes a microfiche, a microfiche printout,
a computer printout, or any other document produced by a
1998, No.4 Civil Aviation Act
75
device by means of which information is recorded or
stored.
PART VII
Registries And Information Services
69. Samoa Register of aircraft- (1) The Minister
shall establish a register to be called the Samoa Register of
Aircraft.
(2) The Minister shall enter into the Register such
particulars as may be prescribed of every aircraft registered
under section 23 (1) (a) of this Act.
70. Civil Aviation Registry- (1) The Minister shall
establish a Civil Aviation Registry.
(2) Copies or appropriate evidence of the following
shall be recorded and maintained at the Registry -:
(a) Every current aviation document;;
:
(b)) The Samoa Register of Aircraft;;
:
(c) Every regulation made under this Act, and every
rule notified in the Gazette and for the time
being in force;;
:
(d) Any material incorporated into a rule by
reference under section 35 of this Act;;
.
(e) Every accident and incident notification given
under section 22 of this Act;;
:
(f) Every airworthiness directive issued by the
Civil Aviation Act 1998, No.4
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76
Director under section 8 of this Act;;
.
(fg) Every delegation, authorisation, and exemption
granted in writing under this Act; and
:
(hg) The address for service of every current
applicant for an aviation document and of every
current aviation document holder.:
(3) Documents kept at the Registry shall be made
available by the Minister for inspection by the public free of
charge.
71. Information services- (1) The Civil Aviation
Manager [ TThe Manager, , Airport Authority ] shall ensure
that an information service is provided which shall comprise the
collection and dissemination of aeronautical information and
instructions relating to the safety, regularity, and efficiency of
air navigation.
(2) ) The Civil Aviation Manager Manager, Airport
Authority [The Manager Airport Authority ] shall ensure that
such information and instructions are readily available to any
person upon payment of a reasonable charge fixed by the
Minister.
PART VIII
Aviation Security
72. Aviation Security - The safeguarding of
international civil aviation operations against acts of unlawful
interference and the protection of persons and property from
dangers arising from the commission or attempted commission
1998, No.4 Civil Aviation Act
77
of such crimes, shall be the joint responsibility of the Samoa
Police and the authorised provider of aviation security services
at an aerodrome or navigation installation.
73. The responsibility of Minister - The Minister
shall ensure that aviation security services are provided at all
security designated aerodromes and security designated
navigation installations..
74. Authorised aviation security services -
Aviation security services shall be provided by the Airport
Authority in accordance with the Airport Authority Act 1984.
75. Functions and duties of aviation security
services - Without limiting the powers, functions, duties, or
responsibilities of the Police under this Act or any other
enactment, and without limiting the generality of section 73 of
this Act, aviation security services shall have the following
functions and duties -
:
(a) To carry out passenger and baggage screening of
all international aircraft passenger services and
of such other services where the service or the
screening is judged advisable by the Minister or
the Secretary and, where necessary, to undertake
searches of passengers, baggage, cargo, aircraft,
aerodromes and navigation installations;;
:
(b) To carry out aerodrome security patrols and
patrols of navigation installations;;
:
(c) To review, inquire into, and keep itself informed
on security techniques, systems, devices,
practices, and procedures related to the
protection of civil aviation and persons
employed in or using it;;
:
(d) To undertake, or encourage or supervise, such
Civil Aviation Act 1998, No.4
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78
experimental or research work in respect of any
aspect of aviation security as the Secretary may
specify;;
:
(e) For the purpose of better carrying out any of its
functions under this Act, to co-operate with the
Police, Government departments, operators, and
authorities administering the airport security
services of other countries, and with any
appropriate international organisation; and
:
(f) To exercise and perform such other functions
and duties as may be conferred on it by any other
enactment.
76. Security designated aerodromes and
navigation installations- (1) The Minister may, by notice in
the gazette, designate any aerodrome or navigation installation
as a security designated aerodrome or security designated
installation.
(2) Any designation under subsection (1) of this
section may at any time be revoked, in whole in part, or
amended by the Minister by notice in the Gazette.
77. Right of access- (1) Subject to subsections (2)
and (3) of this section, an aviation security officer while on duty
may at any time enter any security designated aerodrome or a
security designated navigation installation, or any aircraft,
building, or place in any part of a security designated
aerodrome or security designated navigation installation, for the
purpose of exercising and carrying out hishis or her powers,
functions, and duties under this Act.
(2) Unless the aviation security officer is
accompanied by an officer of the Police, the power of entry
conferred by subsection (1) of this section shall be limited to
peaceful and non forcible entry.
1998, No.4 Civil Aviation Act
79
(3) Where the Police have taken command of any
situation at an aerodrome or navigation installation, the rights of
aviation security officers to enter any part thereof or any
aircraft, building, or place, shall be subject to such limitations
as the senior member of the Police present at the aerodrome or
navigation installation specifies.
(4) Where an aircraft or vehicle is not being used for
commercial purposes, subsection (1) shall not apply unless the
aviation security officer believes on reasonable grounds that
there is in that vehicle or aircraft a person or thing likely to
endanger the aerodrome or installation or any of its facilities or
any person.
78. Security areas- (1) The Minister may declare,
by a sign or signs affixed at the perimeter thereof, that an area
within any security designated aerodrome or security designated
navigation installation is a security area.
(2) No person other than a member of the Police on
official duties or an aviation security officer shall enter or
remain in any security area unless authorised by the Minister or
the Civil Aviation Manager [ Manager, Airport
AuthorityManager Airport Authority ] or other person having
control thereof.
(3) Every person in a security area shall, on the
request of an aviation security officer, state hishis or her name,
address, the purpose of hishis or her presence in the security
area, and hishis or her authority to enter it, and shall produce
satisfactory evidence of the correctness of hishis or her stated
name and address.
(4) Where a person who fails or refuses to provide
an aviation security officer with satisfactory evidence of hishis
or her name and address when requested by the aviation
security officer, or where a person fails to satisfy the aviation
Civil Aviation Act 1998, No.4
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80
security officer that hehe 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
hehe or she calls to hishis or her assistance, may use such force
as may be reasonably necessary to remove from any security
area any person who fails or refuses forthwith to leave the
security area after having been ordered by an aviation security
officer to do so under subsection (4) of this section.
(6) Any person who refuses to comply with subsection
(3) or subsection (4) of this section and, after having been
warned that hehe or she commits an offence, persists in its
commission, may be detained by an aviation security officer
and in that case hehe or she shall as soon as may be practicable
be delivered to a member of the Police.
(7) A passenger embarking or disembarking directly
through gateways or thoroughfares in an airport approved for
that purpose by the licencelicensee of the airport shall be
deemed to be authorised by the Secretary to pass through any
security area forming part of those gateways or thoroughfares.
79. Powers of arrest - (1) Every aviation security
officer is empowered tojustified in arresting without warrant
any person on or in the vicinity of any security designated
aerodrome or security designated navigation installation if hehe
or she has reasonable grounds to believe that an offence has
been or is being committed by that person against any of the
following enactment’s -:
(a) Sections 105, 106, 107 and 112 of this
Act; and
:
(b) Section 13 of the Arms Ordinance 1960.
(2) Any person called upon to do so by an aviation
security officer is justified in assisting himhim or her in good
1998, No.4 Civil Aviation Act
81
faith to arrest any person.
(3) An aviation security officer shall as soon as may
be practicable deliver any person hehe or she arrests to a
member of the Police.
80. Arrest of persons delivered to Police- (1) A
member of the Police shall accept delivery of a person whom an
aviation security officer seeks to deliver to himhim or her under
this Part of this Act if hehe or she has reasonable grounds to
suspect that person of having done or admitted to do anything if
that act or omission is an offence against section 52 of this Act
or any enactment specified in section 79 (1) of this Act.
(2) A member of the Police who accepts delivery of
a person under subsection (1) of this section may forthwith
arrest that person.
(3) An aviation security officer who detains any
person in accordance with the provisions of section 78 (6) of
this Act and delivers himhim or her to a member of the Police,
and any person who at hishis or her request and in good faith
assists an aviation security officer in doing so, is justified in so
detaining and delivering that person and in using such force as
may be reasonably necessary doing so.
81. Powers of Police - Every sworn member of the
Police shall have and may exercise all or any of the powers
conferred on an aviation security officer under this Act or
Regulationsregulations or rules made under this Act.
PART IX
Air Service Operations
82. Offence to carry on air service without
licence, etc.- (1) Every person commits an offence and is liable
Civil Aviation Act 1998, No.4
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82
on summary conviction to a fine not exceeding $10,000 who - [
?adequate ?]
