Aviation (Preclearance) Act 2009
Number 16 of 2009
AVIATION (PRECLEARANCE) ACT 2009
REVISED
Updated to 28 May 2019
This Revised Act is an administrative consolidation of the Aviation (Preclearance) Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 16 of 2009
AVIATION (PRECLEARANCE) ACT 2009
REVISED
Updated to 28 May 2019
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
None
All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Aviation (Preclearance) Act 2009 (Section 19) (Commencement) Order 2013 (S.I. No. 445 of 2013)
• Preclearance Area (Dublin Airport) Regulations 2011 (S.I. No. 9 of 2011)
• Preclearance Area (Shannon Airport) Regulations 2009 (S.I. No. 317 of 2009)
• Aviation (Preclearance) Act 2009 (Commencement) Order 2009 (S. I. No. 315 of 2009)
All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.
Number 16 of 2009
AVIATION (PRECLEARANCE) ACT 2009
REVISED
Updated to 28 May 2019
ARRANGEMENT OF SECTIONS
Section
2. Minister may designate preclearance area.
4. Right of traveller to withdraw.
5. Functions of preclearance officers.
6. Functions of Irish law enforcement officers.
7. Security of preclearance area.
8. Seizure of goods generally.
9. Seizure of goods: certain powers of Revenue Commissioners.
10. Seizure of goods: proceedings.
11. In-transit preclearance: where traveller is refused permission to enter.
12. In-transit preclearance: control of aliens.
13. Privileges and immunities.
18. Offences by bodies corporate.
19. Repeal of Air Navigation and Transport (Preinspection) Act 1986.
20. Amendment of Third Schedule to Freedom of Information Act 1997.
21. Short title and commencement.
Agreement between the Government of Ireland and the Government of the United States of America on Air Transport Preclearance
Acts Referred to
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1998,No. 24 |
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1986,No. 18 |
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1935,No. 14 |
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1954,No. 10 |
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1990,No. 12 |
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Firearms Acts 1925 to 2007 |
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1997,No. 13 |
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2004,No. 1 |
Number 16 of 2009
AVIATION (PRECLEARANCE) ACT 2009
REVISED
Updated to 28 May 2019
AN ACT TO GIVE EFFECT TO AN AGREEMENT ENTERED INTO BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA RELATING TO THE PROVISION OF PRECLEARANCE OPERATIONS AT AIRPORTS IN THE STATE FOR PERSONS TRAVELLING BY AIR TO THE UNITED STATES OF AMERICA, DONE AT WASHINGTON ON 17 NOVEMBER 2008, TO GIVE THE MINISTER FOR TRANSPORT POWER TO MAKE REGULATIONS, INCLUDING REGULATIONS DESIGNATING AREAS AT AIRPORTS WITHIN WHICH PRECLEARANCE OPERATIONS MAY BE CARRIED OUT, TO PROVIDE FOR CONFERRING CERTAIN LIMITED FUNCTIONS ON PRECLEARANCE OFFICERS WITHIN THOSE AREAS, TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF GOODS NOT DULY DECLARED AND TO REPEAL THE AIR NAVIGATION AND TRANSPORT (PREINSPECTION) ACT 1986, TO AMEND THE FREEDOM OF INFORMATION ACT 1997 AND TO PROVIDE FOR RELATED MATTERS.
[8th July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: