General Laws Amendment Act, 2011
Act No. 5 of 2011
in consequence of that action and it does not appear that there is any remedy
reasonably available by way of proceedings in a court or on appeal from a
court; or
(b) allegations that any provision of the Declaration of Rights has been
contravened by any officer; person or authority referred to in subsection (2).
(2) Subject to such exceptions and conditions as may be prescribed by or under an
Act of Parliament, the provisions of subsection (1) shall apply in respect of any action
taken by the, following officers and authorities—
(a) any Ministry or department or any member of such Ministry or department; and
(b) such other persons or authorities as may be prescribed by or under an Act of
Parliament for the purposes of this paragraph.
(3) An Act of Parliament may confer other functions on the Public Protector, and
may make provision for the exercise of his functions including, without prejudice to the
generality of the foregoing, the officers and authorities whose actions are not
subject to investigation by him.
NOW, THEREFORE, be it enacted as follows: -- ".
(2) The Ombudsman Act [Chapter 10:181 is further amended to the extent specified in the
First Schedule.
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Amendment of Cap. 11:10
The Police Act [Chapter 11:10] is amended to the extent specified in the Second Schedule.
7
Amendment of section 79 of Cap. 13:16
Section 79 ("Regulations") of the Civil Aviation Act [Chapter 13:151 (No. 7 of 1998) is
amended by the repeal of subsection (5) and the substitution of the following subsections
"(5) Regulations made under this section may prescribe for any contraventions thereof—
(a) criminal penalties not exceeding a fine of level fourteen or
imprisonment for a period of five years or both such fine and such
imprisonment;
(b) civil penalties of a prescribed amount leviable by the Authority for each day
during which a contravention continues, not exceeding a prescribed number of
days:
Provided that the Authority shall have power to waive the payment or
refund the whole or part of any penalty prescribed under this paragraph if it is
satisfied that the contravention was not wilful, or not due to the want of
reasonable care.
(6) A civil penalty prescribed under subsection (5)(b) shall constitute a debt due to the
Authority by the person against whom it is levied, and shall at any time after it becomes due
be recoverable in a court of competent jurisdiction by proceedings in the name of the
Authority:
Provided that, for the avoidance of doubt, it is declared that the person against whom a civil
penalty is levied may challenge the validity of the debt representing the civil penalty before the
court in which the debt is sought to be recovered. ".
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