Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697627371063.pdf (Antigua and Barbuda)
The Immigration and Passport (Amendment) Act, 2016 8 No.

4 of 2016 ANTIGUA AND BARBUDA 8.

Amendment of section 30 –––– Master of vessel to provide passenger information Section 30 of the principal Act is repealed in its entirety.

9.

Amendment section 31 –––– Duty of captain or master to prevent landing etc.
Section 31 of the principal Act is amended – (a) In subsection (1) by repealing the words “the master of a vessel to which section 30 applies may” and substituting the words “Every captain or master of an aircraft or vessel shall” (b) In the umbrella of subsection (2) by – (i) inserting after the words “, where the” the words “captain or”; (ii) repealing the word “arriving” and substituting the words “that arrives”; (iii) repealing the words “from a place outside Antigua and Barbuda”.
(c) In subsection 2(a) by repealing the words "a member of the crew of the vessel has deserted from the vessel while in Antigua and Barbuda” and substituting the words “a member of the crew who is not a citizen of Antigua and Barbuda intends to desert the aircraft or vessel on arrival in Antigua and Barbuda;” (d) In subsection 2 (b) by – (i) inserting after the words “on board the” the words “aircraft or”; (ii) repealing the word “while”; (e) In subsection 2(c) by – (i) inserting after the words “on board the” the words “aircraft or”; (ii) repealing the word “while” THE IMMIGRATION AND PASSPORT (AMENDMENT) ACT, 2016 No.
4 of 2016 [Published in the Official Gazette Vol.

XXXVI No.

36 dated 16th June, 2016] ________ Printed at the Government Printing Office, Antigua and Barbuda, by Ralph George, Government Printer — By Authority, 2016.

500—6.16 [Price: $6.45] The Immigration and Passport (Amendment) Act, 2016 2 No.

4 of 2016 No.
4 of 2016 No.

4 of 2016 7 The Immigration and Passport (Amendment) Act, 2016 (i) inserting after “and search” the words “an aircraft or”; and (ii) inserting after the words “Barbuda from” the words “an aircraft or”.

(b) In subsection (1) (g) by – (i) inserting after the words “require the” the words “captain,” and (ii) inserting after the words “persons on the” the words “aircraft or” 5.
Amendment of Section 17 –––– Regulation of Entry and Departure Section 17 of the principal Act is amended as follows – (a) In subsection (3) by – (i) repealing the words “a vessel” and substituting with the words “an aircraft or vessel”; (ii) inserting after the words “disembark from the” the words “aircraft or” (b) In subsection (4) by – (i) inserting after the words “subsection (3), the” the words “captain or”; (ii) repealing the words “a vessel” and substituting the words “an aircraft or vessel”.

6.
6.

Amendment to Section 24 –––– Bona fide visitors Section 24 of the principal Act is amended in subsection (1) by repealing the words “a vessel” and substituting the words “an aircraft or vessel”.

7.

Amendment section 25 –––– Requirement of student permit Section 25 of the principal Act is amended in subsection (5) by repealing the words “a vessel” and substituting the words “an aircraft or vessel”.

The Immigration and Passport (Amendment) Act, 2016 6 No.

4 of 2016 No.
4 of 2016 No.

4 of 2016 3 The Immigration and Passport (Amendment) Act, 2016 “captain” means the pilot designated by the operator or, in the case of general aviation, the owner or pilot designated by the owner as being in command and charged with the safe conduct of the flight.
“crew” means – (i) (ii) In relation to an aircraft, a licensed pilot and persons authorized by the owner or agent of the aircraft to perform duties essential to the operation of the aircraft or the safety and well being of the passengers during the flight; In relation to a vessel, an individual charged with performing duties essential to the operation of the vessel and the safety and service to its passengers; and ANTIGUA AND BARBUDA THE IMMIGRATION AND PASSPORT (AMENDMENT) ACT, 2016 ARRANGEMENT OF CLAUSES CLAUSES 1.
Short title 2.

Interpretation 3.

Amendment of section 3 – Interpretation “member of crew” has the like connotation in the particular context.

4.

Amendment to section 6 – Functions, Powers etc.

of Immigration Officer (b) by repealing the definition of “Competent Authority” and substituting the following – 5.

Amendment of Section 17 – Regulation of Entry and Departure 6.

Amendment to Section 24 – Bona fide visitors “Competent Authority” means the Chief Immigration Officer or someone appointed by him.
7.