(a) Carries on an air service operation otherwise
than pursuant to the authority of a licence;;
:
(b) Carries on an air service operation otherwise
than in conformity with the conditions of a
licence;;
:
(c) Knowingly does any act in any capacity as agent
for any air service that hehe or she knows is
being carried on otherwise than pursuant to the
authority of a licence; and
:
(d) Knowingly does any act in any capacity as agent
for any air service that hehe or she knows is
being carried on otherwise than in conformity
with the conditions of a licence,.
commits an offence and is liable on summary conviction to a
fine not exceeding $10,000 and if the offence is a continuing
one, to a further fine not exceeding $2000 for everyday during
which the offence has continued.
(2) If any body corporate is convicted of an offence
against this section, every director and every other person
concerned in the management of the body corporate shall be
guilty of the offence if it is proved that the act or omission that
constituted the offence occurred with hishis or her authority,
permission, or consent.
83. Applications for licences- ( 1) Every application
for a licence shall be made to the Minister as prescribed, or in a
form acceptable to the Minister.
[ A-G Office, is there any other legal requirements that
applicants must adhere to in this section prior to establishing
1998, No.4 Civil Aviation Act
83
business? ]
(2) Every application for a licence shall be
accompanied by a statutory declaration by the applicant or (if
the applicant is a body corporate) by a responsible officer of the
applicant to the effect that all statements, information, and other
particulars contained in the application are correct.
(3) Every application for a licence shall be
accompanied by two copies of -
(a) A written statement setting out the nature of the
proposed air service;: and
(ii) aA statement detailing the full registered
company name and any other trading name;:
(ii) tThe address of the company for service
of notices or correspondence and these to be
clearly indicated;:
(iii) aA brief description of the company
structure;:
(iv) tThe companies bankers name and
address;:
(v) dDetails of the aircraft to be operated
and any proposed substitutions and state of
registry of these aircraft;
(vi) aA certificate with details of the
insurance cover, the amount of that cover and
what is covered;:
(vii) dDetails of the Civil Aviation Authority
or equivalent organisation that issued the air
operator certificate and a certified copy of that
certificate;.
(viii) dDetails of the State conducting
the continuing operator surveillance;:
(ixviii) tThe proposed schedule and the
proposed initial fare prices if applicable;:
(ix) tThe requested traffic rights if
applicable;:
(xi) tThe name and address for notice or
Civil Aviation Act 1998, No.4
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84
correspondence in Samoa and the names of the
key personnel at that address;;
(xii) aA copy of the business licence
certificate in Samoa;;
(xiii) aAny other document or
information requested by the Minister or
Secretary;;
:
(c) Any other submissions which the applicant
wishes to make in support of the application;;
:
(d) Such documents, testimonials, or other written
evidence as the applicant considers will assist the
Minister in hishis or her consideration and
determination of the application;;
:
(e) A written statement identifying each person
intended to be responsible for the management
and control of the proposed air service; and
:
(f) If the applicant or any person referred to in
subsection (e) of this section is a body corporate,
a written statement identifying the person or
persons (not being bodies corporate) who in fact
have control of the body corporate.:
84. Public notice to be given of application . -(1)
The applicant shall give public notice of the application.
(2) Every such public notice shall contain -
(a) The name of the applicant;;
:
(b) The nature of the proposed air service;;
:
(c) An invitation for any person to supply to the
Minister any written comments hehe or she may
wish to make about the application within 14
days after the date of public notice; and:
1998, No.4 Civil Aviation Act
85
(d) A statement of the provisions of subsection (3)
of this section.
(3) Any written comment supplied to the Minister
in accordance with subsection (2) (c) of this section shall be
accompanied by a statutory declaration by the person or persons
making the comments to the effect that all statements of fact
contained in those comments are correct.
(4) The Minister shall supply the applicant with a
copy of all comments received following the invitation made
under subsection (2) (c) of this section, as soon as practicable
after hehe or she has received them.
(5) Within 7 days after receiving such information
and submissions or within such longer period as the Minister
may allow at the request of the applicant, the applicant may
supply the Minister with such additional written information
and particulars as hehe or she thinks fit.
85. Consideration of application - (l) As soon as
practicable after the required procedure has been completed, the
Minister shall -
(a) p Proceed to consider and determine the
application and if -.
(ia) If Aafter so considering the application hehe or
she reaches the provisional view that the
application should be declined; or
(iib) FFfor any other reason it is considered hehe or
she should hear the applicant in person,.
-then in which case the Minister shall hold a formal meeting
and give no less than 10 days notice of the proposed meeting to
the applicant.
86. Grant of licence, etc.- (l) Subject to subsection
Civil Aviation Act 1998, No.4
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86
(3) of this section, after considering the application under
section 85 of this Act, the Minister shall grant to the applicant
the licence sought if hehe or she is satisfied that -
(a) The proposed air service is likely to be carried
on in a safe and reliable manner; and
(b) The applicant's liability for loss of or damage to
property caused by events occurring in
connection with the carrying on the proposed air
service is or will be covered by insurance --
(ii) iIn respect of such kinds of event;
and
(ii) uUp to such amount in respect of each
kind of event - as the Minister considers
appropriate.
(2) In satisfying himself or herself that the proposed
air service is likely to be carried on in a safe and reliable
manner, the Minister shall have regard to the following matters,
and no others -:
(a) The nature of the proposed air service, including
-
(ii) tThe type of service proposed;;
(ii) tThe area or areas within which, the
locations between which, or the routes on which,
it will operate;;
(iii) tThe aircraft to be used in the
service; and
(iv) tThe facilities for the repair and
maintenance of the aircraft; and
(v) tThe operational conditions under which
the aircraft will be used; and:
(b) The experience, competence, and repute as
operators of or participating in any business,
trade, or profession of the person or persons who
will be responsible for the management and
control of the proposed air service (including any
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87
relevant training or educational qualifications of
those persons).
:
(3) In having regard under subsection (2) (b) of this
section to the experience, competence, and repute of any person
that is a body corporate, the Minister shall have regard to the
experience, competence, and repute of the person or persons
(not being bodies corporate) who in fact have control of that
body corporate. Every decision of the Minister under this
section shall be in writing and, if an application is not granted
or is granted in terms not applied for by the applicant, the
reasons for that decision shall be included in it.
87. Condition applying to licences- (1) It shall be a
condition of every licence that the licencelicensee shall not
carry on the air service authorised by the licence unless all fees
and other money payable under any Act, regulation, or bylaw in
respect of the carrying on of the air service or in respect of any
aircraft used in the air service have been duly paid.
(2) It shall be a condition of every licence that the
licencelicensee shall give not less than 14 days' notice to the
Minister of any proposed change in or proposed addition to the
aircraft or other major assets used in the air service authorised
by the licence.
(3) It shall also be a condition of every licence that
the licencelicensee shall give to the Minister notice of -
(a) Any change in the person or persons responsible
for the management or control of the air service
authorised by the licence; and
:
(b) If the licencelicensee or any of the persons
referred to in paragraph (a) of this subsection is a
body corporate, any change in the person or
persons (not being bodies corporate) who in fact
have control of that body corporate - either
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88
before the change occurs or within 14 days after
it has occurred.
(4) It shall also be a condition of every licence that -
(a) The licencelicensee shall not abandon the air
service authorised by the licence without giving
at least 21 days' written notice to the Minister,
and not less than 21 days concurrent public
notice, of the intention to abandon the service;
and
:
(b) The licencelicensee shall, not later than 4 p.m.
on the due date for renewal of the insurance
referred to in section 86 (1) (b) of this Act,
deposit with the Minister a certificate endorsed
by the insurers or an insurance broker of the
renewal or replacement of the insurance.
(5) If the certificate referred to in subsection (4) (b)
of this section is not deposited with the Minister before that
time on that date, the licence shall be deemed to be suspended
until the certificate is so deposited.
(6) The licencelicensee shall give not less than 14
days' written notice to the Minister of -
(a) Any alteration of the localities served by the
service or of the route or routes on which it is to
operate;;:
(b) Any alteration to a published timetable setting
out the service offered by the licencelicensee;
and
:
(c) Any curtailment of any kind of the service which
is proposed to last for more than 7 days.
(7) The Minister may direct the licencelicensee to
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give public notice of any such alteration or curtailment in such
form as hehe or she considers appropriate.
88. Form and effect of licence- (1) Every licence
shall be in the prescribed form and shall be signed by the
Minister.
(2) Every licence shall authorise the licencelicensee
to carry on the air service specified in the licence subject to and
in accordance with the provisions of this Act.
