An Act relating to Air Navigation

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Air Navigation Act 1920.

2A Act to bind Crown

This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.

2B Act not to apply to state aircraft

Except where the contrary intention appears, this Act does not apply to, or in relation to, a state aircraft.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

aircraft operator or operator, in relation to an aircraft, means a person who conducts, or offers to conduct, an air service by the use of the aircraft.

airport means an area of land or water (including any buildings, installations and equipment situated in the area) intended for use either wholly or partly for the arrival, departure or movement of aircraft.

airport operator or operator:

(a) in relation to a Federal airport—means the Corporation; and

(b) in relation to any other airport—means the operator of the airport.

airport security committee means an airport security committee established under section 22ZB.

air service means a service of providing air transportation of people or goods, or both people and goods, by:

(a) regular public transport operation; or

(b) charter operation.

Australian aircraft means an aircraft registered in Australia in accordance with the Civil Aviation Regulations.

Australian territory means:

(a) the territory of Australia and of every external Territory;

(b) the territorial sea of Australia and of every external Territory; and

aviation security means a combination of measures and human and material resources intended to safeguard aviation against unlawful interference.

baggage means any article or possession of a passenger or crew member that is to be carried on board an aircraft, but does not include an article that is accessible to the passenger or crew member while the aircraft is in flight.

carriage means carriage anywhere on board an aircraft.

categorised airport means an airport categorised under section 22ZK.

charter aircraft means an aircraft engaged in a charter operation.

charter operation means an operation of an aircraft for the purpose of:

(a) a service of providing air transportation of people or goods, or both people and goods, that:

(i) is provided for a fee payable by persons using the service; and

(ii) is not available to the general public on a regular basis;

whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

(b) a service of providing air transportation of people or goods, or both people and goods, that:

(i) is provided for a fee payable by persons using the service; and

(ii) is available to the general public on a regular basis; and

(iii) is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

(i) is not provided for a fee payable by persons using the service; and

(ii) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

(iii) is not available to the general public.

clear, in relation to the screening of people, vehicles or goods, has the meaning given by section 3AD.

Contracting State means a country, other than Australia, that is a party to the Chicago Convention.

Corporation means the Federal Airports Corporation.

crew, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connexion with the flying or safety of the aircraft.

domestic air service means an air service provided by means of a flight from a place within Australia to another place within Australia with no intermediate stop outside Australia.

emergency operations centre, in relation to an airport, means the facility established at the airport for the purpose of co‑ordinating the response to, or to a threat of, an unlawful interference with aviation.

Federal airport means an airport that is managed by the Corporation.

international airline means an air transport enterprise offering or operating an international air service.

international airport means an international airport designated under subsection 9(1).

international air service means an air service provided by means of a flight:

(a) from a place within Australia to a place outside Australia; or

(b) from a place outside Australia to a place within Australia.

non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence issued by the Secretary under the regulations.

pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.

protective service officer means a protective service officer within the meaning of the Australian Protective Service Act 1987.

regular public transport aircraft means an aircraft engaged in a regular public transport operation.

regular public transport operation means an operation of an aircraft for the purpose of an air service that:

(a) is provided for a fee payable by persons using the service; and

(b) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

screen has the meaning given by section 3AD.

screening authority means a person appointed under section 21A to be a screening authority.

screening officer means a person authorised or required to screen people, vehicles or goods under this Act.

screening point means a place (whether in an airport or not) where screening and clearance of people, vehicles or goods for the purposes of this Act are conducted.

security restricted area, in relation to an airport, means any part of the airport that is identified as a security restricted area in an airport security program prepared for the airport by the operator of the airport and approved by the Secretary under subsection 22ZD(1).

state aircraft means:

(a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of his or her duties as such a member), other than any aircraft that by virtue of registration under regulations made under the Civil Aviation Act 1988 is an Australian aircraft; and

(b) aircraft used in the military, customs or police services of a country other than Australia.

sterile area means a place designated under section 21 as a sterile area.

terminal facility means an area at an airport that is used to facilitate the movement of passengers onto or from an aircraft.

terminal operator or operator, in relation to a terminal facility, means a person who is responsible (whether alone or jointly with another person) for the day‑to‑day management of the whole, or a part, of the terminal facility.

the Air Transit Agreement means the International Air Services Transit Agreement concluded at Chicago on 7 December 1944.

the Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.

the International Air Transport Association means the association incorporated under that name by Act 9‑10 George VI., Chapter 51, of the Parliament of Canada.

the International Civil Aviation Organization means the organization, so named, formed under Article 43 of the Chicago Convention.

the Secretary means the Secretary to the Department.

thing includes any substance.

threaten has the meaning given by section 3AA.

transceiver includes a mobile telephone.

uniformed security force, in relation to an airport, has the meaning given by section 3AF.

unlawful interference with aviation has the meaning given by section 3AE.

weapon means:

(a) a firearm of any kind; or

(b) a thing stated in the regulations to be a weapon;

and includes a device that:

(c) except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or

(d) is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).

(2) Any reference in this Act to a contravention of, or failure to comply with, a provision of this Act includes a reference to a contravention of, or failure to comply with, an instruction, direction, condition or requirement issued, given, made or imposed in pursuance of this Act.

3AA Meaning of threaten

For the purposes of this Act, a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.

3AB Aircraft flights: when do they start?

For the purposes of this Act, a flight of an aircraft is taken to start:

(a) when the last external door is closed in preparation for the first movement of the aircraft for the purpose of taking off on the flight; or

(b) if the aircraft moves, before all the external doors are closed, for the purpose of taking off on the flight—when it first so moves.

