Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 499.35 · Ports Security Regulations (S.L. 499.35)

S.L. 499.35 Art. 45Takingweaponson toshipsorintoport security areas.

In KraftAmtlicher Text

(1) A person commits an offence and is liable, on conviction, to the punishments contemplated in articles 41, 42 and

44 of the Ports and Shipping Act, if, without lawful authority or reasonable excuse, or without the written permission of the ship security officer (with respect to boarding a ship) or the port facility security officer (with respect to entering a port security area), intentionally takes, or attempts to take, on board a ship or into a port security area -

(a) any firearm, or any other dangerous or offensive weapon or instrument of any kind; or

(b) any ammunition; or

(c) an explosive, incendiary, biological, or chemical substance or device, or any other injurious substance or device of any kind, that could be used to endanger the safety of -

(i) the ship; or

(ii) persons on board the ship; or

(iii) the port security area; or

(iv) persons in the port security area.

(2) A person who has obtained the written permission of a ship security officer or a port facility security officer must, upon the request of an authorised person, present the written permission to that authorised person.

(3) To avoid doubt, a passenger or crew member may take an item covered by subregulation (1) on board a ship without the written permission of the port facility security officer if that passenger or crew member has obtained the written permission of that ship’s ship security officer.

(4) For the purposes of this regulation, firearm means any gun, rifle, or pistol, whether acting by force of explosives or not; and includes any gun, rifle, or pistol that -

(a) is not capable of discharging any shot, bullet, or other missile, but that by its completion or by the replacement of any component part or parts or by the correction or repair of any defect or defects, would be so capable; or

(b) is dismantled; or

(c) is an imitation or replica: Provided that a flare or other incendiary safety device is not considered as a weapon if it is carried on board a ship as part of the ship’s safety or signaling equipment.

(5) This regulation is without prejudice to the powers and obligations laid down in articles 237 and 238 of the Code of Police Laws.

Änderungsgeschichte
  • Amended by L.N. 3 of 2008