Air Transport Act, 1986
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Offences. |
6.—(1) Where— | |
(a) a person collects, charges, makes, applies or imposes any fare, rate or other charge, term or condition to which this Act applies, and | ||
(b) (i) the fare, rate or other charge, term or condition is not contained in an airline tariff previously submitted by or on behalf of the air carrier concerned to the Minister pursuant to the requirements of section 3 of this Act, or | ||
(ii) such an airline tariff has been so submitted but the Minister has refused to approve of the fare, rate or other charge, term or condition, on such submission, or | ||
(iii) such an airline tariff has been so submitted and has, been approved of by the Minister subject to a modification, but in collecting, charging, applying or imposing the charge, term or condition the modification is disregarded by the person, | ||
the person shall be guilty of an offence. | ||
(2) A person who operates an air service or an intermediary to whom this section applies shall neither— | ||
(a) print, publish, cause or procure to be printed or published any advertisement advertising any fare, rate or charge which is both— | ||
(i) a fare, rate or charge to which this Act applies, and | ||
(ii) a fare, rate or charge, the collection, charging or making of which would, if made, constitute an offence under this Act, nor | ||
(b) distribute or otherwise make available to the public any document containing— | ||
(i) an advertisement described in paragraph (a) of this subsection, or | ||
(ii) any reference to a fare, rate or charge described in subparagraphs (i) and (ii) of the said paragraph (a). | ||
(3) A person who contravenes subsection (2) of this section shall be guilty of an offence. | ||
(4) In the event of a person, other than the air carrier in whose airline tariff the relevant fare, rate or other charge, term or condition is contained, committing an offence under subsection (1) or (3) of this section, that air carrier shall, subject to subsection (5) of this section, be deemed to have committed an offence under the said subsection (1) or (3), as may be appropriate. | ||
(5) In any proceedings for an offence under this section it shall be a defence for the defendant to prove— | ||
(i) that at the time of the alleged offence, the fare, rate or other charge, term or condition to which the alleged offence relates stood fixed by an order under section 9 (as amended by section 10 of this Act) of the Act of 1965, or | ||
(ii) that the relevant contravention was committed without his consent, connivance or default or that he took, or caused to be taken, reasonable steps to prevent or avoid the contravention. | ||
(6) Any person who contravenes, whether directly or as an agent of an air carrier, a direction under section 4 of this Act shall be guilty of an offence. | ||
(7) Where an offence under subsection (1), (3) or (6) of this section is, or, by virtue of subsection (4) of this section, is deemed to have been, committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to have been facilitated by the wilful default on the part of, any director, manager, secretary or other officer of the body, he, as well as the body, shall be deemed to have committed the first-mentioned offence. | ||
(8) In this section “intermediary to whom this section applies” means a person who as agent— | ||
(a) arranges for the purpose of selling or offering for sale, or | ||
(b) sells or offers for sale, or | ||
(c) purchases or offers to purchase, | ||
accommodation for the transport by air of passengers, mail or other cargo or who holds himself out, by advertising or otherwise, as one who may make available such accommodation, whether alone or in association with other accommodation, or with facilities or services. |