3AC Aircraft flights: when do they end?

(1) Subject to this section, a flight of an aircraft is, for the purposes of this Act, taken to end when the first external door is opened after the aircraft comes to rest on the next landing it makes after starting the flight.

(2) If an aircraft makes a forced landing, its flight is, for the purposes of this Act, taken to end when the competent authorities take over responsibility for the aircraft and for the people and property on board.

(3) If, after an aircraft starts a flight:

(a) the aircraft is destroyed before the flight is taken to have ended under subsection (1) or (2); or

(b) the flight is abandoned;

the flight is, for the purposes of this Act, taken to end when the aircraft is destroyed, or the flight is abandoned, as the case may be.

3AD Screening and clearance

(1) A person or vehicle is, or goods are, screened for the purposes of this Act when a screening officer applies testing procedures to the person, vehicle or goods in order to detect the presence of any weapon that might be on the person, or in the vehicle or goods.

(2) The person or vehicle is, or goods are, cleared for the purposes of this Act if:

(a) the screening has not revealed the presence of any weapon on the person or in the vehicle or goods; or

(b) in respect of a screening that has revealed the presence of a weapon on the person or in the vehicle or goods—the weapon is surrendered to the screening officer.

3AE Meaning of unlawful interference with aviation

(1) In this Act, an unlawful interference with aviation is any of the following acts that is committed by a person without a lawful excuse:

(a) seizing, or exercising control of, an aircraft by force, or threat of force, or any other form of intimidation;

(b) committing, against a person on board an aircraft in flight, an act of violence that is likely to endanger the safety of the aircraft;

(d) causing, to an aircraft in service, damage that:

(i) renders the aircraft incapable of flight; or

(ii) is likely to endanger its safety in flight;

(e) placing, or causing to be placed, on board an aircraft in service a thing that is likely to:

(i) destroy the aircraft; or

(ii) render it incapable of flight; or

(iii) endanger its safety in flight;

(f) destroying or damaging any air navigation facilities, if the destruction or damage is likely to endanger the safety of an aircraft in flight;

(g) interfering with the operation of any air navigation facilities, if the interference is likely to endanger the safety of an aircraft in flight;

(h) communicating information that the person knows to be false, if the communication of the information endangers the safety of an aircraft in flight;

(i) using a weapon or other thing to commit an act of violence against a person at an airport, if the act:

(i) causes, or is likely to cause, serious injury or death; and

(ii) endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport;

(j) using a weapon, or any other thing:

(i) to destroy, or cause serious damage to, the facilities of an airport; or

(ii) to destroy, or cause serious damage to, an aircraft that is not in service and is located within an airport; or

(iii) to disrupt the operation of an airport;

if the use of the weapon or thing endangers, or is likely to endanger, the safe operation of the airport;

(k) attempting to commit an act described in any of the above paragraphs.

(2) In this section:

in flight, in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention.

in service, in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention.

Montreal Convention means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, ratified by Australia on 12 July 1973, and whose English text is set out in Schedule 2 to the Crimes (Aviation) Act 1991.

3AF Uniformed security force

In this Act, a reference to a uniformed security force in relation to an airport is a reference to a group of people:

(a) who are made available by a body (for example, the Australian Protective Service) to be engaged by the operator of the airport to patrol the airport in accordance with the directions of the operator of the airport; and

(b) each of whom, when so patrolling the airport:

(i) wears a uniform; and

(ii) carries a firearm of a kind that is approved by the Secretary in writing for the purposes of this section; and

(iii) carries a transceiver that enables him or her to communicate with other members of the body, the airport operator or the police force of the State or Territory in which the airport is located.

Part 2—Regulation of Air Navigation

3A Approval of ratification of Chicago Convention etc.

(1) The ratification on behalf of Australia of the Chicago Convention is approved.

(2) Approval is given to the ratification on behalf of Australia of:

(a) the Air Transit Agreement; and

(b) the Protocol amending Article 45 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and

(c) the Protocol amending Articles 48(a), 49(e) and 61 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and

(d) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 21 June 1961; and

(e) the Protocol amending Article 48(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 September 1962; and

(f) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 12 March 1971; and

(g) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 7 July 1971; and

(h) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 October 1974; and

(i) the Protocol inserting in the Convention Article 83 bis, approved by the Assembly of the International Civil Aviation Organization on 6 October 1980; and

(j) the Protocol inserting in the Convention Article 3 bis, approved by the Assembly of the International Civil Aviation Organization on 10 May 1984; and

(k) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 6 October 1989; and

(l) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 26 October 1990.

4 Texts of Chicago Convention etc.

For the purposes of this Act, the texts of the Chicago Convention, the Air Transit Agreement and the Protocols referred to in section 3A shall be deemed to be the English texts set out respectively in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 9A, 10, 11 and 12.

5 Contracting States

The Minister may, by notice published in the Gazette, declare which countries are from time to time parties to the Chicago Convention, the Air Transit Agreement or any of the Protocols referred to in section 3A, and such a notice is evidence of the matter so declared.

9 International airports

(1) The Minister may, by signed writing, designate as an international airport an aerodrome at which facilities are available for the formalities incident to customs, immigration, quarantine and other requirements in connexion with arrival in or departure from Australian territory of aircraft.

(2) The Secretary shall cause to be published in Aeronautical Information Publications particulars of the aerodromes designated as international airports under subsection (1).

10 International aircraft to land at and take off from designated airports

(1) Subject to such exceptions as are prescribed:

(a) an aircraft arriving in Australian territory from a place outside Australian territory shall land at an aerodrome designated as an international airport under section 9; and

(b) an aircraft departing from Australian territory for a place outside Australian territory shall take‑off from an aerodrome so designated.

