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. 2 4 CAP. 229) Juvenile LAWS OF ANTlGUA AND BARBUDA (c) a contribution order in the sum of $ ................ a week payable by ........................................................ being the .......................................... of the said juvenile has been made. Given under my hand this day of The Juvenile Act (Cap. 229.) SS.
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229.) SS. 35, 38 WHEREAS an order committing ............................... a juvenile to the care of ..................... of ....................... had this day beenfwas on the ........... day of .................... made by this court. AND WHEREAS the said ....................................... has made application for a contribution order.
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IT IS HEREBY ORDERED that .............................. being the ............................. of the said juvenile shall pay to .................................................. the sum of ............ each week to be applied in accordance with the provisions of the Juvenile Act, the first of such payments to be made on the .......... day of .................................... so long as the said juvenile remains in the care of the said .................. or until this order is varied or revoked in accordance with the provisions of the Juvenile Act.
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Given under my hand this ............. day of ................ LAWS OF ANTIGUA AND BARBUDA Juvenile (CAP. 229 25 The Juvenile Act (Cap. 229.)
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S. 36 ORDER TRANSFERRING PAYMENTS UNDER AFFILIATION ORDER against WHEREAS an affiliation order was made on the ...... day of ............................. ............... ordering him to pay the sum of ............ a week to ........... towards the maintenance and education of ......................... a juvenile of the age of ............................................... ..................... of AND WHEREAS an order committing the said juvenile to the care of ........................... has this day beenlwas on the ............. day of ............. made by this court.
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AND WHEREAS the said application for a contribution order. ......................... has made IT IS HEREBY ORDERED that the payments to be made by the said ........................ under the said affiliation order shall be made to .................................... instead of to the said so long as the said ...................... day of affiliation order remains in force, to be applied in accordance with the provisions of the Juvenile Act.
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the first of such payments to be made on the ...................... ..... ..... Given under my hand this ............. day of ............., at .................................................. 19
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LAWS OF ANTIGUA AND BARBUDA Antibiotics and Therapeutic Substances (CAP. 17 1 CHAPTER 17 T H E ANTIBIOTICS AND THERAPEUTIC SUBSTANCES ACT Arrangement of Sections Section 1. Short title. 2. Drugs to which Act applies. 3. Licence for manufacture or sale. 4. Restriction on sale or supply of drugs, etc. 5. No drugs to be imported without a licence. 6. Licence to store drugs. 7. Form of licence. 8. Cancellation of licence. 9.
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Form of licence. 8. Cancellation of licence. 9. Sale of drugs to medical practitioners, dentists and veterinary surgeons. 10. Right to enter and inspect premises. 11. Authority to take samples of drugs. 12. Indentification numbers and date of manufacture on containers. 13. Licence holder to keep records, 14. Authority to enter and examine records. 15. Regulations. 16. Offences. 17. Offence by body corporate. 18. Penalty. SCHEDULE.
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18. Penalty. SCHEDULE. LAWS OF ANTIGUA AND BARBUDA Antibiotics and Therapeutic Substances (CAP. 17 3 ANTIBIOTICS AND THERAPEUTIC SUBSTANCES ( I s t June' .) 911950. S.R.O. 2511953. S.R.O. 2211956. 1811989. 1. This Act may be cited as the Antibiotics and short title. Therapeutic Substances Act. 2. This Act shall apply to the antibiotics and Drugstowhich therapeutic substances specified in the Schedule and to any Schedule.
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antibiotic or therapeutic substances which may from time to time be added to the Schedule by regulations made under this Act. Act applies. 3. ( 1 ) NO person shall manufacture for sale or supply Licence manufacture for or any antibiotic or therapeutic substance to which this Act ,,I,. applies unless he is the holder of a licence granted for this purpose by the Licensing Authority.
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(2) For the purposes of this Act and the administration thereof the Licensing Authority shall be such person as is appointed in that behalf by the Governor-General. 4. ( 1 ) Subject to the provisions of this section, no per- Restriction on son shall sell or supply any antibiotic or therapeutic substance ~~B~~ specified in the Schedule or any preparation of which any Schedule.
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antibiotic or therapeutic substance is an ingredient or part unless- : E ~ ~ ~ ~ ( a ) he is a registered medical practitioner or a registered dentist or a veterinary surgeon or a person acting in accordance with the directions of any such prac- titioner, dentist or surgeon, and the antibiotic, therapeutic substance or preparation is sold or supplied for the purposes of treating by and in accordance with the directions of the practitioner, dentist or surgeon, or ( 6 ) he is a registered chemist and druggist and the antibiotic, therapeutic substance or preparation is sold or supplied under the authority of a prescription signed and dated by any such practitioner, dentist or surgeon, as aforesaid: 4 C A P .