(3) During the period that any licence is suspended
under section 92 of this Act it shall be deemed not to
have any force or effect.
89. Register of licences, etc.- (1I) The Minister
shall keep a register of licences granted under this Part of this
Act.
(2) Evidence of the contents of the register may be
given in any proceedings by a certificate under the hand of the
Minister and every such certificate shall be sufficient evidence
of the matters stated in it in the absence of proof to the contrary.
(3) A certificate under the hand of the Minister that
on a date specified in the certificate the name of any person did
not appear in any register as the holder of a licence under this
Act, in the absence of proof to the contrary, shall be sufficient
evidence that person was not the holder of any such licence on
that date.
(4) If the Minister is satisfied that a licence has
been lost, defaced, or destroyed, hehe or she may on payment of
a prescribed fee and (if the licence has been defaced) on the
surrender to himhim or her of the licence, issue a duplicate
licence which shall be signed by himhim or her and endorsed as
a duplicate licence.
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90
90. Surrender and cancellation of licences- (1)
Any licencelicensee may at any time surrender hishis or her
licence by forwarding it, together with written notice of the
surrender to the Minister.
(2) If a licencelicensee has abandoned the air service
authorised by hishis or her licence, the Minister may without
formality cancel the licence after giving not less than 14 days’
notice of the intention to do so.
(3) If any licence has been superseded by another
licence, the Minister may without formality cancel the
superseded licence.
(4) The Minister shall note in the register kept under
section 70 of this Act, every surrender or cancellation of a
licence under this section.
91. Duration and renewal of licences- (1) Every air
service licencelicense shall take effect or be deemed to take
effect on such day, whether before or after the date thereof, as
may be stated therein and shall, unless sooner revoked, or
unless expressed to expire on an earlier date, expire on the
completion of two years or such other period and may be
prescribed, after the date on which it took effect:
Provided that where application for renewal of an air
service licence is duly made and where the application is
not disposed of before the date of the expiry of the licence,
continue in force until the application is disposed of, unless
the Minister otherwise directs.
(2) For renewal of a licence, the Minister shall
require any amendment to the information deemed necessary to
be provided for the original application.
(3) The renewal of an air service licence shall have
effect, unless expressed to expire at an earlier date, for a period
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of two years from the expiry of the licence in renewal of which
it is granted, but any such renewal may be granted in
advance to take effect as aforesaid.
92. Inquiry into operation of licences and breach
of conditions- (1) If the Minister on stated grounds suspects
that -
(a) Owing to changed circumstances, any air service
no longer meets the criteria set out in section 86
(1) of this Act; or
(b) A licencelicensee has failed to comply with any
condition of hishis or her licence, -
hehe or she may conduct an inquiry under this section. Every
such inquiry shall specify the matters to be inquired into and the
grounds on which the suspicion of the Minister is based.
(2) The Minister shall give not less than 28 days'
written notice to the licencelicensee affected by the inquiry, and
a concurrent period of not less than 28 days' public notice, of
the matters to be inquired into and of the time and place at
which it is proposed to conduct the inquiry.
(3) The notice given under subsection (2) of this
section to the licencelicensee affected shall also set out the
grounds on which the suspicion of the Minister, is based.
(4) The Minister shall forward to the
licencelicensee affected a copy of all such information and of
any submissions as soon as practicable after hehe or she has
received them.
(5) Only the licencelicensee affected by the inquiry
and the Minister, shall be entitled to be parties to any inquiry
under this section.
(6) If the inquiry is into whether any air service still
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meets the criteria set out in section 86 (1) of this Act, the
provisions of subsection (3) of that section shall apply with the
necessary modifications.
(7) If as a result of the inquiry the Minister is
satisfied that the air service concerned no longer meets the
criteria set out in section 86 (1) of this Act or that a
licencelicensee has failed to comply with any condition of
hishis or her licence, as the case may be, may make an order -
(a) Suspending the licence for a specified period not
exceeding 1 year;; or
(b) Imposing as a condition of the licence, a
restriction on the number, type, and capacity of
aircraft which may be operated by the
licencelicensee under the licence for a specified
period not exceeding 1 year; or
(c) Revoking the licence.
(8) The Minister may, whether or not hehe or she
exercises any of hishis or her powers under subsection (7) of
this section, order any party to the inquiry to pay some or all of
the costs of the Inquiry, and to pay to any other party such costs
and expenses (including expenses of witnesses) as it considers
reasonable, and may apportion any such costs and expenses
between the parties or either of them in such manner as hehe or
she thinks fit.
(9) The Minister may review any order made by
himhim or her under paragraph (a) or paragraph (b) of
subsection (7) of this section on the application of the
licencelicensee to whom the order applies and, if hehe or she is
satisfied that, because of changed circumstances, the order is
causing undue hardship to the licencelicensee and ought to be
canceled or modified, may -
(a) Cancel any suspension of a licence or reduce the
period of suspension; and
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93
:
(b) Cancel any conditions imposed under the said
paragraph (b) or modify it so that it is less
onerous.
(10) Every decision of the Minister under subsection
(7) or subsection (9) of this section shall be in writing and shall
include the reasons for the decision.
(11) The Minister shall note, in the register kept
under section 70 of this Act, every decision under subsection
(7) or subsection (9) of this section.
93. Enforcing orders for costs and expenses - For
the purpose of enforcing any order of the Minister for the
payment of costs and expenses, a duplicate of such order may
be filed by the person to whom the costs and expenses are
payable in the office of the Magistrates Court named in the
order and shall thereupon be enforceable in all respects as a
final judgment of that Court in its civil jurisdiction.
94. Appeals from decisions of Minister - (1)
Subject to section 95 of this Act there shall be a right of appeal
to the Magistrates Court against the whole or any part of the
decision of the Minister in respect of any air service licence or
in respect of any application made to, or any inquiry or review
conducted by, the Minister.
(2) Every such appeal shall be made by giving
notice of appeal within 28 days after the date of the decision of
the Minister appealed against.
(3) It shall not be necessary to state in the notice the
grounds of appeal.
95. Persons entitled to appeal-The following
persons may exercise the said right of appeal -:
(a) The person in respect of whose application the
Civil Aviation Act 1998, No.4
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94
decision was given;;
:
(b) The holder of the licence in respect of which the
decision was given;;
:
(c) Any party to an inquiry under section 92 of this
Act.
96. Hearing of appeal- (l) Subject to the provisions
of this Part of this Act, the procedure in respect of any such
appeal shall be as determined by the Court or in accordance
with any rules of Court applicable in accordance with the rules
of Court.
(2) The Court may in any case, if it considers it is in
the interests of the parties or of any of them and is not contrary
to the interests of other persons concerned or the public interest,
order that the hearing or any part of it shall be held in private.
(3) The Court may make an order prohibiting the
publica-tion of any report or description of the proceedings or
of any part of the proceedings in any appeal before it (whether
heard in public or in private); but no such order shall be made
prohibiting the publication of the names and descriptions of the
parties to the appeal or of any decision of the Court.
97. Determination of appeal- ( 1) In its
determination of any appeal, the Court may confirm, modify, or
reverse the decision appealed against, or any part of that
decision, and, subject to section 98 of this Act the decision of
the Court shall be final and conclusive.
(2) Notwithstanding anything in subsection (1) of
this section, the Court may in any case, instead of determining
any appeal under that subsection, direct the Minister to
reconsider, either generally or in respect of any specified
matters, the whole or any specified part of the matter to which
the appeal relates.
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95
(3) In giving any direction under this section the
Court shalll-
(a) Advise the Minister of its reasons for so doing;
and
(b) Give to the Minister such directions as it thinks
just concerning the rehearing or reconsideration
or otherwise of the whole or any part of the
matter that is referred back for reconsideration.
[98. Appeal to Court of Appeal - Any further appeal
may be made in accordance with law.The provisions of section
xx of the Criminal Proceedings Act 1972 shall apply in respect
of any determination of the Magistrates Court under section 97
of this Act as if the determination were made under section xx
of the Criminal Proceedings Act 1972.
A-G office comment here pse.]
99. Rights of licencelicensee pending
determination of appeal - Pending the determination of any
appeal to the Court against a decision of the Minister, or the
determination of any appeal to the Court of Appeal under
section 98 of this Act, the licencelicensee may carry on the air
service to which the appeal relates in the manner in which and
to the extent to which hehe or she was entitled to carry it on at
the time when the decision of the Minister was given or, in the
case of a decision granting a new licence to himhim or her in
accordance with the terms of that decision.