Amendment section 25 – Requirement of student permit (c) By inserting in the definition of “owner” – (i) after the words “in relation to” the words “an aircraft or”; and (ii) by inserting after the words “in charge of the” the words “aircraft or” .

(d) By repealing the definition of “vessel” and substituting the following – “designated port” means a port of entry as defined in the principal Act and any port so prescribed by law and notified by publication in the Gazette.
“vessel” means any ship, boat, yacht, aircushion or other floating or submersible transportation, including amphibious vehicles, hydrofoil craft or hovercraft by means of which persons and goods can travel across international borders.” 8.

Amendment of section 30 – Master of vessel to provide passenger information 9.

Amendment section 31 – Duty of captain or master to prevent landing etc.

10.

Amendment of section 32 – Liability for repatriation 11.
Amendment of Section 33 – Discharge of crew of an aircraft or vessel, etc.

12.

Amendment of Section 34 – Liability of captain or master etc.

for expenses 13.

Amendment of section 35 – Offences committed by member of crew, etc.

14.

Amendment of section 50 – Order respecting refusal of entry into Antigua and Barbuda 15.

Amendment to section 51 – Removal of prohibited and illegal immigrants from Antigua and 4.

Amendment to section 6 – Functions, Powers etc.


of Immigration Officer Barbuda Section 6 is of the principal Act is amended – (a) In subsection (1) (a) by – 16.

Amendment to section 52 – Deportation Orders 17.

Amendment to section 53 – Detention of persons The Immigration and Passport (Amendment) Act, 2016 4 No.

4 of 2016 No.

4 of 2016 5 The Immigration and Passport (Amendment) Act, 2016 18.

Amendment to section 55 – Notification of reasons for detention and arrest [ L.S.]

19.
19.

Amendment of section 69 – Power of the Chief Immigration Officer to impose fixed penalties etc.

20.

Amendment of section 77 – Police officers, etc.

to assist immigration officers 21.

Amendment to section 78 – Power to postpone decision 22.

Amendment of section 79 – Power to make regulations 23.

Amendment of section 80 – Amendment of schedules 1 and 2 24.

Repeals I Assent, Rodney Williams, Governor-General.

7th June, 2016.
7th June, 2016.

ANTIGUA AND BARBUDA THE IMMIGRATION AND PASSPORT (AMENDMENT) ACT, 2016 No.

4 of 2016 AN ACT to amend the Immigration and Passport Act, 2014 No.

6 of 2014 and for incidental and connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows: 1.

Short title This Act may be cited as the Immigration and Passport (Amendment) Act, 2016.

2.

Interpretation (1) In this Act “the principal Act” means the Immigration and Passport Act 2014, No.

6 of 2014.

3.
6 of 2014.

3.

Amendment of Section 3 – Interpretation Section 3 of the principal Act is amended – (a) by inserting in the correct alphabetical order the following definitions: “aircraft” means any aeroplane or helicopter or other means of airborne navigation by means of which persons, goods or both can travel across international borders.

The Immigration and Passport (Amendment) Act, 2016 16 No.

4 of 2016 No.

4 of 2016 9 The Immigration and Passport (Amendment) Act, 2016 21.
Amendment to section 78 –––– Power to postpone decision Section 78 (1) (b) of the principal Act is amended by repealing the words “a vessel” and substituting the words “an aircraft or vessel” 22.

Amendment of section 79 –––– Power to make regulations Section 79 (2) of the principal Act is amended as follows – (a) In subsection (2) (a)(xi) by repealing the words “a vessel” and substituting the words “an aircraft or vessel”.
(b) In subsection (2) (j) by inserting after the words “Barbuda, on the” the words “aircrafts or”; (iii) repealing the words “master of the vessel” in the continuation of subsection (2) (iv) repealing the words “ship of” at paragraph (ii) and substituting “the aircraft or vessel” (f) In subsection 3 by – (i) inserting after the words “Where the” the words “captain or”; (ii) repealing the words “of a vessel”; (iii) inserting after the words “control of the” the words “captain or”; (iv) inserting after the words “master, the” the words “captain or”; 10.
Amendment of section 32 –––– Liability for repatriation Section 32 of the principal Act is amended as follows – (c) In subsection (2) (k) by inserting after the words “carried by” the words “aircraft or” (a) In subsection (1) by – (d) In subsection (2) (l) by – (i) (ii) inserting after the words “a crew of” the words “an aircraft or”; (i) inserting after “Antigua and Barbuda on an” the words “aircraft or”; (ii) repealing the words “from a place outside Antigua and Barbuda”; Inserting after the words “persons on board” the words “the aircraft or”; (iii) inserting in paragraph (a) after the words “by the” the words “captain or”; 23.
Amendment of section 80 –––– Amendment of schedules 1 and 2 (iv) inserting in paragraph (a) after the words “master of the” the words “aircraft or”; Section 80 of the principal Act is amended by repealing the word “and Schedule 2”.

