Interpretation

In this Act, unless the context otherwise requires“acts of unlawful interference” means acts or attempted acts which jeopardize or may jeopardize the safety of civil aviation and air transport, including the– (a) unlawful seizure of aircraft in flight; (b) unlawful seizure of aircraft on the ground; (c) taking of hostages on board aircraft or on aerodromes or airports; (d) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility; (e) introduction on board an aircraft or at an airport of a weapon, including a chemical or biological weapon, explosive or hazardous device, substance or material intended for criminal purposes; 6 (f) communication of false information which jeopardizes or which may jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of an aeronautical facility; “aerial work” in respect of an aircraft, means an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction, photography, surveying observation and patrol, search and rescue, aerial advertisement, and other specialized services; “aircraft security check” means an inspection of the interior of an aircraft to which passengers may have had access and an inspection of the hold for the purposes of discovering suspicious objects, weapons, explosives or other dangerous devices, articles or substances; “aircraft security search” means a thorough inspection of the interior and exterior of the aircraft for the purpose of discovering suspicious objects, weapons, explosives or other dangerous devices, articles or substances; “airside” means the movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is controlled by security; “background check” means a check of a person’s identity and previous experience, including the person’s criminal history, as part of the assessment of an individual’s suitability to implement a security control and/or for unescorted access to a security restricted area within an airport, aerodrome or other aeronautical facility; “Belize National Civil Aviation Security Programme” means produced by the Department of Civil Aviation pursuant to the Security Manual for Safeguarding Civil Aviation Against Acts Civil Aviation Security Act [CAP. 239:01 7 of Unlawful Interference of the International Civil Aviation Organisation; “cargo” means any property carried on an aircraft other than postal mail, stores and accompanied or mishandled baggage; “certification” means a formal evaluation and confirmation, for civil aviation security purposes, by, for or on behalf of the Department of Civil Aviation, that a person possesses the necessary competencies to perform assigned functions to an acceptable level as defined by the Department of Civil Aviation from time to time; “commercial air transportation operation” means an aircraft operation involving the transportation of passengers, cargo or postal mail for remuneration, hire or reward; “Concession Company” means the Belize Airport Concession Company Limited with responsibility for the management and administration of the Philip S. W. Godson International Airport and includes any successor to that company or any other concession company with responsibility for the management and administration of an airport or aerodrome; “Convention” means any of the following Conventions, (a) the on International Aviation, including Annex 17 of thereof; (b) the Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at Tokyo on 14th September, 1963; (c) the Convention for the Suppression of Unlawful Seizure of Aircraft done at The Hague on 16th December, 1970; (d) the Convention for the Suppression of Unlawful Acts Against the Safety of Civil 8 done at Montreal on 23rd September, 1971; (e) the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14th December, 1973; (f) the International Convention Against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17th December, 1979; (g) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 24th February, 1988; (h) the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10th March, 1988; (i) the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10th March, 1988; (j) the Convention on the Marking of Plastic Explosives for the Purposes of Detection, signed at Montreal, on 1st March, 1991; (k) the International for the Suppression of Terrorist Bombings, adopted Civil Aviation Security Act [CAP. 239:01 9 by the General Assembly of the United Nations on 15th December, 1997; “corporate aviation” means the non-commercial operation or use of an aircraft by a company for the carriage of passengers or goods as an aid to the conduct of company business, flown by a professional pilot employed by the company to fly the aircraft; “disruptive passenger” means a passenger who fails to respect the rules of conduct at an airport, aerodrome, aeronautical facility or on board an aircraft, or to follow the instructions of airport staff or crew members and thereby disrupts or disturbs the good order and discipline at an airport, aerodrome, aeronautical facility or on board an aircraft; “general aviation operation” means an aircraft operation other than a commercial air transport operation or an aerial work operation; “human factor principles” in respect of civil aviation, means principles which apply to design, certification, training, operations and maintenance, and which seek safe interface between the human and other system components of civil aviation by proper consideration to human performance; “human performance” means human capabilities and limitations which have an impact on the safety, security and efficiency of aeronautical operations; “Minister” means the Minister for the time being responsible for “regulated agent” means an agent, freight forwarder or any other entity which or who conducts business with an aircraft operator and provides security controls that are accepted or required by the Department of Civil Aviation in respect of cargo, baggage or postal mail; 10 “screening” means the application of technical or other means designed to identify and/or detect weapons, explosives, or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference; “security” means the safeguarding of civil aviation against acts of unlawful interference; “security audit” means an in-depth compliance examination of all aspects of the implementation of the Belize National Civil “security control” refers to a means by which the introduction at an airport, aerodrome, aeronautical facility or in an aircraft of weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference may be prevented; inspection” means an examination of the implementation of the Belize National Civil Aviation Security Programme requirements by airline, airport or other entity involved in security; “security restricted areas” means those areas of the airside of an airport, aerodrome or aeronautical facility which are identified by the Department of Civil Aviation as priority risk areas where, in addition to access control, other security controls are applied, and includes, (a) all commercial aviation passenger departure areas between the screening checkpoint and the aircraft; (b) the ramp; (c) baggage make-up areas, including those where aircraft are brought into service and screened baggage and cargo are loaded or present; Civil Aviation Security Act [CAP. 239:01 11 (d) cargo sheds; (e) mail centres; (f) airside catering areas; (g) aircraft cleaning premises; “security survey” means an evaluation of security needs including the identification of vulnerabilities which can be exploited by any person to carry out an act of unlawful interference, and the recommendation of corrective actions; “security test” means a covert or an overt trial of an aviation security measure which simulates an attempt to commit an act of unlawful act; “unidentified baggage” means baggage at an airport, with or without a baggage tag, which is not picked up by or identified with a passenger.