General Provisions
100. Service of notices- (1) Any notice or other
document under this Part of this Act may be served or given -
(a) By delivering it personally to the person on
whom it is to be served or to whom it is to be
given;;
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96
or
(b) By leaving it, or sending it by post in a registered
letter addressed to such person, at hishis or her
usual or last known place of residence or
business in Western Samoa or at the address
stated by himhim or her in any application or
other document under this Act; or
or
(c) By so delivering or posting it to any agent or
attorney of such person.
(2) If a notice or other document is sent by post in
the manner prescribed by subsection (1) of this section, it shall
be deemed to be served at the time at which the letter would
have been delivered in the ordinary course of post; and in
proving service of any such notice or other document it shall be
sufficient to prove that it was properly addressed and that it was
accepted by the Post Office as a registered letter and that the
notice or other document has not, to the knowledge of the
person making the declaration or affidavit of service or
otherwise proving service, been returned by the Post Office to
the sender.
101. Prosecution of offences- ( 1) All proceedings in
respect of offences under this Part of this Act shall be taken on
the information of the Minister or any other person appointed
by himhim or her for that purpose.
(2) In any proceedings for an offence against this
Part of this Act it shall be presumed, in the absence of proof to
the contrary, that the informant is authorised under subsection
(1) of this section to take the proceedings.
102. Powers of authorised persons - For the
purposes of any investigation, inquiry, or enforcement action
1998, No.4 Civil Aviation Act
97
under this Part of this Act, any officer of the Ministry of
Transport shall have and may exercise the same powers as hehe
or she is authorised to exercise under this Act or under any
Regulationsregulations in force under this Act.
103. , Evidence and proof - In any proceedings for an
offence under this Act -
(a) If it is proved that passengers or goods were
carried on any aircraft, that fact shall, in the
absence of proof to the contrary, be sufficient
evidence that an air service was carried on by
means of that aircraft;;
:
(b) Any licence may be proved by the production of
a copy of the licence certified to be correct by
the Minister; and
:
(c) Judicial notice shall be taken of the signature of
the Minister or the Secretary.
104. Regulations Regulations- The Head of State
acting on the advice of Cabinet, may from time to time, by
Order under this Part of this Act make Regulationsregulations
for all or any of the following purposes -:
(a) Providing for the custody and production of
licences, and providing for and requiring the
production or return of licences that have been
suspended, cancelled, or revoked, and for the
production of licencelicenses for the variation or
revocation of conditions or the addition of new
conditions;;
:
(b) Prescribing fees payable in respect of any
application under this Part of this Act or in
respect of any matter in relation to the
administration of this Part of this Act for which
it is expedient to charge fees;;
:
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98
(c) Prescribing accounts and records required to be
kept by licencelicensees, and prescribing the
statistical returns required to be made to the
Secretary by licencees;;
:
(d) Prescribing offences in respect of the
contravention of or non compliance with any
Regulationsregulations made under this Part of
this Act, and the amounts of fines that may be
imposed in respect of any such offences, which
fines shall be an amount not exceeding $1,000
and, where the offence is a continuing one, a
further amount not exceeding $100 for every day
or part of a day during which the offence has
continued; and
:
(e) Providing for such matters as are contemplated
by or necessary for giving full effect to this Part
of this Act and for its due administration.
PART X
Aviation Crimes
105. Hijacking - Everyone commits the crime of
hijacking and is liable on conviction on indictment to
imprisonment for life, who, while on board an aircraft in
flight, whether in or outside Samoa, unlawfully, by force or by
threat of force or by any form of intimidation, seizes or
exercises control, or attempts to seize or exercise control, of
that aircraft.
106. Crimes in connection with hijacking- (1)
Everyone who, while on board an aircraft in flight outside
Samoa, does or omits anything which, if done or omitted by that
person in Samoa, would be a crime, commits that crime if the
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99
act or omission occurred in connection with the crime of
hijacking.
(2) Without limiting the generality of subsection (1)
of this section, an act or omission by any person shall be
deemed to occur in connection with the crime of hijacking if it
was done or omitted with intent -
(a) To commit or facilitate the commission of the
crime of hijacking;;
or
(b) To avoid the detection of himself or herself or of
any other person in the commission of the crime
of hijacking; and
or
(c) To avoid the arrest or facilitate the flight of
himself or herself or of any other person upon
the commission of the crime of hijacking.
107. Other crimes relating to aircraft - Everyone
commits a crime, and is liable on conviction on indictment to
imprison-ment for a term not exceeding 14 years, who,
whether in or outside Samoa ,-
(a) On board an aircraft in flight, commits an
assault which is likely to endanger the safety of
the aircraft;;
or
(b) Destroys an aircraft in service;;
or
(c) Causes damage to an aircraft in service which
renders the aircraft incapable of flight or which
is likely to endanger the safety of the aircraft in
flight;;
or
(d) Places or causes to be placed on an aircraft in
service anything which is likely to destroy the
aircraft, or to cause damage to the aircraft which
will render it incapable of flight, or which is
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100
likely to endanger the safety of the aircraft in
flight;;
or
(e) Destroys, damages, or interferes with the
operation of any air navigation facility used for
the purposes of international air navigation,
where the destruction, damage, or interference
is likely to endanger the safety of aircraft in
flight; oror
(f) Endangers the safety of an aircraft in flight by
communicating to any other person any
information which the person supplying the
information knows to be false.
108. Crimes deemed to be included in extradition
treaties- (1) For the purposes of the Extradition Act 1974 and
any Head of State designation made by the Head of State under
section 3 of that Act, the crime of hijacking ( including aiding,
abetting, inciting, counseling, or procuring any person to
commit that crime, inciting, counseling, or attempting to
procure any person to commit that crime when it is not in fact
committed, and being an accessory after the fact to that crime)
shall, if not already described in the treaty, be deemed to be an
offence described in any extradition treaty concluded before the
commencement of this section and for the time being in force
between Samoa and any foreign country which is a party to the
Hague Convention. A certificate given under the hand of the
Minister of Foreign Affairs that any foreign country is a party as
aforesaid shall be sufficient evidence of that fact.
(2) For the purposes of the Extradition Act 1974 and
any Head of State designation made by the Head of State under
section 3 of that Act each crime described in section 107 of this
Act ( including attempting to commit that crime, aiding,
abetting, inciting, counseling, or attempting to procure any
person to commit that crime when it is not in fact committed,
and being an accessory after the fact to that crime ) shall be
1998, No.4 Civil Aviation Act
101
deemed to be an offence described in any extradition treaty
concluded before the commencement of this section and for the
time being in force between Samoa and any foreign country
which is a party to the Montreal Convention. A certificate
given under the hand of the Minister of Foreign Affairs that any
foreign country is a party as aforesaid shall be sufficient
evidence of that fact.
(3) For the purposes of the Extradition Act 1974 and
any designation made under section 3 of that Act, each crime
described in section 107 of this Act, ( including attempting to
commit that crime, aiding, abetting, inciting, counseling, or
procuring any person to commit that crime, inciting, counseling,
or attempting to procure any person to commit that crime when
it is not in fact committed, and being an accessory after the fact
to that crime ) shall be deemed to be an offence described in
any extradition treaty concluded before the commencement of
this section and for the time being in force between Western
Samoa and any foreign country which is a party to the Montreal
Convention. A certificate given under the hand of the Minister
of Foreign Affairs that any foreign country is a party as
aforesaid shall be sufficient evidence of that fact.
(43) Where, pursuant to the provisions of subsection
(1) or subsection (2) of this section, any crime is deemed to be
an offence described in an extradition treaty, a person whose
surrender is sought under the Extradition Act 1974 in respect of
an act or omission which amounts to that crime shall be liable
to be surrendered in accordance with the provisions of that Act,
whether the act or omission occurred before or after the date on
which the crime was deemed to be an offence described in the
extradition treaty.
(54) For the purposes of this section, the expression
“foreign country” includes any territory for whose international
relations the Government of a foreign country is responsible and
to which the extradition treaty and the Hague Convention or, as
the case may be, the Montreal Convention extends.
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109. Surrender of offenders- (1) Where the
surrender of a person is sought under the Extradition Act 1974
in respect of any act or omission which amounts to the crime of
hijacking or to any crime described in section 107 of this Act
(including attempting to commit any of the crimes so described,
aiding, abetting, inciting, counseling, or procuring any person
to commit the crime of hijacking or any of the crimes so
described, inciting, counseling, or attempting to procure any
person to commit the crime of hijacking or any of the crimes so
described when it is not in fact committed, and being an
accessory after the fact to the crime of hijacking or any of the
crimes so described ), and for which the person whose surrender
is sought could be tried and punished in the country seeking
surrender, being a country which is a party to the Hague
Convention or the Montreal Convention, as the case may
require, that act or omission shall be deemed to have been
committed within the jurisdiction of that country
notwithstanding that it was committed outside the territory of
that country. A certificate given under the hand of the Minister
of Foreign Affairs that a country is a party to either Convention
shall be sufficient evidence of that fact.