(2) If an aircraft is intentionally or recklessly flown in contravention of subsection (1), the operator of the aircraft and the pilot in command of the aircraft are each, unless the operator or the pilot in command, as the case may be, has a reasonable excuse, guilty of an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

11 Freedoms of the air

(1) Subject to section 12, a scheduled international air service conducted by an international airline of a country other than Australia that is a party to the Air Transit Agreement has, in respect of Australian territory, the following freedoms of the air:

(a) the privilege to fly across Australian territory without landing; and

(b) the privilege to land in Australian territory for any purpose other than taking on or discharging passengers, cargo or mail.

(2) The meanings of air service and international air service given by subsection 3(1) do not apply to this section.

11A Foreign shareholdings in Australian international airlines

(1) The Minister may, by written notice, require an Australian international airline:

(a) to give to the Minister such information as is specified in the notice concerning the extent (if any) to which foreign persons have relevant interests in shares in the Australian international airline; or

(b) if foreign persons have relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline—to take all necessary action to ensure that its constitution complies with subsection (2).

(2) The constitution of an Australian international airline complies with this subsection if it:

(a) imposes restrictions on the issue and ownership (including joint ownership) of shares in the Australian international airline so as to prevent foreign persons having relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline; and

(c) confers the following powers on the directors of the Australian international airline to enable the directors to enforce the restrictions referred to in paragraph (a):

(i) the power to do anything necessary to effect the transfer of shares held by a person;

(ii) the power to remove or limit the right of a person to exercise voting rights attached to voting shares;

(iii) the power to end the appointment of a person to the office of director of the Australian international airline.

(3) For the purposes of this section, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share for the purposes of the Corporations Act 2001 if paragraph 608(3)(a) of that Act were disregarded.

(4) In this section:

another country includes any region:

(a) that is part of a foreign country; or

(b) that is under the protection of a foreign country; or

Australian citizen has the same meaning as in the Australian Citizenship Act 1948.

Australian international airline means an international airline (other than Qantas) that may be permitted to carry passengers or freight, or both passengers and freight, under a bilateral arrangement as an airline designated by Australia to operate a scheduled international air service.

Australian person means:

(a) an individual who is an Australian citizen or is ordinarily resident in Australia; or

(b) the Commonwealth, a State or a Territory; or

(d) a Commonwealth, State or Territory authority; or

(e) a person who is a nominee of a Commonwealth, State or Territory authority; or

(f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

(g) a person who is a nominee of a local government body referred to in paragraph (f); or

(h) a body corporate that:

(i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and

(ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or

(i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.

bilateral arrangement means an agreement or arrangement between:

(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and

(b) another country;

under which the carriage by air of passengers or freight

(or both) is permitted.

foreign airline means an air transport enterprise other than:

(a) an Australian international airline; or

(b) Qantas; or

foreign person means:

(a) a foreign airline; or

(b) a person (other than a foreign airline) who is not an Australian person.

Qantas means Qantas Airways Limited, as the company exists from time to time (even if its name is later changed).

share, in relation to a body corporate, means a share in the body’s share capital.

voting share has the same meaning as in the Corporations Act 2001.

11B Injunctions relating to section 11A

(1) If an Australian international airline or any other person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute:

(a) a contravention of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(b) attempting to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(c) aiding, abetting, counselling or procuring a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(f) conspiring with others to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1);

the Federal Court may, on the application of the Minister, grant an injunction restraining the airline or the person from engaging in the conduct. If in the court’s opinion it is desirable to do so, the injunction may also require the airline or person to do any act or thing.

(2) If an Australian international airline or any other person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the airline or person is required by the mandatory provisions of its constitution or under subsection 11A(1) to do, the Federal Court may, on the application of the Minister, grant an injunction requiring the airline or person to do that act or thing.

(3) An injunction under this section is to be granted on such terms as the Federal Court thinks appropriate.

(4) On an application under subsection (1) or (2), the Federal Court may, if the court determines it to be appropriate, grant an injunction by the consent of all the parties to the proceeding, whether or not the court is satisfied that that subsection applies.

(5) If in the Federal Court’s opinion it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

(6) The Federal Court may discharge or vary an injunction granted under this section.

(7) The Federal Court’s power to grant an injunction restraining an Australian international airline or any other person from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the airline or person intends to engage again, or to continue to engage, in conduct of that kind; and

(b) whether or not the airline or person has previously engaged in conduct of that kind; and

(c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person engages in conduct of that kind.

(8) The Federal Court’s power to grant an injunction requiring an Australian international airline or any other person to do an act or thing may be exercised:

(a) whether or not it appears to the court that the airline or person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b) whether or not the airline or person has previously refused or failed to do that act or thing; and

(c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person refuses or fails to do that act or thing.

(9) If the Minister applies to the Federal Court for an injunction under this section, the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.

(10) If the Federal Court has power under this section to grant an injunction:

(a) restraining an Australian international airline or a person from engaging in particular conduct; or

(b) requiring an Australian international airline or a person to do a particular act or thing;

the court may, either in addition to or in substitution for the grant of the injunction, make such other order or orders as it thinks appropriate against the airline, or the person who engaged in the conduct or a person who was involved in the contravention.

(11) In this section:

Australian international airline has the same meaning as in section 11A.

Federal Court means the Federal Court of Australia.

mandatory provisions, in relation to the constitution of an Australian international airline, means those provisions of the constitution that would be required in order for the airline’s constitution to comply with subsection 11A(2).