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17) Antibiotics and Therapeutic Substances LAWS OF ANTIGUA AND BARBUDA Provided that this subsection shall not apply to the sale or supply of any such antibiotic, therapeutic substance or preparation- ( a ) by way of wholesale dealing; or ( b ) for the purpose of being exported; or ( c ) to any such practitioner, dentist or surgeon as aforesaid; or (6) to any authority or person carrying on a hospital, clinic, nursing home or other institution pro- viding medical, surgical, dental or veterinary treatment; or (e) to any government department the head of which is in possession of a permit issued by the Licens- ing Authority authorizing him to obtain and use for the purposes specified in such permit any such antibiotic, therapeutic substance or preparation.
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(2) A prescription signed by any such practitioner, dent- ist or surgeon, authorizing the sale or supply of any such antibiotic, therapeutic substance or preparation shall not, unless it expressly so directs, be dispensed on more than one occasion or more than three months after the date on which it was signed: Provided that, if the prescription expressly directs that it may be dispensed on a specified number of occasions or at specified intervals within a specified period it shall on the last time of dispensing be retained for a period of one year by the person last dispensing it and be made available for inspection by the Licensing Authority or by any person duly authorized by him to make inspections under this Act.
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No drugs to be imported without a licence. 5.
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5. It shall not be lawful to import into Antigua and Barbuda any antibiotic or therapeutic substance to which this Act applies unless- (a) the person is the holder of a licence granted by the Licensing Authority to import such antibiotic or therapeutic substance; and (6) the antibiotic or therapeutic substance has been manufactured by a pharmaceutical firm approved by the Licensing Authority; and LAWS OF ANTIGUA AND BARBUDA Antibiotics and Therapeutic Substances (CAP.
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17 5 (6) the antibiotic or therapeutic substance complies with such standard of strength, quality and purity as may be prescribed by regulations made under this Act. 6. No person shall store any antibiotic or therapeutic Licence to store drugs.
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substance to which this Act applies for the purpose of sale unless he is the holder of a licence granted by the Licensing Authority to store such antibiotic or therapeutic substance and no such licence shall be granted except on proof to the satisfaction of the Licensing Authority that the storage facilities of the applicant are adequate. 7. Licences issued under this Act shall be in such form Form licence. as may be prescribed in regulations made under this Act. 8.
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8. The Licensing Authority may cancel or suspend Cancellation of licence. for such period as he thinks fit any licence issued under this Act if the holder thereof fails to comply with any of the pro- visions of this Act or of any regulations made thereunder or of any of the conditions contained in such licence: Provided that on such cancellation or suspension the licensee may appeal to the Cabinet whose decision shall be final. 9.
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9. No importer of any antibiotic or therapeutic sale of drugs to substance to which this Act applies shall sell or transfer any practitioners, such antibiotic or therapeutic substance to any person other dentists veterinary and than a registered medical practitioner or to a registered dentist surgeons. or to a veterinary surgeon unless such person is the holder of a licence to store such antibiotic or therapeutic substance granted under the provisions of this Act. medical - 10.
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medical - 10. Any person authorized in writing by or on behalf :T:$p::ter of the Licensing Authority may at any time between the hours ,remises.
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of 6 a.m. and 6 p.m. enter any premises in which he has reason to believe that any antibiotic or therapeutic substance to which this Act applies is being kept which has been acquired or is being kept in contravention of the provisions of this Act or of any regulations made thereunder, and may carry out such inspection of the premises as he may con- sider necessary, or may require the occupier or person in charge of the premises to furnish him with such information in connection with such antibiotic or therapeutic substance 6 CAP.
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17) Antibiotics and Therapeutic Substances LAWS OF ANTIGUA AND BARBUDA Authority to take samples of drugs. Identification numbers and date of manufacture On containers. as he may consider necessary.
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as he may consider necessary. Any antibiotic or therapeutic substance in respect of which there has been a breach of any of the provisions of this Act or of any regulations made thereunder may be seized by such person authorized as aforesaid and on conviction of the offender shall be forfeited to Her Majesty and shall be dealt with as the Governor- General may direct. 1 .
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1 . Any person authorized in writing by or on behalf of the Licensing Authority may require the holder of a licence to store antibiotic or therapeutic substances granted under the provisons of this Act to produce samples of any antibiotic or therapeutic substance to which this Act applies which may be in his possession and, on payment of the current market value of any sample, may require that it be delivered to him for purposes of assay.
