L.S. 405.04 Regolamenti dwar Sigurtà fl-Ajruport (Background Checks)

(1)of the Administrative Justice Act; Cap.

1. "applicant" means: - a person who has never applied for the issue of asecurity pass before; or a person who has held a security pass in the past butwhich has expired; or a person who has held a security pass in the past butwhich was withdrawn or returned back; or an employer of the person for whom a security passis required; "background check” means a record check of a person’s identity and previous experience, including any criminal history, as part of the assessment of an individual’s suitability for unescorted access to a security restricted area; "Manager" means the Manager Airport Security, as referred to in article 2 of the Act; "Minister" means the Minister responsible for aviation security and, to the extent of the authority given, includes any person authorized in that behalf by such Minister; "minor" means any person below the age of eighteen years, at the date of the commission of the offence; "rehabilitation period" means a length of time, as prescribed in these regulations, to be counted from the day of conviction, after which an airport security pass may be issued as provided for in these regulations, to an applicant who has been convicted of any of the offences listed in the Second Schedule; "restricted area" means an area access to which can only be obtained by authorisation from the Manager Airport Security and which may be as may be prescribed by regulations made under the Act; "security pass” means an airport security pass issued by the 1 2 [ S.L.405.04 AVIATION SECURITY (BACKGROUND CHECKS) Manager but does not include temporary authorization. Application for security pass.
2. An applicant shall apply to the Manager for the issue of a security pass, in writing and on the prescribed form as set out in the First Schedule. Sumbission of information to Commissioner regarding background checks.
3. On receipt of an application for the issuing of a security pass, the Manager shall perform background checks and shall submit the relevant information to the Commissioner of Police so that a criminal record check is carried out with regard to the applicant. Issue of a security pass.
4. The Manager shall issue a security pass if no adverse information about the applicant is received. Pending criminal proceedings. Amended by: L.N. 454 of
6. A security pass shall not be issued if from the information given to the Manager it results that the applicant has pending criminal proceedings relating to any of the offences listed in the Second Schedule: Provided that the Manager shall have the discretion not to withdraw a security pass pending criminal proceedings, if he is of the opinion that such offence or offences do not impinge on the integrity of the applicant in the exercise of his duties. Applicant found guilty of offences.
7. If from the information given to the Manager it results that the applicant has been found guilty of any of the offences listed in the Second Schedule and the punishment awarded by the Court was of a term of imprisonment of thirty months or more, then a security pass shall not be issued. Rehabilitation periods. Amended by: L.N. 454 of 2012; L.N. 27 of
8. 8.

(1)If, from the information given to the Manager, it results that the applicant has been found guilty of any of the offences listed in the Second Schedule and the punishment awarded was of a term of imprisonment of a period between six months and thirty months, whether or not such term of imprisonment has been suspended for a term, then a security pass may be issued after the lapse of ten years from the date of the final judgement regarding such conviction.

(2)If the information given to the Manager shows that theapplicant has been found guilty of any of the offences listed in the Second Schedule and the punishment awarded was of a term of imprisonment of six months or less, whether or not such term of imprisonment has been suspended for a term, then a security pass may be issued after the lapse of seven years from the date of final judgement regarding such conviction.

(3)If, from the information given to the Manager, it results that the applicant has been found guilty of any of the offences listed in the Second Schedule but the punishment prescribed did not include a term of imprisonment, then a security pass may be issued from the date of final judgment regarding such conviction.

(4)If, from the information given to the Manager, it results that the applicant has been charged with the commission of any of the offences listed in the Second Schedule but was acquitted, then a security pass may be issued from the date of final judgement.

(5)The periods of rehabilitation referred to in sub-regulations

(1)and

(2)shall be halved in the case of applicants who are minors AVIATION SECURITY (BACKGROUND CHECKS) [ S.L.405.04 3 within the meaning of these regulations.

1. Where the Manager, after receiving all the necessary information, is of the opinion that an applicant does not satisfy the provisions of these regulations and that a security pass should not be issued to a particular applicant, he shall inform the applicant about this decision, in writing, indicating the reasons for such refusal: Refusal of application. Provided that where the applicant does not successfully meet the requirements of these regulations, the Manager may forthwith cease from further processing the application in terms of any other applicable law.
2. The applicant shall have a right of appeal to the Administrative Review Tribunal, against the decision of the Manager refusing the issue of a security pass, within twenty days from the notification of the refusal; an appeal against this decision shall be limited to one or both of the following grounds: - Right of appeal. that the offence in question is not one of the offences listed in the Second Schedule; and, or that the period of rehabilitation provided for in regulation 8 has elapsed. 11.

(1)All security pass holders may be subjected by the Manager to background checks, in accordance with regulation 4, at specific intervals not exceeding five years.

