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. 6 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. ". -5-

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