(2) For the purposes of this section, the term
“country” includes any territory for whose international
relations the Government of a country is responsible and to
which the extradition treaty (if any) and the Hague Convention
or, as the case may be, the Montreal Convention, extends.
110. Application of sections 105, 106 and 107 - (1)
Nothing in section 105 or section 106 of this Act shall apply if
both the place of take off and the place of actual landing of the
aircraft (not being a Samoa aircraft) are in the territory of the
country in which the aircraft is registered, or, in the case of an
aircraft that is subject to joint or international registration, in the
territory of one of the countries having an interest in the aircraft,
unless -
(a) The alleged offender is a Samoa citizen or a
1998, No.4 Civil Aviation Act
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person ordinarily resident in Samoa;;
or
(b) The act or omission occurred in Samoa; or
(c) The alleged offender is present in Samoa.
(2) Nothing in paragraph (a), paragraph (b),
paragraph (c), paragraph (d), or paragraph (f) of section 107 of
this Act shall apply if both the place of take off and the place of
actual or intended landing of the aircraft (not being a Samoa
aircraft) are in the territory of a country in which the aircraft is
registered, or, in the case of an aircraft that is subject to joint or
international registration, in the territory of one of the countries
having an interest in the aircraft, unless -
(a) The alleged offender is a Samoa citizen or a
person ordinarily resident in Samoa;; or
(b) The act or omission occurred in Samoa; or
(c) The alleged offender is present in Samoa.
(3) Nothing in section 105 or section 106 or
paragraph (a), paragraph (b), paragraph (c), paragraph (d), or
paragraph (f) of section 107 of this Act shall apply to aircraft
used in military, customs, or police service ( not being aircraft
used for the purpose of the Western Samoa Customs Service or
of the Samoa Police ), unless- -
(a) The alleged offender is a Samoa citizen or a
person ordinarily resident in Samoa; or
(b) The act or omission occurred in Samoa.
111. Application of certain provisions of Crimes
Ordinance 1961 - Nothing in section 6 of the Crimes
Ordinance 1961 (which relates to jurisdiction in respect of
crimes on ships or aircraft beyond Samoa) shall apply with
respect to the crime of hijacking or to any of the crimes
described in section 107 of this Act or to any crime referred to
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in section 106 of this Act committed in connection with the
crime of hijacking.
Taking Firearms, Explosives, Etc., on to Aircraft
112. Taking firearms, explosives, etc., on to
aircraft - (1) Everyone commits a crime, and is liable on
conviction on indict-ment to imprisonment for a term not
exceeding 5 years, who, without lawful authority or reasonable
excuse, or without the permission of the owner or operator of
the aircraft or of a person duly authorised by either of them to
give such permission, takes or attempts to take on board any
aircraft -
(a) Any firearm;; or
(b) Any other dangerous or offensive weapon or
instru-ment of any kind whatsoever;; or
(c) Any ammunition; or
(d) Any explosive substance or device, or any other
injurious substance or device of any kind what-
soever which could be used to endanger the
safety of the aircraft or of persons on board the
aircraft.
(2) For the purposes of this section, the term
“firearm” means any gun, rifle, or pistol, whether acting by
force of explosives or not; and includes any such gun, rifle, or
pistol which for the time being is not capable of discharging any
shot, bullet, or other missile, but which by its completion or the
replacement of any component part or parts or the correction or
repair of any defect or defects, would be so capable; and also
includes any such gun, rifle, or pistol which is for the time
being dismantled.
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Search of Passengers, Baggage, and Cargo
113. Search of passengers, baggage, and cargo- (1)
Any member of the Samoa Police, or any aviation security
services officer, or any officer of Customs, or any employee or
agent of the carrier authorised by the carrier for the purpose
may, with the consent of the passenger, search any passenger
and hishis or her baggage before the passenger boards any
aircraft in Samoa pursuant to any contract providing for the
carriage of the passenger by air from any place in Samoa to any
other place (whether in Samoa or elsewhere).
(2) If the passenger declines to allow himself or
herself or hishis or her baggage to be searched, the carrier may
refuse to carry himhim or her.
(3) A carrier shall not be liable to any civil
proceeding, other than a proceeding in respect of any right that
the passenger may have for the recovery of the fare or any part
thereof, by reason of the fact that the carrier has refused to
carry a passenger who has declined to allow himself or herself
or hishis or her baggage to be searched.
(4) The following provisions shall apply with
respect to any search made pursuant to subsection (1) of this
section -:
(a) The passenger shall not be required to remove
any article of clothing (other than a coat or
similar article) for the purpose of being
searched;: and
(b) Except where the search is made by means of
any mechanical or electrical or electronic or
other similar device, no female shall be searched
except by a female.
(5) Any employee or agent of the carrier authorised
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106
by the carrier for the purpose, or any aviation security officer,
may examine any cargo before the cargo is loaded on to any
aircraft in Samoa pursuant to a contract providing for the
carriage of the cargo by air from a place in Samoa to any other
place ( whether in Samoa or elsewhere ).
114. Search of persons declining to allow search-
(1) Where -
(a) Pursuant to subsection (2) of section 113 of this
Act a carrier refuses to carry a person who has
declined to allow himself, herself, or hishis or
her baggage to be searched;; and
(b) A member of the Samoa Police has reasonable
grounds to suspect that a crime against this Act
in relation to the aircraft on which that person
was to be carried has been, or is being, or is
likely to be, committed, whether by that person
or by any other person;, and
-
(c) The member of the Police may, without warrant,
search that first mentioned person and hishis or
her baggage and may detain himhim or her for
the purposes of that search, and may take
possession of any article referred to in paragraph
(a), paragraph (b), paragraph (c), or paragraph
(d) of section 112 of this Act found in the course
of that search.
(2) The refusal of any person to allow himself,
herself, or hishis or her baggage to be searched pursuant to
section 113 of this Act shall not of itself constitute reasonable
grounds for suspecting that a crime against this Act in relation
to the aircraft has been, is being, or is likely to be, committed.
(3) Every member of the Samoa Police exercising
the power of search conferred by subsection (1) of this section
shall identify himself or herself to the person searched, and
1998, No.4 Civil Aviation Act
107
shall also inform that person that the search is being made
pursuant to that subsection. HeHe or she, shall also if not in
uniform and if so required, produce evidence that hehe or she is
a member of the Samoa Police.
115. Evidence of offences - Nothing found in the
course of a search or examination made pursuant to section 113
or section 114 of this Act shall be admissible as evidence in any
criminal proceedings against the person who, or whose
baggage, has been searched, or, as the case may be, the
consignor of any cargo that has been examined, other than
proceedings in respect of a crime against this Act or the crime
of treason or any crime punishable by imprisonment for life or
for a term of three years or more, or in respect of an offence
against section 13 of the Arms Ordinance 1961, (which relates
to the unlawful carriage or possession of firearms, ammunition,
or explosives), or in respect of an offence against the Narcotics
Act 1967.
Powers of Aircraft Commander
116. Powers of aircraft commander- (1) Without
limiting the provisions of section 4 or section 5 or section 6 of
the Crimes Ordinance 1961, if the commander of an aircraft in
flight, wherever that aircraft may be, has reasonable grounds to
believe that any person on board the aircraft has done or is
about to do on board the aircraft -
(a) Anything which is an offence under the law of
the country in which the aircraft is registered (
not being a law of a political nature or a law
based on racial or religious discrimination );;
or
(b) Anything (whether an offence or not) which
jeopardises or may jeopardise -
(ii) tThe safety of the aircraft or of persons or
property on board the aircraft; or
Civil Aviation Act 1998, No.4
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108
(ii) gGood order and discipline on board the
aircraft ,-
the commander may take with respect to
that person such reasonable measures, including
restraint, as may be necessary;;
-
(c) To protect the safety of the aircraft or of persons
or property on board the aircraft;;
or
(d) To maintain good order and discipline on board
the aircraft; or
(e) To enable the commander to disembark or
deliver that person in accordance with subsection
(4) or subsection (5) of this section.