12 International airline licences

(1) Subject to subsection (1B), an international airline shall not operate a scheduled international air service over, into or out of Australian territory except in accordance with an international airline licence issued by the Secretary in accordance with the regulations.

(1A) If an aircraft is intentionally or recklessly flown in contravention of subsection (1), the operator of the aircraft is, unless the operator has a reasonable excuse, guilty of an offence punishable on conviction by imprisonment for a period of not more than 7 years.

(1B) Subsection (1) does not apply to the operation of a scheduled international air service by an international airline if it is operated in accordance with:

(a) an agreement, between the international airline and the holder of an international airline licence, that:

(i) has been approved in writing by the Secretary; and

(ii) provides for the airline to operate the service for which the licence was issued; and

(b) the conditions (if any) imposed by the Secretary in giving the approval referred to in subparagraph (a)(i).

(2) An international airline licence shall not be granted to an international airline of a country other than Australia unless that country and Australia are parties to the Air Transit Agreement, or to some other agreement or arrangement, whether bilateral or multilateral, under which scheduled international air services of that other country may, subject to the agreement or arrangement, be operated over or into Australian territory.

(3) The meanings of air service and international air service given by subsection 3(1) do not apply to this section.

13 Suspension or cancellation of international airline licences

The Minister may vary, suspend or cancel an international airline licence issued to an international airline if and only if:

(a) the airline or any aircraft operated by the airline fails to comply with a provision of this Act, the regulations, the Civil Aviation Act 1988, the regulations made under that Act, or the terms of its licence;

(b) the airline fails to conform to, or comply with, any term or condition of the relevant agreement or arrangement referred to in section 12;

(i) the airline or an aircraft operated by the airline is likely to fail to comply with this Act, the regulations, the Civil Aviation Act 1988, the regulations made under that Act, or the terms of its licence; or

(ii) adequate provision has not been made by the relevant authority to ensure that the airline and aircraft operated by the airline substantially conform to and comply with the standards, practices and procedures set out in the Chicago Convention and the Annexes to that Convention;

and, in the opinion of the Minister, the likely failure or the lack of provision is likely to affect the safety of air navigation in relation to Australia; or

(d) in the opinion of the Minister it is necessary or desirable to do so for the purpose of preserving or promoting fair competition in international air transport services.

14 Non‑scheduled flights by aircraft possessing nationality of a Contracting State

An aircraft that possesses the nationality of a Contracting State may, subject to observance of the terms of the Chicago Convention and the provisions of this Act, the regulations, the Civil Aviation Act 1988 and the regulations made under that Act, fly in transit non‑stop across Australian territory, or land in Australian territory for non‑traffic purposes, in the course of a non‑scheduled flight without the necessity of obtaining prior permission.

15 Definitions

In sections 15A to 15F:

charterer, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means the person who makes the arrangements for the carriage of passengers, cargo or mail on the aircraft or any of the aircraft.

charter operator, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means:

(a) the owner of the aircraft or each of the aircraft; or

(b) the operator of the aircraft or each of the aircraft.

permission means a permission under section 15D.

suspend, in relation to a permission, means suspend the operation of the permission, either for a stated period or without limitation as to time.

vary, in relation to a permission, includes alter or remove a condition to which the permission is subject or make the permission subject to a new condition.

15A Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission

(1) An aircraft must not, in Australian territory, before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight, take on passengers, cargo or mail for carriage for reward unless a permission for the carriage of the passengers, cargo or mail is in force and the carriage is in accordance with the permission.

(2) An aircraft must not, in Australian territory, at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight, discharge passengers, cargo or mail carried for reward unless a permission for the carriage of the passengers, cargo or mail was in force and the carriage was in accordance with the permission.

(3) The Secretary may, by writing, determine that a permission is not required in relation to a category of commercial non‑scheduled flights.

(4) In deciding whether to make a determination under subsection (3), the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):

(a) the public interest, including but not limited to:

(i) the need of people to travel on, or to send cargo and mail by, aircraft; and

(ii) the promotion of trade and tourism to and from Australia; and

(iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and

(iv) if foreign interests hold substantial ownership and effective control of a charterer or a charter operator—employment and investment in, and general development of, the Australian Aviation industry; and

(v) aviation security; and

(vi) Australia’s international relations;

(b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services;

(c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act; and

(d) any other matter that the Secretary thinks relevant.

(5) A permission is not required for the taking on or discharging of passengers, cargo or mail in relation to a flight of an aircraft if the flight is included in a category of flights in relation to which a determination under subsection (3) is in force.

(6) If subsection (1) or (2) is intentionally or recklessly contravened in respect of an aircraft, the operator of the aircraft and the pilot in command of the aircraft, unless the operator or pilot, as the case may be, has a reasonable excuse for the contravention, are each guilty of an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

(7) If:

(a) any passengers are, or any cargo or mail is:

(i) taken on to an aircraft in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight; or

(ii) discharged from an aircraft in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight; and

(b) a permission was not required for the taking on or discharging of the passengers, cargo or mail because of the operation of subsection (5);

the operator of the aircraft must, within 14 days after the end of the flight, give a written notice to the Secretary setting out the prescribed particulars in relation to the flight and the passengers, cargo or mail.

Penalty: 30 penalty units.

Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

(8) A determination under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

15B Applications for permission to operate non‑scheduled flights

(1) A charter operator may apply to the Secretary for permission for passengers, cargo or mail to be carried on one or more aircraft on a non‑scheduled flight or on a program of non‑scheduled flights.

(2) The application must:

(a) be in writing; and

(b) if the Secretary directs, be in a form approved by the Secretary; and

(d) be lodged with the Secretary:

(i) not less than 21 days before the day on which the flight, or the first of the flights, is to begin; or

(ii) within any lesser period allowed by the Secretary.