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If any such sample is found on assay to have deteriorated to such an extent, or to contain toxic substances in such amounts, as in the opinion of the Licens- ing Authority to render it ineffective or unfit for use as an antibiotic or therapeutic substance, or to be of a lesser degree of potency than it purports to be, the Licensing Authority may require to be destroyed the entire stock of the antibiotic or therapeutic substance in the possession of the licensee which bears the same batch identification number as the sample: Provided that any licensee whose entire stock of antibiotics or therapeutic substances is so required by the Licensing Authority to be destroyed, may appeal against such requirement to the Cabinet whose decision shall be final.
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12. (1) Every container of an antibiotic or therapeutic substance to which this Act applies shall carry a batch iden- tification number and the date of manufacture of such antibiotic or therapeutic substance; and the contents of any such container supplied by any person and bearing the same identification marks shall be deemed to have been manufac- tured at the same time and under identical conditions until the contrary is proved.
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(2) No person shall sell, transfer or dispense any antibiotic or therapeutic substance to which this Act applies after the date of expiry endorsed on the container thereof, except to a registered medical practitioner, registered dentist LAWS OF ANTIGUA AND BARBUDA Antibiotics and Therapeutic Substances (CAP. 17 or veterinary surgeon, who has been informed in writing of such date by the person selling, transferring or dispens- ing such antibiotic or therapeutic substance. 13.
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13. Every holder of a licence under this Act shall keep Licence holder to keep records.
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records showing- ( a ) the quantities of antibiotic and therapeutic substances to which this Act applies, which he has imported into Antigua and Barbuda and the identifica- tion marks or numbers of the consignments; ( 6 ) the date of the importation into Antigua and Barbuda of any antibiotic or therapeutic substance to which this Act applies which he has imported; ( c ) the names of the manufacturers of any such antibiotic or therapeutic substance; (4 the names and addresses of the persons to whom any such antibiotic or therapeutic substance has been issued, sold or otherwise disposed of by him and the quantity and date of every such issue, sale or disposal.
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14. Any person authorized in writing by or on behalf Authority to enter and of the Licensing Authority may at any time during business hours enter the premises of any holder of a licence under this Act and call for and examine any records required to be kept by such holder. 15.
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15. The Cabinet may make regulations for the follow- Regulations- ing purposes- (a) for prescribing the standard of strength, quality and purity of any antibiotic or therapeutic substance to which this Act applies; ( 6 ) for prescribing the test to be used for determin- ing whether the standard prescribed as aforesaid has been maintained; (c) for adding to the Schedule any antibiotic or Schedule.
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therapeutic substance; (d) for prescribing the form of licences under this Act and of applications therefor, and of notices to be given in connection therewith; 8 CAP.
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17) Antibiotics and Therapeutic Substances LAWS OF ANTIGUA AND BARBUDA (e) for prescribing the conditions subject to which licences may be issued; (f) for excluding from the operation of this Act or of any of the provisions thereof, any antibiotic or therapeutic substance intended to be used solely for veterinary purposes; (g) for regulating the storage and transport of any antibiotic or therapeutic substance; ( h ) for controlling or prohibiting any process which may affect the potency, sterility or toxicity of any antibiotic or therapeutic substance.
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16. Any person obstructing any person authorized in writing by or on behalf of the Licensing Authority in the performance of any duty imposed by or under this Act, or refusing to give any information lawfully demanded by such authorized person or otherwise contravening or failing to comply with any of the provisions of this Act shall be guilty of an offence under this Act. 17.
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Where an offence under this Act has been com- mitted by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body cor- porate, or was purporting to act in any such capacity, shall be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
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18. Any person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for six months or to both such fine and imprisonment. Offences. Offence by body corporate. Penalty. LAWS OF ANTIGUA AND BARBUDA Antibiotics and Therapeutic Substances (CAP. 1 7 9 SCHEDULE Ss. 2, 4, 15. 1.
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1 7 9 SCHEDULE Ss. 2, 4, 15. 1. "Penicillin"- which term shall include any anti-infective acid produced by penicillin notatum whether obtained from penicillin notatum or not, and any salt or derivative obtained from any such acid, and any solution containing such salt or acid or derivative. 2. "Streptomycin"- which term shall include all compounds of streptomycin and all medicinal preparations containing streptomycin. 3. "
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3. " Aureomycin"-- which term shall include all compounds of aureomycin and all medicinal preparations containing aureomycin. 4. "Chloromycetin"- which term shall include the antibiotic and the synthetic pro- duct of that name. Derivatives of para-aminobenzenesulphonamide having one or both of the hydrogen atoms of the para-amino group or of the Sulphonamide group, substituted by other radicals.