(2) Any member of the crew of an aircraft and any
other person on board the aircraft may, at the request or with
the authority of the commander of the aircraft, and any
member of the crew shall if so required by the commander,
assist in restraining any person whom the commander is
entitled under subsection (1) of this section to restrain. Any
member of the crew and any other person on board the aircraft
may, without the commanders authority, take with respect to
any person on board the aircraft such reasonable measures,
including restraint, as hehe or she has reasonable grounds to
believe are immediately necessary to protect the safety of the
aircraft or of persons or property on board the aircraft.
(3) Any restraint imposed on any person on board an
aircraft under the powers conferred by subsection (1) or sub-
section (2) of this section shall not be continued after the
aircraft ceases to be in flight, unless the commander of the
aircraft notifies the appropriate authorities of the country in
which the aircraft ceases to be in flight, either before or as soon
as reason-ably practicable after that time, that a person on
board is under restraint and of the reasons for such
restraint, but, provided that notification has been given,
1998, No.4 Civil Aviation Act
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restraint may be continued -
(a) For any period ( including the period of any
further flight ) between that time and the first
occasion thereafter on which the commander is
able with the requisite consent of the appropriate
authorities to disembark or deliver the person
under restraint in accordance with subsection (4)
or subsection (5) of this section; or
(b) If the person under restraint agrees to continue
hishis or her journey under restraint on board
that aircraft.
(4) If the commander of an aircraft has reasonable
grounds to believe that a person on board the aircraft has done
or is about to do on board the aircraft anything (whether an
offence or not) which jeopardises or may jeopardise -
(a) The safety of the aircraft or of persons or
property on board the aircraft; or
(b) Good order and discipline on board the aircraft ,-
hehe or she may, if hehe or she considers
it necessary in order to protect the safety of the
aircraft, disembark that person in any country in
which the aircraft may be.
(5) If the commander of an aircraft has reasonable
grounds to believe that any person on board the aircraft has
done on board the aircraft anything which in the commander’s
opinion is a serious offence under the law of the country
in which the aircraft is registered, he may deliver that person -
(a) In Samoa, to any member of the Samoa Police;
or
(b) In any other country which is a party to the
Tokyo Convention, to any person exercising
functions corresponding to those of a member of
Civil Aviation Act 1998, No.4
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110
the Samoa Police.
(6) If the commander of an aircraft disembarks any
person pursuant to subsection (4) of this section, in the case of a
Samoa aircraft, in any country, or, in the case of any other
aircraft, in Samoa, hehe or she shall report the fact of, and the
reasons for, that disembarkation to an appropriate authority in
the country of disembarkation (being, in Samoa, a member of
the Samoa Police).
(7) If the commander of an aircraft intends to deliver
any person in accordance with subsection (5) of this section in
Samoa or, in the case of a Samoa aircraft in any other country
which is a party to the Tokyo Convention, hehe or she shall,
before or as soon as practicable after landing, give notification
of hishis or her intention and of the reasons for this intention to
an appropriate authority in that country.
(8) Any commander of an aircraft who without
reasonable cause fails to comply with the requirements of
subsection (6) or subsection (7) of this section is liable on
summary conviction to a fine not exceeding $400.
(9) Any person who in good faith imposes
reasonable measures, including restraint, on another person in
accordance with the provisions of this section is not guilty of an
offence and is not liable to any civil proceeding in respect of
those measures.
117. Arrest of persons delivered to Police- (1) Any
member of the Samoa Police shall accept delivery of a person
whom the commander of an aircraft seeks to deliver to himhim
or her in accordance with subsection (5) of section 116 of this
Act if hehe or she has reasonable grounds to suspect that person
of having done or omitted on board that aircraft anything that is
a crime against this Act or any other Act.
1998, No.4 Civil Aviation Act
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(2) Where any member of the Samoa Police accepts
delivery of a person under subsection (1) of this section,
hehe or she shall forth-with arrest that person.
118. Power to search persons on aircraft - If the
commander of an aircraft in flight has reasonable grounds to
suspect that a crime against this Act has been, is being, or is
likely to be, committed on board or in relation to that aircraft,
hehe or she, or any member of the crew of the aircraft or any
other person on board the aircraft authorised by himhim or her
to do so, may search any person or baggage on board the
aircraft, and may take possession of any article found which
has been used or could be used to effect or facilitate the
commission of a crime against this Act.
Miscellaneous Provisions
119. Attorney-General’s consent required for
prosecu-tions - No proceedings for the trial and punishment of
any person charged with a crime against section 105 or section
106 or section 107 or section 112 of this Act shall be instituted
in any Court except with the consent of the Attorney- General:
Provided that a person charged with any such crime may
be arrested, or a warrant for hishis or her arrest may be issued
and executed, and hehe or she may be remanded in custody or
on bail, notwithstanding that the consent of the Attorney-
General to the institution of a prosecution for the crime has not
been obtained, but no further proceedings shall be taken until
that consent has been obtained.
120. Aircraft in military, customs, or police service
- Nothing in sections 112 to 118 (inclusive) of this Act shall
apply to aircraft used in the military, customs, or police service
of any country, including Samoa.
Civil Aviation Act 1998, No.4
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112
121. Joint registration of aircraft - Where an
aircraft is subject to joint or international registration, it shall be
deemed for the purposes of this Act to be registered in the
country which, according to the records of ICAO, is the country
of registration.
PART XI
Miscellaneous Provisions
122. Nuisance, trespass, and responsibility for
damage- (1) No action for nuisance may be brought in respect
of the noise or vibration caused by aircraft or aircraft engines on
an aerodrome, if the noise or vibration is of a kind specified in
any rules made under section 27 or section 28 or section 29 of
this Act, so long as the provisions of the rules are duly complied
with.
(2) No action shall lie in respect of trespass, or in
respect of nuisance, by reason only of the flight of aircraft over
any property at a height above the ground which having regard
to wind, weather, and all the circumstances of the case is
reasonable, so long as the provisions of this Act and of any
rules made under this Act are duly complied with.
(3) Where material damage or loss is caused to
property on land or water by an aircraft in flight, taking off,
landing, or alighting, or by any person or article in or falling
from any such aircraft, damages shall be 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
hishis or her fault, except where the damage or loss was caused
by or contributed to by the fault of the person by whom the
1998, No.4 Civil Aviation Act
113
same was suffered.
(4) Where damage or loss is caused in the manner
described in subsection (3) of this section and in circumstances
in which -
(a) Damages are recoverable from the owner of the
aircraft in respect of the damage or loss by virtue
only of the provisions of subsection (3) of this
section; and
(b) Some person other than the owner is liable to
pay damages in respect of the damage or loss, -
the owner shall be entitled to be indemnified by
that other person against any claim in respect of
the damage or loss.
(5) Where damage or loss is contributed to by the
fault of the person by whom the same was suffered the
provisions of the Contributory Negligence Act 19674 as to
apportionment shall apply.
(6) Damages shall not be recoverable under
subsection (4) of this section from the owner of an aircraft in
respect of damage or loss caused by a person descending from
the aircraft by parachute. Damages shall be recoverable from
the person descending and the provisions of subsection (4) of
this section shall, with the necessary modification, apply as if
the person descending were the owner of the aircraft. This
subsection shall not apply in respect of damage or loss caused
by a person descending from an aircraft by parachute where is
required to avoid injury or death.
(7) Where an aircraft has been hired out to any other
person by the owner thereof, for a period greater than 28 days
and no pilot, commander, or operative member of the crew of
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114
the aircraft is in the employment of the owner, this section shall
apply as though every reference to the owner were a reference
to the person to whom the aircraft has been so hired out.
(8) For the purposes of this section, the term “fault”
means negligence, breach of statutory duty, or other act or
omission which gives rise to a liability in tort or would, apart
from the Contributory Negligence Act 196447, give rise to the
defence of contributory negligence.
123. Indemnity in respect of certain messages- (1)
No person shall have any right to compensation nor shall any
liability be imposed upon the State or any personthe lawfully
acting on its behalfSecretary by reason of any error, omission,
or delay in the transmission of any message to which this
section applies.
(2) This section shall apply to any message of a class
prescribed in that behalf by Regulations or rules made under
this Act (not being a message which may effect the safety of
any aircraft) transmitted through any aeronautical
communication service established under this Act.
124. Airport Authority to be sole provider of air
traffic services - The Airport Authority shall be the only
person entitled to provide air traffic services in Samoa.
125. Flight over foreign country without authority
or proper purpose - (1) This section applies to -
(a) Any aircraft that is registered or required to be
registered in Samoa under this Act:;;
(b) Any other aircraft operated by a person who is a
permanent resident of Samoa or whose principal
place of business is in Samoa.