15C Information to be contained in application

(1) The information to be contained in an application includes the following:

(a) the name and address of the charterer of the aircraft, and the nationality of the interests holding substantial ownership and effective control of the charterer;

(b) the name and address of the charter operator, and the nationality of the interests holding substantial ownership and effective control of the charter operator;

(c) in respect of the aircraft, or each aircraft, that is to engage in the flight or any of the flights—the type of aircraft, its capacity and whether it is leased or owned by its operator;

(d) whether the aircraft, or each aircraft, that is to engage in the flight or any of the flights is to carry passengers, cargo or mail;

(e) if the aircraft or any of the aircraft are to carry cargo—the type of cargo;

(f) if the application relates to a program of flights:

(i) the duration of the program and the frequency of the proposed flights; and

(ii) if the aircraft are to carry passengers—whether the program is of a seasonal nature, consists of flights related to special events or is to find out whether there would be a market for scheduled international air services;

(g) the following particulars of the flight or flights:

(i) the place or places where the flight or flights are to begin;

(ii) the place or places where the flight or flights are to end;

(iii) any intermediate stopping places, including which of those stopping places are places at which passengers, cargo or mail may be taken on or discharged;

(iv) the proposed dates of departure from, and arrival at, the places mentioned in the preceding subparagraphs;

(h) the proposed tariff structure for the flight or flights.

(2) If the aircraft or any of the aircraft are to carry passengers, the application must, if the Secretary so requests, contain evidence, satisfactory to the Secretary, that holders of tickets for the flight or any of the flights will be indemnified for any financial loss that may be caused by the failure of the charter operator:

(a) to fulfil its obligations; or

(b) if the application relates to a program of flights—to complete the program.

(3) If further information is necessary to enable the Secretary to determine an application:

(a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and

(b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.

15D Determination of application for permission

(1) The Secretary may grant or refuse permission for passengers, cargo or mail to be carried on the flight or flights to which the application relates and must, as soon as practicable, give written notice of his or her decision to the applicant.

(2) If the Secretary grants permission, the permission:

(a) is to be in writing; and

(b) has effect for the period stated in the permission; and

(3) In determining an application or deciding whether a permission is to be subject to conditions, the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):

(a) the public interest, including but not limited to:

(i) the need of people to travel on, or to send cargo and mail by, aircraft; and

(ii) the promotion of trade and tourism to and from Australia; and

(iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and

(iv) if foreign interests hold substantial ownership and effective control of the charterer or the charter operator—employment and investment in, and general development of, the Australian Aviation industry; and

(v) aviation security; and

(vi) Australia’s international relations;

(c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act;

(d) any other matter that the Secretary thinks relevant.

15E Variation of permission on application by charter operator

(1) If the Secretary has granted a permission, a charter operator in relation to the flight or flights covered by the permission may apply to the Secretary for variation of the permission.

(2) The application must:

(a) be in writing; and

(b) if the Secretary directs, be in a form approved by the Secretary.

(3) If further information is necessary to enable the Secretary to determine an application:

(a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and

(b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.

(4) The Secretary may grant or refuse the application and must, as soon as practicable, give written notice of his or her decision to the applicant.

(5) In determining the application, the Secretary is to have regard to the matters referred to in subsection 15D(3).

15F Variation, suspension or cancellation of permission on Secretary’s initiative

(1) The Secretary may vary, suspend or cancel a permission if:

(a) a condition to which the permission is subject has not been complied with by a charter operator; or

(b) there has been substantial change in any of the matters to which the Secretary had regard in granting the permission; or

(c) the Secretary is satisfied that it is in the public interest (including any of the matters referred to in paragraph 15D(3)(a)) to do so.

(2) If the Secretary varies, suspends or cancels a permission, the Secretary must, as soon as practicable, give written notice of the variation, suspension or cancellation to the person who applied for the permission.

16 Aircraft on international flights to comply with laws

(1) It is a condition of any licence, permission or approval granted under this Act or the regulations that, if, under the licence, permission or approval, an aircraft:

(a) arrives in Australian territory from a place outside Australian territory; or

(b) departs from Australian territory for a place outside Australian territory;

the owner, the operator, the hirer, the pilot in command and any other pilot of the aircraft must comply with the provisions of all applicable laws of the Commonwealth or of a State or Territory.

(2) The reference in subsection (1) to applicable laws includes, in particular, laws relating to:

(a) the entry or clearance of passengers; and

(b) crew or cargo; and

(d) passports; and

(e) customs; and

(f) quarantine.

17 Aircraft on international flights to have permission

(1) Subject to subsection (1C) and except as provided by section 14 or in accordance with an international airline licence or a permission under section 15D, an aircraft shall not arrive in Australian territory from a place outside Australian territory, or depart from Australian territory for a place outside Australian territory, without the permission of the Secretary.

(1A) If an aircraft is intentionally or recklessly flown in contravention of subsection (1), the operator of the aircraft and the pilot in command of the aircraft are each, unless the operator or the pilot in command, as the case may be, has a reasonable excuse, guilty of an offence punishable on conviction by imprisonment for a period of not more than 2 years.

(1B) The Secretary may, by instrument in writing, determine that permission is not required under this section in relation to a category of commercial non‑scheduled flights.

(1C) Permission under this section is not required for a flight of an aircraft if the flight is included in a category of flights in relation to which such a determination is in force.

(2) In exercising a discretion under this section, the Secretary shall have regard only to matters that do not relate to the safety of air navigation.