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The derivations shall include- Sulphonamidochrysoidin Azosulphamide Benzylsulphanilamide Sulphanilyldimethysulphanilamide Sulphapyridine Sulphathiazole Sulphacetamide Sulphadiazine Sulphaguanidine Sulphamezathine Succinylsulphathiazole Sulphamerazine Phthalylsulphathiazole. 6. Terramycin 7 . Bacitracin. 10 CAP. 17) Antibiotics and Therapeutic Substances LAWS OF ANTIGUA AND BARBUDA 8. Aureotracin. 9. Neomycin. 10. Tyrothricin. 11. Gramicidin 12. Niomycin 13. Iso-Nicotinic Acid Derivatives 14.
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Niomycin 13. Iso-Nicotinic Acid Derivatives 14. Deoxycortoni Acetas and all other Adrenal Cortical Hormones. 15. Amino-salicylic acid and its derivatives. 16. Cycloserine, which term shall include all compounds of cycloserine and all medicinal preparations containing cycloserine.
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LAWS OF ANTIGUA A N D BARBUDA United States Defence Area (Agreement) (CAP. 457 CHAPTER 45'7 THE UNITED STATES DEFENCE AREA (AGREEMENT) ACT Arrangement of Sections Section 1. Short title. 2. Interpretation. 3. Regulations. 4. Exemption from certain immigration provisions. 5. Exemption from shipping, dues, pilotage, etc. 6. Customs and Excise exemption. 7. Tax exemption. 8. Exemption of vehicles from registration and insurance. 9. Exemption of private motor cars from fees, taxes and charges.
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10. Exercise of powers by military authorities of the united States. 11. Exclusive jurisdiction of courts of Antigua and Barbuda. 12. Restriction as regards certain offences, of trial by of military members of United States Forces. 13. Courts not to try offenders tried by military authorities of the United States. 14. Arrests, custody, etc. of offenders. 15. Provisions as to coroner's inquest. 16. Evidence. 17. Post Office Act not to apply. 18. Exemption from driving permits. 19.
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18. Exemption from driving permits. 19. Non-application of the Telecommunications Act. 20. Entertainments. 21. Roads. 22. Bush fires. 23. Dogs. 24. Explosives. 2-5. Firearms. 26. Power of United States Authorities to make surveys. SCHEDULE. LAWS OF ANTIGUA AND BARBUDA United States Defence Area (Agreement) (CAP. 457 3 UNITED STATES DEFENCE AREA (AGREEMENT) (29th August, 1969.) 1. This Act may be cited as the United States Defence short tide. Area (Agreement) Act. 2.
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Area (Agreement) Act. 2. (1) In this Act- Interpretation. "the Agreement" means the Agreement signed on the the 10th day of February, 1961, between Governments of the Federation of the West Indies, Antigua, Barbados, Jamaica, St. Lucia and Trinidad and Tobago, and the Government of the United States of America concerning the United States Defence Areas in the West Indies and pub- lished as a supplement to the West Indies Gazette of the 24th day of February, 1961.
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"contractor personnel" means employees of a United States contractor who are not ordinarily resident in Antigua and Barbuda who are there solely for the purposes of the Agreement; "defence area" means any area in respect of which the Government of the United States of America States (hereinafter Government") is for the time being entitled to have and enjoy, in accordance with the terms and conditions of the Agreement, the right, power and authority described in Article I1 thereof; "the United called "dependants" means the spouse and children under twenty-one years of age of a person in relation to whom it is used; and if they are dependent upon him for their support, the parents and children over twenty-one years of age of that person; "members of the United States Forces" means- (i) military members of the United States Forces on active duty; 4 CAP.
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457) United States Defence Area (Agreement) LAWS OF ANTIGUA AND BARBUDA (ii) civilian personnel accompanying the United States Forces and in their employ who are not ordinarily resident in Antigua and Barbuda and who are there solely the Agreement; and the purposes of for (iii) dependants of the persons described in (i) and (ii) above; "United States contractor" means any person, body or corporation ordinarily resident in the United States of America that is in Antigua and Barbuda for the purposes of the Agreement by virtue of a contract with the United States Government, and includes a sub-contractor; "United States Forces" means the land, sea and air armed services of the United States, including the Coast Guard.
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(2) References in this Act to any law or to any provi- sion of any law shall, unless the context otherwise requires, be construed as referring to that as from time to time amended and to any law or provision for the time being in force in its place. (3) References in this Act to any particular Act include references to any subsidiary legislation made under that Act. 3.
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3. (1) The Cabinet may make regulations for- (a) giving effect to the provisions of this Act; and (b) implementing the Agreement as to any matter for which no provision or no sufficient provision is made in this Act.
