s.3Duty to provide advance passenger information
3
Section 3Part 0 —

Duty to provide advance passenger information

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This section applies to an aircraft or vessel which -
is expected to arrive in the Islands; or
is expected to depart from the Islands, but does not apply to a recreational sports fishing vessel.
The local agent of every aircraft or vessel to which this section applies shall provide to the competent authority and IMPACS, the relevant API and data relating to the flight or voyage as set out in Schedule 1.
A local agent who -
fails to provide the API in accordance with subsection (2); or
intentionally or recklessly -
provides an erroneous, faulty, misleading, incomplete or false API; or
transmits the API in an incorrect format;
commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year or to both.
Where the API provided is inaccurate and the local agent of the aircraft or vessel satisfies the competent authority that the error was not made knowingly or recklessly, then notwithstanding any other provision of this Law, the local agent may not be charged for an offence pursuant to subsection (3).
In addition to any information provided pursuant to subsection (2) the competent authority may -
question any captain or master, crew member or passenger in relation to the aircraft or vessel; or
request any person within the category of persons mentioned in paragraph (a) to forthwith produce any document within that person's possession or control in relation to the questions put to the person.
Any captain or master, member of crew or passenger who -
refuses to answer or knowingly gives a false answer to any question put to him by the competent authority; or
fails to comply with a request under subsection 5(b),
commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for six months or to both.
An Assistant Chief Immigration Officer or an immigration officer in a position senior to an Assistant Chief Immigration Officer may waive the requirements of subsection (2) where the aircraft or vessel is -
a military or law enforcement aircraft or vessel;
on official Government business; or
on the business of a humanitarian organisation.

Cross References