18 Publication of determinations

The Secretary must cause any determinations made under subsections 15A(3) and 17(1B) to be included in the Aeronautical Information Publications published under regulations made under the Air Services Act 1995.

19 Carriage of munitions

(1) Munitions of war or implements of war shall not be carried by an aircraft in or over Australian territory, or by an Australian aircraft outside Australian territory, except with the permission in writing of the Minister and in accordance with any conditions to which the permission is expressed to be subject.

(2) In this section:

(a) the reference to munitions of war or implements of war shall be read as including a reference to any articles declared by the regulations to be munitions of war or implements of war, as the case may be; and

(b) a reference to aircraft shall be read as including a reference to state aircraft of a country other than Australia.

(3) If an aircraft is flown in contravention of subsection (1), the operator of the aircraft is, unless the operator has a reasonable excuse, guilty of an offence punishable on conviction by a fine of not more than 200 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

(5) A person must not intentionally or recklessly:

(a) carry; or

(b) have in his or her possession;

munitions or implements of war:

(d) on board an Australian aircraft outside Australian territory.

Penalty: Imprisonment for 7 years.

(6) Subsection (5) does not apply if the munitions or implements of war are carried in accordance with the written permission of the Minister and any conditions to which the permission is expressed to be subject.

Part 2A—Investigation of accidents etc.

Division 1—Preliminary

19AA Meaning of accident

(1) For the purposes of this Part, an accident in relation to an aircraft occurs if:

(a) as a result of an occurrence associated with the operation of the aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, a person dies or suffers serious injury while in the aircraft or while in contact with the aircraft or anything attached to the aircraft or anything that has detached from the aircraft; or

(b) the aircraft is missing; or

(d) the aircraft is inaccessible and there are reasonable grounds for believing the aircraft has been damaged; or

(e) as a result of an occurrence associated with the operation of the aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, the aircraft incurs damage or structural failure that adversely affects the structural strength, performance, or flight characteristics of the aircraft to a significant extent.

(2) Paragraph (1)(a) does not extend to death or serious injury that:

(a) arises from natural causes; or

(b) is self‑inflicted; or

(c) is caused or inflicted by the action of a person not performing duties or functions associated with the operation of the aircraft; or

(d) is suffered by a stowaway while hiding in a part of an aircraft not usually accessible to crew or passengers when all external doors and hatches of the aircraft are closed.

(3) For the purposes of this section:

(a) a death includes any injury to a person that results in the death of the person within 30 days after the occurrence associated with the operation of an aircraft; and

(b) a serious injury does not include an injury covered by paragraph (a).

19AB Meaning of serious incident

For the purposes of this Part, a serious incident is an occurrence associated with the operation of an aircraft that affects or could affect the safety of the operation of the aircraft or that involves circumstances indicating that an accident nearly occurred.

19AC Meaning of incident

For the purposes of this Part, an incident is an occurrence, other than an accident or a serious incident, associated with the operation of an aircraft that affects or could affect the safety of the operation of the aircraft or another aircraft.

19AD Meaning of safety deficiency

For the purposes of this Part, a safety deficiency is constituted by any situation related to aviation that can reasonably be regarded as having the potential to affect adversely the safety of aviation.

19AE Meaning of responsible person

For the purposes of this Part, a responsible person, in relation to an aircraft, is one or more of the following:

(a) each member of the crew of the aircraft;

(b) if the owner of the aircraft is not a member of the crew—the owner;

(d) if the hirer of the aircraft is not a member of the operating crew—the hirer;

(e) a person performing an air traffic control service in relation to the aircraft;

(f) a person who is licensed as an aircraft maintenance engineer under the Civil Aviation Regulations who does any work in relation to the aircraft;

(g) a person who is a member of a ground handling crew in relation to the aircraft.

19AF Meaning of cockpit voice recording

(1) A reference in this Part to a cockpit voice recording is a reference to:

(a) a recording, made by the use of a cockpit voice recorder, of any words spoken during a flight of an aircraft by a person on the flight deck of the aircraft; and

(b) includes a reference to any transcript or summary of such a recording.

(2) A reference in this Part to a cockpit voice recording made during the flight of an aircraft is a reference to a cockpit voice recording made during any period (whether before, during, or after that flight) in which the cockpit voice recorder was required to be operated in connection with that flight under:

(a) the Civil Aviation Regulations; or

(b) the Civil Aviation Orders.

19AG General definitions

In this Part, unless the contrary intention appears:

accredited representative means a person appointed by a Contracting State to participate in the investigation of an accident or serious incident.

adviser means a person appointed by a Contracting State for the purpose of assisting its accredited representative in an investigation.

air safety record means all or any of the following:

(a) all statements (whether oral or in writing) taken from persons by an investigator in the course of an investigation under this Part including any record of such a statement;

(b) all communications between persons involved in the operation of an aircraft;

(c) medical or private information regarding persons (including deceased persons) involved in an accident, serious incident or incident;

(d) cockpit voice recordings and transcripts from such recordings;

(e) flight data recording and transcripts from such recordings;

(f) opinions expressed by a person in the analysis of information including flight data recorder information.

Airservices Australia means Airservices Australia established by the Air Services Act 1995.

air traffic control service has the same meaning as in the Civil Aviation Regulations.

air safety officer means:

(a) the Secretary; or

(b) the Director; or

(d) a delegate of the Director under section 19GE who is not an investigator; or

(e) any other person who performs or provides services in relation to an investigation under this Part or in relation to air safety records.

appropriate court means a court of a State or Territory other than a tribunal, authority or other person having the power to require the production of documents or the answering of questions.