(2)The security pass shall be withdrawn if, from the information given to the Manager, it results that the security pass holder has pending criminal proceedings relating to any of the offences listed in the Second Schedule: Background checks. Amended by: L.N. 454 of 2012; L.N. 27 of 2014. Provided that the Manager shall have the discretion not to withdraw a security pass pending criminal proceedings, if he is of the opinion that such offence or offences do not impinge on the integrity of the security pass holder in the exercise of his duties.

(3)If from the information given to the Manager it results that the security pass holder has been found guilty of any of the offences listed in the Second Schedule and the punishment awarded by the Court was of a term of imprisonment of thirty months or more, then the security pass shall be irretrievably withdrawn. 11A.

(1)If, from the information given to the Manager, it results that the security pass holder has been found guilty of any of the offences listed in the Second Schedule and the punishment awarded was of a term of imprisonment for a period between six months and thirty months, whether or not such term of imprisonment has been suspended for a term, then the security pass shall be withdrawn and a security pass may be issued after the lapse of ten years from the date of the final judgment regarding such conviction.

(2)If the information given to the Manager shows that the security pass holder has been found guilty of any of the offences listed in the Second Schedule and the punishment awarded was of a Rehabilitation periods in respect of security pass holders. Added by: L.N. 27 of 2014. 4 [ S.L.405.04 AVIATION SECURITY (BACKGROUND CHECKS) term of imprisonment for six months or less, whether or not such term of imprisonment has been suspended for a term, then the security pass shall be withdrawn and a security pass may be issued after the lapse of seven years from the date of the final judgment regarding such conviction.

(3)If, from the information given to the Manager, it results that the security pass holder has been found guilty of any of the offences listed in the Second Schedule but the punishment prescribed did not include a term of imprisonment then the security pass may be issued from the date of final judgment regarding such conviction.

(4)If, from the information given to the Manager, it results that the security pass holder has been charged with the commission of any of the offences listed in the Second Schedule but was acquitted, then the security pass may be issued from the date of final judgment.

(5)The periods of rehabilitation referred to in sub-regulations

(1)and

(2)shall be halved in the case of security pass holders who are minors within the meaning of these regulations. Withdrawal of security pass and right of appeal. Added by: L.N. 27 of 2014. 11B. The Manager shall inform the security pass holder in writing about the withdrawal mentioned in regulations 11 and 11A. The security pass holder shall have a right of appeal to the Administrative Review Tribunal, against the withdrawal of the security pass, within twenty days from the date of notification of the withdrawal; an appeal against the withdrawal of a security pass shall be limited to one or both of the following grounds: - Validity of security pass. that the offence in question is not one of the offences listed in the Second Schedule; and, or that the period of rehabilitation provided for in regulation 11A has elapsed. 12. Unless otherwise withdrawn or returned back, a security pass shall be valid for a period of five years, after which it may be renewed by the Manager: Provided that the Manager shall only renew a security pass if he is of the opinion that that applicant satisfies the provisions of these regulations. AVIATION SECURITY (BACKGROUND CHECKS) [ S.L.405.04 FIRST SCHEDULE (Regulation 3) Form of application for the issue of a security pass 5 6 [ S.L.405.04 AVIATION SECURITY (BACKGROUND CHECKS) AVIATION SECURITY (BACKGROUND CHECKS) [ S.L.405.04 7 Second Schedule (Regulations 6 and 7) Offences to which these regulations apply 1. Any offence against any of the provisions of the Airports and Civil Aviation (Security) Act, including the attempt to commit such offences. 2. The following crimes referred to in the Criminal Code, including the attempt to commit such crimes: (

1. a)crimes referred to in Sub-Title IVA of Title IX of Part II of Book First of the Criminal Code - Of Acts of Terrorism, Funding of Terrorism and Ancillary Offences; (
2. b)crimes referred to in Sub-title I of Title VIII of Part II of Book First of the Criminal Code - Of Wilful Homicide; (
3. c)crimes referred to in Sub-title II of Title VIII of Part II of Book First of the Criminal Code - Of Wilful Offences against the Person; (
4. d)crimes referred to in Title V of Part II of Book First of the Criminal Code - Of Crimes affecting Public Trust; (
5. e)crimes referred to in Sub-Titles I, II, and III of Title IX of Part II of Book First of the Criminal Code - Of Crimes against the Property and Public Safety; (
6. f)crimes referred to in Sub-Title VII Bis of Title VIII of Part II of Book First of the Criminal Code - Of the Traffic of Persons; and (
7. g)crimes referred to in articles 91, 95, 96, 112 to 121E (both articles included), 250, 311 and 313 of the Criminal Code. 3. Any offence relating to the Dangerous Drugs Ordinance or the Medical Kindred and Professions Ordinance, including the attempt to commit any such offences. 4. Any offence relating to the Arms Act, including the attempt to commit any such offences. 5. Any offence relating to the Immigration Act, including the attempt to commit any such offences. 6. Any offence connected with bomb threats and, or hoaxes, to the detriment of airport security.