Revised Laws of Saint Lucia (2021)

40.   Prohibitions, offences and punishment

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   (1)   No person shall:

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      (a)     willfully destroy any document required under this Act to be kept;

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      (b)     make or cause to be made any false entry in a record required under this Act to be kept with intent to mislead or willfully omit to make any entry in any such record;

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      €     except as authorized under this Act, willfully operate or otherwise deal with an aircraft that has been detained under this Act;

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      (d)     operate any aircraft in such a negligent or reckless manner as to endanger or to be likely to endanger the safety of persons or property;

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      €     endanger the safety of an aircraft by interference with its navigation equipment, safety equipment or with aerodrome safety services facilities;

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      (f)     operate as a crew member of an aircraft while under the influence of alcohol or a prohibited substance to such an extent so as to impair his or her ability to carry out his or her assigned duties;

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      (g)     purport to issue any aviation document for the purposes of this Act or any regulations made thereunder when he or she is not _uthorizin to do so;

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      (h)     unlawfully interfere with any aircraft, aerodrome or facilities provided for air navigation purposes; or

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      (i)     construct or otherwise erect a building or structure that may interfere with safe navigation in contravention of any order or direction given by the Minister under the authority of this Act;

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      (j)     without lawful authority or excuse take or attempt to take on board any aircraft:

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         (i)     a firearm;

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         (ii)     any explosive or incendiary device; or

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         (iii)     any other dangerous or offensive weapon, device or thing that could reasonably be used to interfere with the operation of an aircraft or pose a danger to persons on board an aircraft;

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      (k)     willfully do any act or thing in respect of which a civil aviation document, or a licence or permit issued pursuant to Part 4 of this Act, is required except under and in accordance with the required documents;

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      (l)     willfully do any act or thing in respect of which a civil aviation document, or a licence or permit issued pursuant to Part 4 of this Act, is required where –

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         (i)     the document that has been issued in respect of that act or thing is suspended, or

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         (ii)     an order referred to in section 42 prohibits the person from doing that act or thing;

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      (m)     knowingly make any false representation for the purpose of obtaining a civil aviation document or any privilege accorded thereby;

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      (n)     willfully obstruct any person who is performing duties under this Act;

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      (o)     knowingly make any entry in a load sheet which is incorrect or omits any particulars that ought to be entered;

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      (p)     refuse to provide information required of him or her under subsection 24(3).

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   (2)   Every person who:

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      (a)     contravenes clauses (a) to (j) of subsection (1) commits an indictable offence;

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      (b)     contravenes clauses (k) to (p) of subsection (1) commits an offence punishable on summary conviction.

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   (3)   Except as otherwise provided by this Act, every person who contravenes a provision of this Act or any regulation, order, or directive made under this Act commits an offence punishable on summary conviction.

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   (4)   An individual who is convicted of a summary offence under this Act is liable to a fine not exceeding $10,000 and, in the case of an offence referred to in subsection (1), to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

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   (5)   No proceedings by way of summary conviction under this Act may be instituted after 24 months from the time when the subject-matter of the proceedings arose.

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   (6)   A corporation that is convicted of a summary offence under this Act is liable to a fine not exceeding $50,000.

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   (7)   Where an offence against this Act or any regulation, order, or directive made pursuant to this Act has been committed by a body corporate, every person, who at the time of the commission of the offence was a Director, or responsible Manager, or other similar officer of the body corporate, or was purporting to act in any such capacity, is deemed to have committed an offence unless he or she proves that the offence was committed without his or her consent or connivance and he or she exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity.

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   (8)   Where, a person is convicted of a second or subsequent offence under this Act, the fine shall not be less than $10,000.

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   (9)   Where an offence under this Act is committed or continued on more than one flight or segment of a flight, it may be deemed to be a separate offence for each flight or segment of a flight on which the offence is committed or continued.