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Tuvalu Consolidated Legislation - 2008 Edition

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Plants Act - Plants (Spraying of Aircraft) Regulations

LAWS OF TUVALU
2008 Revised Edition


PLANTS (SPRAYING OF AIRCRAFT) REGULATIONS


CAP. 44.30.5


Arrangement of Regulations


Regulation


1 Citation
2 Interpretation
3 Spraying of aircraft
4 Complying with instructions of quarantine officer
5 No leaving aircraft etc
6 Obstruction of quarantine officer
7 False information
8 Offences and penalties


SCHEDULE


PLANTS (SPRAYING OF AIRCRAFT) REGULATIONS, CERTIFICATE BY CAPTAIN OF AIRCRAFT


Supporting Documents
ENDNOTES


_______________________


PLANTS (SPRAYING OF AIRCRAFT) REGULATIONS


MADE UNDER THE PLANTS ACT1


1 Citation


These Regulations may be cited as the Plants (Spraying of Aircraft) Regulations.


2 Interpretation In these Regulations — "aircraft" means an aircraft arriving in Tuvalu from a place outside Tuvalu.


3 Spraying of aircraft


(1) Where an aircraft arrives in Tuvalu from a place outside Tuvalu —


(a) the cockpit and passenger compartments;

shall be sprayed with insecticide as directed by, and to the satisfaction of, a quarantine officer.


(2) Spraying of the cockpit and passenger compartments of the aircraft under sub-regulation (1) may be carried out in flight immediately before landing in Tuvalu.

(3) Where spraying of the cockpit and passenger compartments is carried out before landing under sub-regulation (2) a quarantine officer may require the captain of the aircraft to sign and deliver to him a certificate in the form of the Schedule.

(4) Spraying of the cockpit and passenger compartments before landing under sub-regulation (2) is without prejudice to the power of a quarantine officer to order further spraying in any case where —

(a) the captain of the aircraft refuses or delays or fails to sign or deliver a certificate; or


(b) the quarantine officer is not satisfied.


4 Complying with instructions of quarantine officer


(1)


(a) The Captain and crew of an aircraft; and


(2) Where a person to whom sub-regulation (1) applies refuses or delays or fails to comply with the instructions of a quarantine officer under sub-regulation (1) he is guilty of an offence punishable in terms of Regulation 8(2).


5 No leaving aircraft etc.


No person shall —


(a) enter or leave an aircraft; or

until the quarantine officer has indicated that the spraying of the aircraft and any subsequent waiting period have both been completed to his satisfaction.


6 Obstruction of quarantine officer


No person shall prevent, hinder or obstruct a quarantine officer in the performance of his functions under these Regulations.


7 False information


A person who, in respect of any matter falling within the scope of these Regulations, —


(a) wilfully makes a statement which he knows to be false; or


(b) recklessly makes a statement which is false in a material particular, is guilty of an offence punishable in terms of Regulation 8(2).


8 Offences and penalties


(1) A person who contravenes Regulation 5 or 6 is guilty of an offence and is liable to imprisonment for 6 months and to a fine of $500.

(2) A person who is guilty of an offence under Regulation 4(2) or 7 is liable to imprisonment for 6 months and to a fine of $500.

________________


SCHEDULE


Regulation 3(3)


PLANTS (SPRAYING OF AIRCRAFT) REGULATIONS, CERTIFICATE BY CAPTAIN OF AIRCRAFT


Flight No.: ..................From: ........................................on .............................................


(date) .................


I certify that the cockpit and passenger compartments of aircraft registration No.:..........................have been sprayed with insecticide (provided by a quarantine officer) at .............................................(time) immediately prior to landing in Tuvalu.


........................................................ (Signature)


........................................................ (Name of Captain in block letters)


Note: Making a false or reckless statement in this certificate is a criminal offence under regulation 7 and is liable to a penalty of 6 months imprisonment and a fine of $500 under Regulation 8(2).


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