Civil Aviation Safety Authority means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.

cockpit voice recorder means a sound recording device installed in an aircraft for the purpose of recording spoken communications within the aircraft or between members of the crew of the aircraft and other persons.

constable has the same meaning as in the Crimes Act 1914.

court includes a tribunal, authority or person having the power to require the production of documents or the answering of questions but does not include a Royal Commission or an inquiry instituted by a House of the Parliament or both Houses of the Parliament.

crew member, in relation to a flight of an aircraft, means a person who:

(a) at the time when the flight took place, was employed under a contract of service, or engaged under a contract for services, by the operator of the aircraft; and

(b) was assigned for duty on the aircraft for the purposes of the flight.

Director has the meaning given by section 19GA.

document includes a record.

evidential material means a document, a part or component of an aircraft or other thing relevant to the investigation of an accident, serious incident, incident or safety deficiency under this Part.

flight data recorder means a recording device installed in an aircraft for the purpose of recording information relating to the operation of the aircraft.

investigator has the meaning given by section 19GC.

investigation means an investigation under this Part of:

(a) the circumstances surrounding any accident, serious incident or incident involving or affecting an aircraft that occurs in Australian territory; or

(b) any safety deficiency involving or affecting an aircraft that arises in Australian territory; or

(c) the circumstances surrounding any accident, serious incident or incident involving or affecting an Australian aircraft outside Australian territory; or

(d) any safety deficiency that arises involving or affecting an Australian aircraft outside Australian territory.

magistrate means a magistrate of a State or Territory that has entered into an arrangement with the Commonwealth under section 19HQ.

occupier, in relation to premises, includes a person present at premises who apparently represents the occupier.

officer of Customs has the same meaning as in the Customs Act 1901.

person assisting the investigator, in relation to the execution of a warrant, means a person authorised by the investigator to assist in the execution of the warrant.

person assisting the investigator, in relation to the entry of accident site premises, means a person authorised by the investigator to assist in entering the accident site premises under Division 6.

premises includes a place and a conveyance.

Royal Commission means a Commission that has been commissioned by the Governor‑General, by Letters Patent under the Royal Commissions Act 1902 or of any other power, to conduct an inquiry and includes any member of such a Commission.

State of design, in relation to an aircraft, means the country having jurisdiction over the organizations responsible for the design of that type of aircraft.

State of manufacture, in relation to an aircraft, means the country having jurisdiction over the organization responsible for the final assembly of the aircraft.

State of registration, in relation to an aircraft, means the country in whose register of aircraft the aircraft is entered.

State of the operator, in relation to an aircraft, means the country in which the principal place of business of the aircraft operator is situated or, if the aircraft operator has no place of business, the country in which the principal place of residence of the aircraft operator is situated.

warrant premises means premises in relation to which a warrant is in force.

Division 2—Reporting of accidents etc.

19BA Reporting of accidents and serious incidents

(1) If:

(a) an accident or serious incident occurs and the aircraft involved is an Australian aircraft; or

(b) an accident or serious incident occurs in Australian territory and the aircraft involved is not an Australian aircraft;

each responsible person who is aware of the accident or serious incident must inform the Director of the occurrence of the accident or serious incident as soon as is reasonably practicable and by the quickest means possible.

(2) If:

(a) either:

(i) an accident or serious incident occurs and the aircraft is an Australian aircraft; or

(ii) an accident or serious incident occurs in Australian territory and the aircraft involved is not an Australian aircraft; and

(b) an officer of the Civil Aviation Safety Authority or an officer of Airservices Australia who is not a responsible person in relation to the aircraft and who becomes aware of the accident or serious incident referred to in subparagraph (i) or (ii);

must report the accident or serious incident that they become directly aware of to the Director as soon as is reasonably practicable and by the quickest means possible.

(3) A person who intentionally or recklessly contravenes subsection (1) or (2) is guilty of an offence.

Penalty: Imprisonment for 6 months.

(4) A person who is required by subsection (1) or (2) to report to the Director the occurrence of an accident or serious incident must, as soon as is reasonably practicable, give the Director a written report setting out the following details:

(a) the type, model, nationality and registration marks of the aircraft;

(b) the name of the owner of the aircraft;

(d) if, at the time of the accident or serious incident, the aircraft was under hire—the name of the hirer;

(e) the name of each pilot, and of each other member of the crew, of the aircraft when the accident or serious incident occurred;

(f) the day and time of day of the accident or serious incident;

(g) if when the accident or serious incident happened, the aircraft was engaged in a flight:

(i) the place at which the flight commenced; and

(ii) the place at which the flight ended or at which it was intended the flight would end; and

(iii) the purpose of the flight;

(h) except where the accident or serious incident occurred at an airport—the position of the aircraft after the accident or serious incident described by the reference to a defined geographical point;

(i) except where the accident or serious incident occurred at an airport—the latitude and longitude of the position referred to in paragraph (h);

(j) so far as is known to the person giving the report, the number of persons on board the aircraft when the accident or serious incident occurred;

(k) in the case of an accident—if, as a result of the accident, a person has died or been seriously injured:

(i) the number of members of the crew (if any) who have died or been seriously injured and, if known to the person giving the report, the names of those members; and

(ii) the number of passengers (if any) who have died or been seriously injured and, if known to the person giving the report, the names of those passengers; and

(iii) the number of other persons (if any) who have died or been seriously injured and, if known to the person giving the report, the names of those persons;

(l) the nature of the accident or serious incident, as far as is known;

(m) in the case of an accident—the nature and extent of damage to the aircraft;

(n) in the case of an accident—the physical characteristics of the area in which the accident occurred.