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(2) Without prejudice to the generality of the powers conferred by subsection (1) of this section, regulations made under that subsection may make provision for- (a) the arrest of persons found committing or rea- sonably suspected of having committed an offence against the regulations; LAWS OF ANTIGUA AND BARBUDA United States Defence Area (Agreement) (CAP.
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457 5 (6) the seizure of things which are, or which are reasonably suspected of being things in respect of which or with which an offence against the regulations has been committed, and the disposal (including the forfeiture) of any thing so seized; (c) the steps which may be taken, and the persons by whom they may be taken, to prevent the commission of any offence against the regulations or to remove from any area persons who, or things which are in that area in contravention of the regulations; (d) the punishment of any person found guilty of any such offence on summary conviction: Provided that provision shall not be made for any punishment greater than a fine of three thousand dollars and six months imprisonment; (e) the exclusion, restriction or modification of the application of any law from time to time in force other than the provisions of this Act so far as is neces- sary for the purposes mentioned in subsection (1) of this section.
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(3) Regulations may be made under the preceding subsection of this section with retrospective effect. (4) The Cabinet may also make regulations to give ret- rospective effect to any of the provisions of this Act in so far as it may deem it expedient so to do for the purpose of implementing the Agreement.
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(5) Regulations having retrospective effect under sub- section (3) and regulations giving retrospective effect to any of the provisions of this Act under subsection (4) may be made to apply either generally or to any particular case or class of case and may make different provisions in different cases or classes of cases and may provide for incidental and consequential matters and may contain conditions, exemp- tions and qualifications.
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(6) Regulations made under this section shall not have any force or effect until confirmed by resolution passed in each house of Parliament. LAWS OF ANTIGUA AND BARBUDA CAP. 457) United States Defence Area (Agreement) Exemption from certain immigra- tion provisions. Cap. 208. 4. Sections 14 and 15 of the Immigration and Passport Act shall not apply in relation to members of the United States Forces entering Antigua and Barbuda for pur- poses of the Akreement.
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Exemption from shipping, dues, pilotage, etc. 5. Vessels owned or operated by or on behalf of the United States Government using port facilities in Antigua and Barbuda shall - (a) not be subject to any tonnage and harbour dues; and (6) not be subject to compulsory pilotage; and (c) be exempted from the provisions of the Cap. 307. Passengers Act. Customs and Excise exemption. 6.
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(1) Subject to the provisions of this section no import duty of customs shall be imposed upon - (a) materials and equipment imported by or for the use of the United States Forces or United States contractors for the purposes of the Agreement; (6) the personal effects and household goods (including private motor cars) of members of the United States Forces, United States contractors and contractor personnel, imported by such persons at the time of their first arrival in Antigua and Barbuda or, if they are related to such arrival, within six months thereafter.
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(2) Subject to the provisions of this section, no excise, consumption or other duty or tax shall be imposed on any goods purchased in Antigua and Barbuda by or for the use of the United States Government for the purposes of the Agreement. (3) A certificate signed by the Minister responsible for Finance that any goods referred to in subsections (1) and (2) are required for the purposes of the Agreement shall be conclusive evidence that they are so required.
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(4) Any person who without the consent in writing of the Comptroller of Customs, uses, disposes of, acquires or receives any goods - LAWS OF ANTIGUA AND BARBUDA United States Defence Area (Apement) (CAP.
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457 7 (a) imported free of customs duty under para- graph (a) of subsection (1) of this section, or (b) exempted from excise, consumption or other duty under subsection (3) of this section, otherwise than for the purposes of the Agreement shall be guilty of an offence and shall be liable- (i) on summary conviction, to a fine of five limes the value of such goods or eight thousand dollars, whichever shall be greater, or to imprisonment for six months or to both such fine and such imprisonment; or (ii) on conviction on indictment, to a fine of five times the value of such goods or twenty-five thousand dollars whichever shall be greater, or to imprisonment for three years, or to both such fine and such imprisonment.
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(5) A certificate in writing signed by or on behalf of the Comptroller of Customs shall for the purposes of sub- section (4) of this section be prima facie proof of the value of such goods. (6) Consent given under subsection (4) of this seclion may be upon terms and conditions as to payment of duty or otherwise as the Comptroller of Customs may think fit.
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(7) It shall be lawful for the Comptroller of Customs to accept payment, by ally persoil who admits that he has com- mitted an offence against this scction in relation to any goods, of a penalty not greater than the maximum fine which could have been imposed on a conviction for such offence. Acceptance of payment in any such case shall be a bar to any criminal proceedings for the offence. (8) Sections 43, 44 and 60 of the Trade and Revenue Cap.433.
