Safety of Civil Aviation Act, 1989
- Commenced on 18 August 1989
- [This is the version of this document at 31 December 1996.]
1. Short titleThis Act may be cited as the Safety of Civil Aviation Act.
3. Aircraft in flightFor the purpose of this Act the period during which an aircraft is in flight shall be deemed to include—
4. Aircraft in serviceAn aircraft shall be deemed to be in service from the beginning of the pre-flight preparation of the aircraft by ground personnel and by the crew for a specific flight until twenty-four hours after any flight.
5. Territorial limitsIn this Act, except where the context otherwise requires any reference to a country or the territorial limits of that country shall be construed as including the territorial waters, if any, of the country and any part of a flight which is on or over the surface of the sea or land but not within the territorial limits of any country.
6. Country of registrationWhere an airline, or air transport organisation, operator or other agency operates an aircraft between two or more countries it shall—
7. Offences in flightAny person who, on board an aircraft in flight—
8. Offences in service and endangering safetyAny person who—
9. PenaltyAny person convicted of an offence under sections seven or eight shall be liable to imprisonment for a minimum term of not less than fifteen years and up to a maximum term of life imprisonment.
10. Provisions as to Extradition Act
11. Duties of CommanderThe Commander of an aircraft shall take all measures he considers reasonable—
12. Powers of Commander of aircraftIf the Commander of an aircraft in flight is of the opinion that any person on board the aircraft—
13. Assistance with restraintAny member of the crew of an aircraft who is authorised or requested by the commander of the aircraft, to do so shall render assistance in restraining any person whom the Commander considers should be restrained.
14. Emergency measuresAt any time when the aircraft is in flight any member of the crew or any other person, if he has reasonable grounds to believe that measures are emergently and immediately necessary for protection of the safety of the aircraft or of any person or property on board the aircraft, may take any necessary measures including restraint of any person prior to obtaining the authority of the Commander.
15. Disembarking personThe commander of an aircraft may disembark any person on board that aircraft in any country in which that aircraft may be, if he believes it is necessary to do so in order to—
16. Report to authorities
17. Termination of restraintAny restraint imposed on any person on board and aircraft under sections twelve, thirteen or fourteen shall not be continued after the time when the aircraft first ceases to be in flight unless, before or as soon as is reasonably practicable after that time, the Commander of the aircraft has reported his intention to disembark that person under to section sixteen.
18. Continuation of restraintAny restraint imposed on any person under this Act may be continued after the Commander has reported his intention pursuant to section sixteen—
19. Duty of authority taking custodyAny police officer or immigration officer who takes custody of any person disembarked by the commander of an aircraft shall—
20. Jurisdiction of High Court
21. Deemed registrationAny Zambian controlled aircraft shall be deemed to be registered in Zambia whether or not it is, in fact, so registered and whether or not it is, in fact registered in some other country.
22. Application of criminal law to aircraft
23. Consent of Director of Public Prosecutions
24. JurisdictionFor the purpose of conferring jurisdiction and notwith-standing anything contained to the contrary in any other written law, any offence under the law in force in Zambia committed on board an aircraft in flight shall be deemed to have been committed in any place in Zambia where the offender may be for the time being.
25. Certification convention countryThe Minister may, by statutory instrument, certify that any country specified in that instrument is a convention country, and that statutory instrument shall be conclusive evidence that the country in question is a convention country.
26. Evidence of offence on aircraft
27. OffenceAny commander of an aircraft who, without reasonable cause, fails to comply with section sixteen and, any police officer or immigration officer who without reasonable cause, fails to comply with section nineteen shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding six months or to both.[As amended by Act No. 13 of 1994]
28. Reporting offencesThe Director of Public Prosecutions shall report to the Council of the International Civil Aviation Organisation, as soon as is reasonably possible, any relevant information that Zambia may have concerning—
History of this document
31 December 1996 this version
18 August 1989