(2) Every person commits an offence who, being
the operator or pilot-in-command of an aircraft to which this
1998, No.4 Civil Aviation Act
115
section applies that is being flown over a foreign country or
territory, knowingly allows that aircraft to be used for a purpose
that is prejudicial to the security of, public order or health of, or
the safety of air navigation in relation to, that country or
territory.
(3) In any prosecution for an offence against
subsection (2) of this section, where it is proved by the
prosecution that the aircraft was used for a purpose that is
prejudicial to the security of, public order or health of, or the
safety of air navigation in relation to, the foreign country or
territory, in the absence of evidence to the contrary it shall be
presumed that the defendant knew that the aircraft was being so
used.
(4) Every person commits an offence who, being
the operator or pilot-in-command of an aircraft to which this
section applies that is being flown over any foreign country or
territory, 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 where -
(a) The flight is not duly authorised; or
(b) There are reasonable grounds for the appropriate
aeronautical authority to believe that the aircraft
is being or will 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, - unless
the lives of persons on board the aircraft or the
safety of the aircraft would be endangered by
complying with the direction.
(5) In any prosecution for an offence against
subsection (4) of this section, where it is proved by the
prosecution that the defendant failed to comply with a direction
that was given in respect of that aircraft by the appropriate
Civil Aviation Act 1998, No.4
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116
aeronautical authority, in the absence of evidence to the
contrary it shall be presumed that the defendant knew that the
direction had been given.
(6) The requirement in subsection (4) of this section
is without prejudice to any other requirement to comply with
directions given by an aeronautical authority.
(7) For the purposes of this section, "appropriate
aero-nautical 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) Every person who commits an offence against
subsection (2) or subsection (4) of this section 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 $ 2,500; or
(b) In the case of a body corporate, to a fine not
exceeding $25,000.
126. General RegulationsRegulations- (1) The
Head of State, acting on the advice of Cabinet may from time to
time by Order make Regulationsregulations for all or any of the
following purposes -:
(a) Prescribing, or providing for the fixing of, fees
and charges payable under this Act;;
:
(b) Prescribing those breaches of rules made under
this Act that constitute offences against this Act;;
:
(c) Prescribing the penalty for each offence
1998, No.4 Civil Aviation Act
117
prescribed under paragraph (b) of this
subsection, which,-
(ii) In the case of an individual, shall be a
fine not exceeding $1,2500; or
(ii) In the case of a body corporate, shall be
a fine not exceeding $7,500; and
:
(d) Such other matters as are contemplated by or
necessary for giving full effect to the provisions
of this Act and for its due administration.
(2) Any Regulationsregulations made under this Act
may be so made that different Regulationsregulations shall
apply with respect to different classes of persons, aerodromes,
aircraft, aeronautical products, aviation related services, or
aeronautical procedures, or with respect to the same class of
person, aerodrome, aircraft, aero-nautical product, aviation
related service, or aeronautical procedure in different
circumstances.
127. Other Acts not affected - Nothing in this Act
shall be construed to limit or affect the operation of any
provision of the Citizenship Act 1972, or of any provision of
the Immigration Act 1966, or, except as expressly provided in
this Act, of any provision of the Crimes Ordinance 1961.
PART XII
Accident Inquiry
128. Notification of accidents - (1) Without limiting
the provisions of section 21 of this Act, the responsible person
who is required to notify the Minister of an accident shall
advise by the quickest means, such of the following
information as is immediately available -
(a) The type, nationality, and registration marks of
Civil Aviation Act 1998, No.4
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118
the aircraft;t;
(b) The name of the owner, operator, and hirer ( if
any ) of the aircraft;;
(c) The name of the pilot in command;;
(d) The date and time of the accident;;
(e) The last point of departure and the point of
intended landing of the aircraft;;
(f) The position of the aircraft with reference to an
easily defined geographical point;;
(g) The number of persons killed and the number
seriously injured ( if any ); and
(h) The nature and the extent of the damage to the
aircraft so far as is known.
(2) If all the particulars specified in subsection (1) of
this section are not immediately available, the notification shall
so state, and a supplementary notification containing the
particulars not included in the first notification shall be
furnished to the Minister as soon as possible.
(3) If the aircraft to which the accident has occurred
is registered in a State other than Samoa, the Minister shall
forward to the State of registry the particulars supplied in the
notifications required under this section, together with advice as
to the nature of the inquiry being conducted in respect of the
accident.
129. Custody of aircraft involved in accidents - (1)
Where an accident occurs to an aircraft in Samoa territory, the
aircraft ( including the contents and parts thereof ) shall be
1998, No.4 Civil Aviation Act
119
deemed to be in the custody of the Minister for such period as
the Minister considers necessary for the purposes of an accident
inquiry, and shall not be removed or otherwise interfered with
except with the permission of the Minister.
(2) Notwithstanding the provisions of subsection (1)
of this section, the aircraft may be moved to the extent
necessary -
(a) To extricate persons, animals, mails,
and valuables;;
(b) To prevent destruction or damage by fire or other
causes; and
(c) To eliminate any danger or obstruction to air
navigation, to other transport, or to the public.
130. Constitution of Board of Inquiry - (1) The
Minister shall constitute a Board of Inquiry of one or more
members for the purpose of investigating the circumstances of
an accident, or where the Minister considers it necessary in the
public interest, any other occurrence -
(a) To a Samoa aircraft; or
(b) To any other aircraft in Samoa territory.
(2) The person or persons appointed to a Board of
Inquiry shall have appropriate aircraft accident investigation
qualifica-tions or other qualifications as the Minister considers
appropriate in the circumstances.
131. Duties of Board of Inquiry - (1) The Board of
Inquiry shall obtain and record all available information
relevant to the circumstances of the accident or other
occurrence and, where appropriate, shall visit the scene of the
accident and examine wreckage.
Civil Aviation Act 1998, No.4
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120
(2) Without limiting the generality of section (1) of
this section, the Board of Inquiry shall have the power to do the
following -:
(a) To enter any aircraft, aerodrome, building or
place where the board believes on reasonable
grounds that it is necessary to do so for the
purpose of investigating an accident or
incident;;:
(b) To inspect, make copies of, or take extracts
from, or retain any document or record that the
Board believes on reasonable grounds is relevant
to the investigation of an accident or incident;;
:
(c) Where necessary to preserve or record evidence,
or to prevent the tampering with or alteration,
mutilation, or destruction of any aircraft, place,
aeronautical product, or any other thing involved
in any manner in an accident or incident, to
prohibit or restrict access of persons or classes of
persons to the site of any accident or incident;
and
:
(d) To seize, detain, remove, preserve, protect, or
test any aircraft, aeronautical product, or any
thing that the Board believes on reasonable
grounds will assist in establishing the cause of an
accident or incident.
(3) Nothing in subsection (2) of this section shall
confer on any person the power to enter any dwelling house
unless the entry is authorised by a warrant given by a judicial
officer on written application on oath, which shall not be
granted unless the judicial officer is satisfied that the entry is
essential to enable the inspection to be carried out.
(4) Every warrant issued under subsection (3) of this
section shall be directed to a named person and shall be valid
1998, No.4 Civil Aviation Act
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for a period of 1 month from the date of its issue or such lesser
period as the judicial officer considers appropriate; and the
period of validity shall be shown in the warrant.
(5) Every person exercising the power of entry
conferred by subsection (2) or subsection (3) of this section
shall carry a warrant of authority issued by the Minister
specifying -
(a) The name and the office or offices held by the
person; and
(b) That the person is authorised by the Minister to
exercise the power conferred by subsections (2)
and (3) of this section to enter aircraft,
aerodromes, buildings, and places and to carry
out such inspection.
(6) Every person exercising the power of entry
conferred by subsections (2) and (3) of this section shall
produce the warrant of authority and evidence of identity -
(a) If practicable on first entering the aircraft,
aerodrome, building, or place; and
(b) Whenever subsequently reasonably required to
do so.
132. Accidents to aircraft of other states - (1)
Where the aircraft to which the accident occurred is registered
in a State other than Samoa, the Minister shall institute an
inquiry into the circumstances of the accident and, subject to
such conditions as hehe or she considers necessary, an
accredited representative of the State of registry or of any
Contracting State which has, on request, furnished information
in connection with the accident, together with advisers, may
participate in the inquiry, and in that event the Minister shall, so
far as hehe or she is able, facilitate inquiries by that
representative.
Civil Aviation Act 1998, No.4
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122
(2) Notwithstanding the provisions of subsection (1)
of this section, the Minister may delegate the whole or any part
of the inquiry to the accredited representative of the State of
registry.
