Section 50
Offences and penal provisions
(1)
Any person who contravenes or fails to comply with any provision of this Act is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 5 years or both.
(2)
An offence under this Act and an offence committed on an aircraft registered in Brunei Darussalam shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed in any place where the accused happens to be, provided that if such offence is committed in Brunei Darussalam, it may be tried by any court having jurisdiction where it was committed.
(3)
If a person failing to comply with the provisions of this Act is the holder of a licence or certificate, the court convicting him may, in addition to any penalty which may be imposed, cancel, suspend for a specified period or order the endorsement of such licence or certificate or, if he is not the holder of a licence or certificate, declare him to be disqualified from holding a
Civil Aviation
B.L.R.O. 6/2024 35
licence or certificate under this Act, for such period as it considers appropriate.
(4)
This section applies equally to the owner and operator of an aircraft, unless such owner or operator proves that the contravention, offence or failure in question occurred without his order, permission or command, and that he could not have prevented it.
(5)
The penalties provided under this Act shall be in addition to and not in substitution for any penalties imposed by any other written law relating to the import or export of goods, and to persons entering or leaving
Brunei Darussalam by aircraft.
(6)
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.