Home | Databases | WorldLII | Search | Feedback Palau Sessional Legislation

Laser Act, RPPL 8-41 2012

A BILL FOR AN ACT

To prohibit the manufacture, sale, purchase, or possession of lasers, and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative Findings. The Olbiil Era Kelulau finds that although many lasers such as laser pointers that are used during educational presentations are safe when used properly, there have been a growing number of incidents in the Republic where lasers have been misused. Most people may already be familiar with the harm that lasers can cause when directed at a person=s eyes. But there are also other serious consequences resulting from the misuse of lasers such as causing irreparable damage to streetlights that require the government to buy new light bulbs and sensors; as well as potentially causing aircrafts to crash when they are used to obstruct a pilot=s view when aimed at an aircraft. The number of lasers being pointed at aircrafts and observed by pilots around the world have continued to increase and in 2010 alone over 3,000 incidents were reported. Due to the gravity of the harm and damage resulting from the misuse of lasers, the Olbiil Era Kelulau finds it necessary to regulate the manufacture, sale, purchase, possession and use of lasers within the Republic.

Section 2. Definitions.
(a) Unless otherwise indicated in this Act, the following definitions shall apply:

(1) AAircraft@ means a machine or device that is used, or intended to be used, for flight in the air and is capable of transporting persons through the airspace.

(2) ALaser@ means a device that emits a beam of ultraviolet, visible or infrared light due to stimulated emission.

Section 3. Unlawful manufacture, sale, or possession of a laser.
(a) No person shall intentionally or knowingly manufacture, sell, purchase, or possess a laser that is categorized as Class 3R under the revised system of classifying lasers, or as Class III under the old system of the American National Standards Institute (ANSI), and higher, except as authorized in Section 5 (b)(I) of this Act.

(b) Unlawful manufacture, sale or possession of a laser is a misdemeanor.

Section 4. Unlawful use of a laser.
(a) A person commits the offense of unlawful use of a laser if he or she:

(1) intentionally, knowingly or recklessly discharges a laser at an occupied aircraft, automobile, or ocean vessel; or

(2) damages a streetlight by intentionally, knowingly or recklessly discharging a laser at the streetlight.

(b) Unlawful use of a laser is a misdemeanor.

Section 5. Exemption; Failure to register a laser.
(a) Section 3 of this Act shall not apply to the use of laser pointers that emit five (5) micro watts per square centimeter of light that are utilized for educational purposes by individuals engaged in an organized meeting or training class; or during the normal course of work or trade activities.

(b) Section 3 of this Act shall not apply to the purchase, possession and use of a laser utilized for fishing purposes, including but not limited to, finding buoys at sea, provided that:

(1) lasers categorized as Class 3R under the revised system of classifying lasers, or as Class III under the old system of the American National Standards Institute (ANSI), and higher, which are possessed for the limited purposes as set forth in subsection (b) above, shall be registered with the Bureau of Public Safety in such a manner that enables the Bureau of Public Safety to match an individual laser with the laser=s owner.

(2) A person who intentionally or knowingly fails to register a laser as required by subsection (b)(1) above commits the offense of failure to register a laser.

(3) Failure to register a laser is a misdemeanor.

Section 6. Penalty.
(a) Any person convicted of violating Section 3 (a) and Section 4 (a)(2) of this Act shall be imprisoned for not more than thirty (30) days, or fined not more than one thousand dollars ($1,000.00), or both.

(b) Any person convicted of violating Section 4 (a)(1) of this Act shall be imprisoned for not more than one (1) year, or fined not more than ten thousand dollars ($10,000.00), or both.

(c) Any person convicted of violating Section 5 (b) of this Act shall be fined fifty dollars ($50.00), in addition to any other penalties that may apply under this Act.

Section 7. Rules and Regulations. The Minister of Justice shall promulgate new or amended rules and regulations necessary or appropriate to effectuate the provisions of this Act.

Section 8. Amnesty period. There shall be a ninety (90) day amnesty period before enforcement of this Act shall commence, during which time the public shall be made aware of the change in the law and persons now in possession of a laser that is categorized as Class 3R under the revised system of classifying lasers, or as Class III under the old system of the ANSI, may properly dispose of the laser by delivery to the local Bureau of Public Safety or register their laser with the Bureau of Public Safety if the possession and use of such laser falls under the exemptions set forth in Section 5 (b) of this Act without facing any of the penalties set forth in this Act.

Section 9. Effective Date. This Act shall take effect upon approval by the President of the Republic of Palau or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: April 19, 2012

Approved this 10th day of May , 2012.

  /s/
Johnson Toribiong
President
Republic of Palau