133. Accidents outside Samoa territory - Where an
accident which occurred outside Samoa territory is being
investigated by a Contracting State the Minister shall, on
request, furnish that State with any relevant information
available to himhim or her, including information concerning
air navigation facilities and other aviation services which may
have been used by the aircraft prior to the accident, on
condition that the State conducting the inquiry, if requested,
permits a representative appointed by the Minister to participate
in the inquiry.
134. Report on inquiry - (1) The Board of Inquiry
shall, as soon as practicable after the completion of an inquiry,
forward to the Minister a report of its findings including a
summary of evidence and other essential information on which
the findings are based.
(2) The Minister may cause the whole or any part of
any such report to be made public in such manner as hehe or
she thinks fit.
(3) Where the inquiry concerns an accident to an
aircraft registered in another State the Minister shall, as soon as
practicable, forward a copy of the report to that State, and
relevant extracts from the report to any other State which has,
on request, furnished information to the Board of Inquiry.
(4) If after receipt of the report, new and significant
evidence becomes available the Minister may re-open the
inquiry.
135. Right of access over private lands - (1) Where
1998, No.4 Civil Aviation Act
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an aircraft is wrecked or damaged at any place in Samoa, all
persons may, for the purpose of rendering assistance to the
aircraft or its occupants, or of saving the lives of the occupants
of the aircraft, or of saving the aircraft or its contents, unless
there is a public road equally convenient, pass and re-pass either
with or without vehicles, over any land without being subject to
interruption by the owner or occupier, so that they do as little
damage as possible, and also, on the like conditions, deposit on
those lands any goods or other article recovered from the
aircraft.
(2) Any owner or occupier who suffers direct injury
or loss in consequence of the exercise of the rights given by
subsection (1) of this section shall be entitled to receive
compensation therefor, the amount of the compensation to be
fixed by agreement with the Minister with the concurrence of
the Minister of Finance, or in default of agreement by the
Supreme Court.
136 . Effect to Regulations - Where the
Regulations or rules make provision in relation to the holding of
inquiries and to any other matter provided for in this Part, full
faith and effect shall be given to those Regulations and rules
notwithstanding that they may require matters additional to, or
be more onerous than the provisions of this Part.
PART XIII
Adoption of Foreign Regulations and Codes
137 Power to adopt Foreign Rules - (1) For the
purposes of sections 27, 30, 104 and 126 of this Act,
Regulations and rules made thereunder may adopt Regulations,
Rules or Codes of Practice applying to the regulation of civil
Civil Aviation Act 1998, No.4
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124
aviation matters in foreign countries (hereinafter referred to in
this Act as “foreign rules”).
(2) Where foreign rules are adopted by Regulation
or rules made under this Act, all courts, departments, licensees,
owners, officers and persons shall give full faith and effect to
the foreign rules adopted.
(3) No foreign rule, or part thereof, shall be rendered
invalid, inoperative or irrelevant because it makes reference to
any law, agency, authority, document, procedure, person or
thing that is not in existence, or is not applicable to the laws, in
Samoa, and any reference to such law, agency, authority,
document, procedure, person or thing -:
(a) S shall be deemed to be a reference to the
corresponding law, agency, authority, document,
procedure, person or thing within Samoa or
under the laws of Samoa; and
(b) Wwhere there is no clearly corresponding law,
agency, authority, document, procedure, person
or thing within Samoa or under the laws of
Samoa -;
(ii) tthe closest equivalent law, agency,
authority, document, procedure, person or things
within Samoa or under the laws of Samoa shall
be deemed to be the law, agency, authority,
document, procedure, person or thing referred
too and in this respect regard shall be had to any
Directive issued by the Minister for the purpose
of identifying the closest equivalent; and
(ii) wwhere notwithstanding sub-paragraph
(i) hereof, it remains impossible to determine the
closest equivalent, the Minister may designate
any law, agency, authority, document, procedure,
person or thing to be the equivalent in Samoa.
1998, No.4 Civil Aviation Act
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138. Regulations Ordinance 1953 modified - (1)
Notwith-standing anything to the contrary in this Act or in
sections 3 and 6 of the Regulations Ordinance 1953 there shall
be no requirement that foreign rules be printed in the Samoan
language or that they be made available for sale.
(2) A copy of each foreign rule adopted by
Regulation shall be kept at places determined by the Minister or
the Director and shall be available for inspection.
(3) Copies of individual rules or provisions may be
obtained if photocopying facilities are available and at a cost to
be determined by the Director or by the Manager, Airport
Authority, if copies are held under his control.
139. Foreign Rules to remain in force - (1) Where
a foreign rule has been adopted by a Regulation or rules made
under this Act it shall stand and apply as if made under this Act
and shall remain in force notwithstanding that it may have at
any time ceased to have operation in the country of its origin.
(2) Where a foreign rule is amended in its country of
origin the Minister may determine that the amendment shall
apply in Samoa and the foreign rule shall thereby be deemed to
have been amended by Regulation made under this Act.
140. Application of foreign rules delayed - (1)
Where the Minister determines that the application of
any provision of a foreign rule should be deferred until persons
affected by it can reasonably be expected to comply with it, the
Minister may at any time determine that the operation of such
provision shall be deferred until a date set by him.
(2) Where a time or time for compliance is
stipulated in any provision of a foreign rule, in the absence of a
determination made by the Minister under sub-section (1)
hereof, regard may be had to any Directive issued by the
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Minister for the purpose of determining the appropriate time or
time for compliance to apply in Samoa.
PART XIV
Savings and Repeals
141. Saving of Licences, inquiries, etc., - (1) All
aviation documents issued under the Civil Aviation Act 1963,
and being current at the time of this Act coming into force, shall
be of full effect as if issued under this Act and shall remain in
force as if commencing on the date that the Civil Aviation Act
1963 is repealed and this Act comes into force.
(2) Notwithstanding sub-section (1) hereof the
Minister may determine that any aviation document issued
under the Civil Aviation Act 1963 shall expire on the date on
which it was originally intended to terminate.
(3) Any requirement made, or condition imposed
upon the holder of, or applicant for, an aviation document under
the Civil Aviation Act 1963 shall have full effect as if made,
imposed or required under this Act.
(4) Any enforcement proceeding, prosecution or
inquiry taken under the Civil Aviation Act 1963 and as yet
undetermined at the time of the coming into force of this Act
shall remain in force and shall be maintainable under the Civil
Aviation Act 1963 notwithstanding that the Act may be
repealed during the course of such proceeding, prosecution or
inquiry.
(5) The Minister may determine that any
enforcement, proceeding, prosecution or inquiry referred to in
sub-section 4 hereof shall be deemed to proceed under the
corresponding or similar provision under this Act and thereafter
it shall proceed as if taken under the provision of this Act.
1998, No.4 Civil Aviation Act
127
142. Repeal of Acts and Regulations - The Acts
and Regulations specified in Schedule 1 to this Act shall be
repealed upon the coming into force of this Act.
SCHEDULE
Repeal of Acts etc.
Civil Aviation Act 1963 and the Regulations
made thereunder;
Ministry of Transport Amendment Act (No.10
of 1989) sections 2, 3(c), 4, 5, 6 and 7.
__________________
Printed under the authority of the Legislative Assembly,
by the Clerk of the Legislative Assembly.
[The following firmly for the Attorney-General’s office to consider.
127. Repeals revocation, amendments and savings]
The Civil Aviation Act 1963 is hereby revoked. But if the New Zealand
Rule Parts are not prior adopted this will produce some difficulty e.g. a/c
registration markings and accident inquiry etc.
XX. Section 26 and subsection (2) (d) of Section 29 of the Airport Authority
Act 1984 are revoked.
This assumes the Bill as drafted continues.
Any other items here ? Yes
section 17 ( and others ) 19, of The Airport Authority Act is amended, for
“ Civil Aviation Manager “ to read Manager Airport Authority, this if
Civil Aviation Act 1998, No.4
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accepted shall have more subsequent amendments to the same Act AG
Office decision in part.
NOTE the above is by request of the Minister. ]
[ 137. Transitional provisions] There may be some of the 1963 Act in this
section.
[138. Effect of Act on Civil Aviation Regulations]
Further notes.
The
sections on aviation crimes with reference mostly to the New Zealand
Aviation Crimes Act 1972 have been included.
There has been the inclusion of specific amendments or revocations to other
Acts. ( viz., the Airport Authority Act. )
Penalties ex the New Zealand Aviation Crimes Act have not been modified.
Revocation of the current Act shall provide difficulty without transitional
arrangements, e.g. aircraft marking etc. Unless we have already adopted the
New Zealand Rule Parts to be our safety regulations