(v) inserting in paragraph (a) after the word “that” the words “aircraft or”.

24.

Repeals Schedule 2 of the Immigration and Passport Act 2014, No.

6 of 2014 is repealed.


(vi) inserting in paragraph (b) after the words “agent of the” the words “aircraft or”; (vii) inserting after “in any other” the words “aircraft or”.

(b) In subsection (2) by – (i) inserting after the words “given to the” the words “captain,”; The Immigration and Passport (Amendment) Act, 2016 10 No.

4 of 2016 No.
4 of 2016 No.

4 of 2016 15 The Immigration and Passport (Amendment) Act, 2016 (ii) repealing the article “a” and substituting “an aircraft or vessel”; (b) In subsection (4) – (iii) inserting after the words “Antigua and Barbuda, the” the words “captain or”; (iv) inserting in paragraph (a) after the first “the” the words “aircraft or”; (v) inserting in paragraph (b) after the words “any other” the words “aircraft or”.
(vi) inserting in the continuing paragraph after the words “by the same” the words “aircraft or”.
(c) In subsection (3) by – (i) inserting after the words “subsections, the” the words “owner’s or agents of the aircraft or vessel on which the immigrant and any dependent arrived”; (ii) repealing the word “master”; (iii) repealing the word “at the expense of the master”; (iv) repealing the words “of such”; (i) In the umbrella by inserting after the words “(3) from the” the words “aircraft or”; (ii) At paragraph (b) by inserting after the words “owners of the” the words “aircraft or”.

18.
18.

Amendment to section 55 –––– Notification of reasons for detention and arrest Section 55 of the principal Act is amended by – (a) In subsection (2) by – (i) inserting after the words “if possible, the” the word “captain,”; (iii) inserting after the words “local agent of the” the words “aircraft or”.

19.

Amendment of section 69 –––– Power of the Chief Immigration Officer to impose fixed penalties etc.

(v) inserting after the word “dependents” the words “of such immigrant”.
Section 69 (2) of the principal Act is amended as follows – (d) In subsection (4) (b) by – (i) By repealing the words “a vessel” and substituting the words “an aircraft or vessel”; (i) inserting after the word “owner” the words “or agent”; (ii) By inserting after the words “in respect of the owner,” the words “captain,”; (ii) inserting after the words “of the” the words “aircraft or”.
(iii) By inserting after the words “representative of the” the words “aircraft or”; (e) In subsection 5 by inserting after the words “agents of the” the words “aircraft or” (iv) By inserting after the words “of such owner,” the words “captain,”.

11.

Amendment of Section 33 –––– Discharge of crew of an aircraft or vessel, etc.

20.

Amendment of section 77 –––– Police officers, etc.


to assist immigration officers (a) In subsection (1) by – Section 77 (2) of the principal Act is amended as follows – (i) repealing the article “a” and substituting “an aircraft or” (ii) inserting after the words “discharged from the” the words “aircraft or”.

(i) By repealing the words “a vessel” and substituting the words “an aircraft or vessel”; (ii) By inserting after the words “may board such” the words “aircraft or”.
The Immigration and Passport (Amendment) Act, 2016 14 No.

4 of 2016 No.

4 of 2016 11 The Immigration and Passport (Amendment) Act, 2016 (d) In subsection (5) by inserting after the words “owners or agents of the” the words (b) In subsection (2) by – “aircraft or”.
(i) by repealing the article “a” and substituting “an aircraft or”; (e) In subsection (7) by inserting after the words “owners or agents of the” the words (ii) by inserting after the words “unless the owner,” the word “captain”; “aircraft or” (iii) by inserting after the words “or agent of the” the words “aircraft or”; (f) In subsection (8) by repealing the words “a vessel” and substituting “an aircraft or (c) In subsection (3) – vessel”.