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Act shall apply in regard to goods reasonably suspected to have been the subject of an offence against this section as though they were uncustomed or prohibited goods and it is hereby declared that on all occasions on which the Comptroller of Customs, whether acting in pursuance of the above mentioned sections or otherwise, shall come upon any goods reasonably suspected to have been the subject 8 CAP. 457) United States Defence Area (Agreement) LAWS OF ANTIGUA AND BARBUDA Cap. 125. Tax exemption.
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125. Tax exemption. of an offence against this section, it shall be lawful for the Comptroller of Customs to seize such goods together with any documents or exhibits which may go to prove the com- mission of the offence.
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(9) The provisions of the Trade and Revenue Act shall apply in relation to seizures and forfeitures under this sec- tion as though they were seizures or forfeitures under that Act; and where any person is convicted of an offence against this section all goods in respect of which any such offence was committed shall be forfeited and shall be disposed of as the Comptroller of Customs may direct.
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(10) The Comptroller of Customs may authorise any person who is an officer for the purposes of the Customs Duties Act to exercise the powers conferred upon him by this section. 7.
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7. (1) Where the legal incidence of any form of taxa- tion depends on residence or domicile in Antigua and Barbuda, periods during which members of the United States Forces, United States contractors or contractor per- sonnel are in Antigua and Barbuda solely by reason of the Agreement shall not be considered as periods of residence or as creating a change of residence or domicile for the pur- poses of such taxation.
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(2) There shall be exempt from income tax- (a) the salary and other emoluments received by members of the United States Forces and contractor per- sonnel as such members or personnel respectively; and (b) any income received by United States contrac- tors under a contract with the Government of the United States solely for the purposes of the Agreement; and (c) the income of such agencies as are referred to in Article XIV of the Agreement.
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(3) A certificate signed by the Minister responsible for Finance that a contract referred to in paragraph (b) of sub- section (2) is solely for the purposes of the Agreement shall be conclusive evidence of such contract. I I I 1 I I i LAWS OF ANTIGUA AND BARBUDA United States Defence Area (Agreement) (CAP.
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457 9 (4) Members of the United States Forces, United States contractors and contractor personnel shall not incur liability for any tax, licence or other charge imposed- (a) in respect of any tangible movable property provided that such property is kept exclusively within the defence area; or (b) solely by reason of the ownership of any such property, if such property although kept outside the defence area is in Antigua and Barbuda solely by rea- son of the Agreement. 8.
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8. Government of the United States shall be exempted from repistrationrnd ( I ) A motor vehicle or trailer while owned by the Exemptionof vehicles from the need for registration under the Vehicles and Road $rzc Traffic Act. (2) Every such motor vehicle and trailer shall carry in front and at the rear a distinct nationality identification mark in addition to its identification number.
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(3) A list of all such motor vehicles and trailers specify- ing their respective identification numbers shall be supplied by the military authorities of the United States to the Traffic Commissioner. (4) Section 3 of the Motor Vehicles Insurance (Third Cap-288. Party Risks) Act shall not apply in relation to any motor vehicle or trailer owned by the United States Government while it is being used for the purposes of the Agreement.
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(5) A certificate signed by the Minister responsible for roads that a motor vehicle or trailer owned by the United States Government was being used for the purposes of the Agreement shall be conclusive evidence of such use. 9. Fees, taxes and charges leviable under the Vehicles Exemption of and Road Traffic Act in respect of motor vehicles shall not be f ram fees, tax- payable in respect of private motor cars imported by mem- mdchqes.
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bers of the United States Forces free of Customs duty under paragraph (b) of subsection (1) of section 6 of this Act. rivate motor cam 10 CAP. 457) United States Defence Area (Agreement) LAWS OF ANTIGUA AND BARBUDA Exercise of powers by military authorities of the United States. 10.
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10. (1) The military authorities of the United States may exercise over persons subject to their jurisdiction in accordance with this section all such powers as are exercis- able by them according to the law of the United States.
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(2) Nothing in this section shall be deemed to confer any right on the military authorities of the United States to exercise jurisdiction over persons who are citizens of or are ordinarily resident in Antigua and Barbuda unless they are military members of the United States Forces.
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(3) Where any sentence has, whether within or out- side Antigua and Barbuda, been passed by the military authorities of the United States upon a person who immedi- ately before the sentence was passed was subject to the juris- diction of such authorities in accordance with this section, then for the purposes of any proceedings in any court the sentence shall be deemed to be within the jurisdiction of such authorities and in accordance with the law of the United States, and the due execution thereof shall be deemed to be a lawful act.
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(4) Notwithstanding anything in the preceding sub- sections of this section a sentence of death passed by the military authorities of the United States shall not be carried out in Antigua and Barbuda unless under the laws for the time being in force in Antigua and Barbuda a sentence of death could have been passed by a court in a similar case.
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(5) Any person who- (a) is detained in custody in pursuance of a sen- tence in respect of which subsection (3) of this section has effect; or (b) being subject to the jurisdiction of the military authorities of the United States in accordance with this section, is detained in custody pending or during the trial by such a court of a charge brought against him, shall for the purposes of any proceedings in any court, be deemed to be in legal custody. Exclusivejurisdic- tion of courts of Anwand Barbuda.
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11, (1) The courts of Antigua and Barbuda shall have the right to exercise exclusive jurisdiction over mem- bers of the United States Forces with respect to offences, LAWS OF ANTIGUA AND BARBUDA United States Defence Area (Agreement) (CAP. 457 11 including offences relating to security, punishable by the law in force in Antigua and Barbuda but not by the law of the United States.
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(2) For the purposes of this section an offence relating to security shall include- (i) treason; (ii) sabotage, espionage or violation of any law relating to official secret or secrets relating to the defence of Antigua and Barbuda. 12.
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(1) Subject to the provisions of this section, a Restrictionas regards certain person charged with an offence against any law for the time offences, of trial being in force in Antigua and Barbuda which is also an b~v~-,;L offence punishable by the law of the United States shall not ,fu*ted~tates be liable to be tried for that offence by a court if at the time Forces- when the offence is alleged to have been committed he was a member of the United States Forces and- (a) the alleged offence, if committed by him, arose out of any act done in the course of his duty as a member of the United States Forces; or (b) the alleged offence is an offence against the person, and the person, or, if more than one, each of the persons, in relation to whom it is alleged to have been committed, was at the time thereof a member of the United States Forces; or (c) the alleged offence is an offence against p r o p erty, and the whole of the property in relation to which it is alleged to have been committed (or, in a case where different parts of that property were differently owned, each part of the property) was at the time thereof the property either of the United States or of an authority of the United States, or of a member of the United States Forces: Provided that this subsection shall not apply if at the time when the offence is alleged to have been committed the alleged offender was not subject to the jurisdiction of the military authorities of the United States in accordance with section 10 of this Act.
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(2) In relation to the trial of a person who was not a military member of the United States Forces at the time LAWS OF ANTIGUA &ID BARBUDA CAP. 457) United States Defence Area (Agreement) when the offence is alleged to have been committed, subsec- tion (1) of this section shall not have effect unless it is shown that the case can be dealt with under the military law of the United States.
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1 (3) Nothing in subsection (1) of this section- (a) shall prevent a person from being tried by a court in a case where the Attorney-General certifies either before or in the course of the trial, that the mili- tary authorities of the United States have notified him that they do not propose to exercise their jurisdiction in that case; or (b) shall affect anything done or omitted in the course of a trial unless in the course thereof objection has already been made that by reason of that subsec- tion the court is not competent to deal with the case; or (c) shall, after the conclusion of a trial, be treated as having affected the validity thereof if no such objec- tion was made in the proceedings at any stage before the conclusion of the trial.
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(4) In relation to cases where the charge (by whatever words expressed) is a charge of attempting or conspiring to commit an offence, or of aiding, abetting, procuring or being accessory to, or of being art and part in, the commis- sion of an offence, paragraphs (b) and (c) of subsection (1) of this section shall have effect as if references in those para- graphs to the alleged offence were references to the offence which the person charged is alleged to have attempted or conspired to commit or, as the case may be, the offence as respects which it is alleged that he aided, abetted, procured or was accessory to, or was art and part in, the commission thereof; and references in those paragraphs to persons in relation to whom or property in relation to which the offence is alleged to have been committed shall be con- strued accordingly.
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( 5 ) Nothing in this section shall be construed as dero- gating from the provisions of any other enactment restrict- ing the prosecution of any proceedings or requiring the consent of any authority to the prosecution thereof. LAWS OF ANTIGUA AND BARBUDA United States Defmce Area (Agreement) (CAP. 457 13 (6) For the purposes of this section the expression "offence against property" shall be construed in accordance with the provisions of the Schedule to this Act. Schedule. 13.
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Schedule. 13. (1) Without prejudice to the operation of sec- Courtsnot to try offenders hied tion 12 of this Act, where a person has been tried by the mil- by military itary authorities of the United States in the exercise of the au+oritiesof the powers referred to in subsection (1) of section 10 of this Un~ted States. Act, he shall not be tried by a court for the same crime.