15.
15.

Amendment to section 51 –––– Removal of prohibited and illegal immigrants from Antigua and Barbuda Section 51 (1) (a) of the principal Act is amended by inserting after the words “by a specified” the words “aircraft or”.

16.
Amendment to section 52 –––– Deportation Orders Section 52 (4) of the principal Act is amended as follows – (a) At paragraph (b) by inserting after the word “suitable” the words “aircraft or”; (b) At paragraph (c) – (i) By repealing the words “a vessel” and substituting the words “an aircraft or vessel”; (i) (ii) by repealing in the article “a” in the introductory paragraph and substituting “an aircraft or”; at paragraph (a) by inserting after the words “from the” the words “aircraft or”; (iii) at paragraph (b) by inserting after the words “deserts from the” the words “aircraft or”; (iv) at paragraph (c) by inserting after the words “Antigua and Barbuda by the” the words “aircraft or”; 12.
Amendment of Section 34 –––– Liability of captain or master etc.

for expenses Section 34 of the principal Act is amended as follows – (a) In subsection (1) by – (i) inserting after “The” the word “captain,”; (ii) By inserting after the words “long as the” the words “aircraft or”.

(ii) repealing the article “a” and substituting “an aircraft or”; 17.
Amendment to section 53 –––– Detention of persons (b) In subsection (2) by – Section 53 of the principal Act is amended as follows – (a) In subsection (3) (a) by inserting after the words “detained on the” the words “aircraft or”; (i) inserting after the word “from the” the word “captain,” ; (ii) by inserting after the words “agents of the” the words “aircraft or” The Immigration and Passport (Amendment) Act, 2016 12 No.

4 of 2016 No.

4 of 2016 13 The Immigration and Passport (Amendment) Act, 2016 13.
Amendment of section 35 –––– Offences committed by member of crew, etc.
(a) In subsection (2) (a) by– Section 35 of the principal Act is amended as follows – (a) In the opening paragraph by – (i) repealing the words “a vessel” and substituting “an aircraft or”; (ii) inserting after the words “an extra hand,” the words “who is not”; (iii) repealing the words “other than a”; (iv) inserting after the words “Barbuda of the” the words “aircraft or”; (v) inserting after the words “or while the” the words “aircraft or”.
(b) In paragraph (a) by – (i) inserting after the words “order the member of the crew of the” the words “the aircraft or”; (ii) inserting after the words “readiness of the” the words “aircraft or”; (iii) inserting after the words “custody aboard the” the words “aircraft or”; (i) inserting after the words “to the” the words “captain or”; (ii) inserting after the words “of the” the words “aircraft or”; (iii) inserting after the words “requiring the” the words “captain or”; (iv) inserting after the words “master of the” the words “aircraft or”; (v) inserting after the words “Barbuda in that” the words “aircraft or”.
(b) In subsection (2) (b) by – (i) inserting after the words “the owner or” the words “agent”; (ii) inserting after the words “of the” the words “aircraft or” (iii) repealing the words “or the agent of the owner of the vessel; (iv) repealing the word “and” which appears after “owner” and substituting the word “or”; (v) repealing the words “in a vessel” and substituting the words “in an aircraft or vessel”.

(iv) inserting after the words “if the member of crew of the” the words “aircraft or”.
(c) In subsection (2) (c) by – (c) In paragraph (b) by – (i) (ii) inserting after the words “order the member of the crew of the” the words “aircraft or”; (i) inserting after the words “the owner or” the words “agent”; (ii) inserting after the words “of the” the words “aircraft or” (iii) repealing the words “or the agent of the owner of the vessel; inserting after the words “against the member of the crew of the” the words “aircraft or”.
(iv) repealing the word “and” which appears after “owner” and substituting the word “or”; 14.

Amendment of section 50 –––– Order respecting refusal of entry into Antigua and Barbuda (v) repealing the words “in a vessel” and substituting the words “in an aircraft or vessel”.

Section 50 of the principal Act is amended as follows – No.

4 of 2016 17 The Immigration and Passport (Amendment) Act, 2016 Passed the House of Representatives on the 30th March, 2016.

Passed the Senate on the 6th April, 2016.


Gerald Watt, Q.C., Speaker.

Alincia Williams-Grant, President.

Ramona Small, Clerk to the House of Representatives.

Ramona Small, Clerk to the Senate.