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(2) Where a person who has been convicted by the mil- itary authorities of the United States in the exercise of the said powers is convicted by a court of Antigua and Barbuda of a different crime, but it appears to the court that the con- viction by the said authorities was wholly or partly in respect of acts in respect of which he is convicted by the court, the court shall have regard to the sentence of the said authorities. 14. affect- (1) Sections 11, 12 and 13 of this Act shall not Amests,custody, etc.
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of offenders. (a) any powers of arrest, search, entry, seize, or custody exercisable by or under any law in force in Antigua and Barbuda with respect to offences commit- ted against any such law; or (6) any obligation of any person in respect of a recog~lisa~lce or bail bond entered into in consequence of his arrest of any person, for such an offence; or (c) any power of any court to remand (whether on bail or in custody) a person brought before the court in con~lection with such an offence. 15.
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15. (1) If a Coroner having jurisdiction to hold an Provisionsasto inquest touching a death is satisfied that the deceased per- son was at the time of his death a member of the United States Forces, then, unless the Attorney-General otherwise directs, the Coroner shall not hold an inquest, or, if the inquest has been begun but not completed, shall adjourn the inquest.
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(2) If, subject to subsectioil (1) of this section, on any inquest touching the death of any person, the Coroner is satisfied before the inquest is completed that a member of 14 CAP. 457) United States Dejimce Area (Agreement) LAWS OF ANTIGUA AND BARBUDA Cap. 105. Evidence.
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the United States Forces has been charged by the military authorities of the United States with any offence involving responsibility for the death of the deceased person, or is being detained by the said authorities with a view to his being so charged, then unless the Attorney-General other- wise directs, the Coroner shall adjourn the inquest, and shall furnish the Registrar-General with a certificate stating the particulars necessary for the registration of the death so far as they have been ascertained at the inquest.
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(3) Where a n inquest is adjourned under this section, the Coroner shall not resume it except on the direction of the Attorney-General, a l ~ d , if he does resume it, shall pro- ceed in all respects as if the inquest had not previously been begun, except that it shall not be obligatory on the Coroner to furnish the Registrar-General with any certificate or fur- ther certificate as the case may be.
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(4) Members of the United States Forces shall not be required to give the notice of the death of a member of the United States Forces contemplated by section 4 of the Coroners Act. 16. (1) A certificate issued by or on behalf of the mil- itary authorities of the United States stating that at the time specified in the certificate a person so specified either was or was not a member of the United States Forces shall in any court be sufficient evidence of the fact so stated unless the contrary is proved.
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(2) A certificate issued by or on behalf of the said author- ities stating as regards a person specified in the certificate- (a) that o n a date so specified he was sentenced by the said authorities to such punishment as is so specified, or (6) that h e is, or was at a time so specified detained in custody in pursuance of a sentence passed on him by the said authorities or pending or during the trial of a charge brought against him by the said authorities, or (c) that h e has been tried, at a time and place spec- ified in the certificate by the said authorities for a crime so specified, shall in any court be conclusive evidence of the facts so stated.
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LAWS OF ANTIGUA AND BARBUDA United States Defence Area (Agreement) (CAP. 457 15 (3) A certificate issued by or on behalf of the said authorities stating that a specified case in a court can be dealt with under the military law of the United States shall, for the purposes of subsection (2) of section 12 of this Act be conclusive evidence of that fact.
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(4) Where a person is charged in a court with an offence and at the time when the offence is alleged to have been committed he was a member of the United States Forces, a certificate issued by or on behalf of the military authorities of the United States stating that the alleged offence, is committed by him, arose out of any act done in the course of his duty as a member of the United States Forces, shall be conclusive evidence of that fact. 17.
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17. Nothing in the Post Office Act shall prevent the PostofficeAct establishment and operation of United States Post Offices in cap. 335. accordance with Article XI11 of the Agreement. not to apply. 18. Members of the United States Forces, United Exemptionfrom driving permits.
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States contractors, contractor personnel and their depen- dants who are the holders of driving permits issued by the United States or a sub-division thereof shall, while such per- mits remain valid, be exempted from any requirement to hold a driver's licence under the Vehicles and Road Traffic Act. 19. (1) The Telecommunications Act shall not apply Nan-appUcation of the the Telecomunics- to any telecommunications apparatus installed by Government of the United States of America in a defence tionsAct- Cap.
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423. area and used solely for military purposes. (2) No licence shall be required under the said Act in respect of any telecommunications receiving set when installed or used in a defence area solely by members of United States Forces, United States contractors and contractor personnel. 20. The provisions of the Entertainments Duty Act, E n t ~ ~ e n t s .
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