(5) A person who intentionally or recklessly contravenes subsection (4) is guilty of an offence.

Penalty: 30 penalty units.

(6) If, when a person is required by subsection (4) to give a report, any of the details specified in that subsection are not known to the person:

(a) the person must include in the report a statement specifying those details; and

(b) the person must, as soon as is reasonably practicable after the person becomes aware of those details, give the Director a written report setting out those details.

(7) A person who intentionally or recklessly contravenes subsection (6) is guilty of an offence.

Penalty: 30 penalty units.

(8) For the purposes of subsection (1) or (2), the Director may be informed by telephone or facsimile.

(9) It is sufficient compliance with subsection (1), (2), (4) or (6) if the report required by the subsection concerned to be given to the Director is given to a person who is a delegate of the Director.

19BB Notification to Contracting State

(1) If, in relation to an aircraft involved in an accident or a serious incident, a Contracting State is:

(a) the State of registration of the aircraft; or

(b) the State of the operator of the aircraft; or

(c) if the aircraft is registered in a Contracting State which is not the State of manufacture—the State of manufacture of the aircraft; or

(d) if the aircraft is registered in a Contracting State which is not the State of manufacture—the State of design of the aircraft;

the Director must send to that Contracting State a written notification in accordance with subsection (2) and, if subsection (3) is applicable, in accordance with subsection (3).

(2) The written notification required by this subsection is a notification:

(a) setting out the details contained in any report given for the purpose of subsection 19BA(4); and

(b) indicating the nature of the investigation or inquiry that is being conducted into the circumstances surrounding the accident or serious incident.

(3) If a report is given for the purpose of subsection 19BA(6), the written notification required by subsection (1) is a notification including the details contained in that report.

(4) If any of the details required by section 19BA to be included in a report under that section are not known to the Director when the Director sends a notification under subsection (1) but they subsequently become known to the Director, the Director must send to the Contracting State a written notification setting out those details as soon as reasonably practicable after the details become known to the Director.

19BC Reporting of incidents

(1) If:

(a) an incident occurs and the aircraft involved in, or affected by, the incident is an Australian aircraft; or

(b) an incident occurs in Australian territory and the aircraft involved in, or affected by, the incident is not an Australian aircraft;

each responsible person who is aware of the incident must give the Director written notice of the occurrence of the incident within 48 hours after the incident occurs.

(2) If:

(a) an incident occurs and the aircraft involved in, or affected by, the incident is an Australian aircraft; or

(b) an incident occurs in Australian territory and the aircraft involved in, or affected by, the incident is not an Australian aircraft;

an officer or employee of the Civil Aviation Safety Authority or an officer or employee of Airservices Australia who is not a responsible person in relation to the aircraft and who is directly aware of the incident must give the Director notice in writing of the incident within 48 hours after the incident.

(3) A person who intentionally or recklessly contravenes subsection (1) or (2) is guilty of an offence.

Penalty: 30 penalty units.

(4) A written notice for the purposes of subsection (1) or (2) must set out the following details:

(a) the type, model, nationality and registration marks of the affected aircraft;

(b) the name of the owner of the aircraft;

(d) if, at the time of the incident, the aircraft was under hire—the name of the hirer;

(e) the name of each pilot, and of each other member of the crew, of the aircraft when the incident occurred;

(f) the day and time of day of the incident;

(g) if, when the incident happened, the aircraft was engaged in a flight:

(i) the place at which the flight commenced; and

(ii) the place at which the flight ended; and

(iii) the purpose of the flight;

(h) except where the incident occurred at an airport—the position of the aircraft at the time of the incident described by reference to a defined geographical point;

(i) except where the incident occurred at an airport—the latitude and longitude of the position referred to in paragraph (h);

(j) the number of persons on board the aircraft when the incident occurred;

(k) the nature of the incident;

(l) the physical characteristics of the area in which the incident occurred.

Division 3—Investigation of accidents, serious incidents, incidents and safety deficiencies

19CA Object of Division

The object of this Division is, by the establishment of a system of investigation for determining the circumstances surrounding any accident, serious incident, incident and safety deficiency, to prevent the occurrence of other accidents, serious incidents, incidents and deficiencies. It is not part of the object of this Division:

(a) to provide the means of apportioning blame for the occurrence of an accident, serious incident, incident or safety deficiency; or

(b) to provide the means of determining the liability of any person in respect of an accident, serious incident, incident or safety deficiency.

19CB Director’s power to investigate accidents etc.

(1) The Director may investigate:

(a) the circumstances surrounding any accident, serious incident or incident that occurs involving or affecting an aircraft in Australian territory; and

(b) any safety deficiency involving or affecting an aircraft that arises in Australian territory; and

(c) the circumstances surrounding any accident, serious incident or incident involving or affecting an Australian aircraft outside Australian territory; and

(d) any safety deficiency that arises involving or affecting an Australian aircraft outside Australian territory.

(2) Subsection (1) does not impose on the Director any duty to investigate a particular accident, serious incident, incident or safety deficiency.

(3) The Director is not subject to any liability whatever for failing to investigate a particular accident, serious incident, incident or safety deficiency.

19CC Director’s power to obtain information etc.

(1) For the purposes of an investigation under this Part, the Director may, by written notice given to a person:

(a) require the person to attend before the Director and answer questions relating to matters relevant to the investigation; and

(b) require the person to produce to the Director a specified document, or a specified part or component of an aircraft, or any other thing relevant to the investigation to the Director.

(2) A notice under subsection (1) must be signed by the Director and must specify the time and place at which the person is required to attend before the Director or produce the document, part or component of an aircraft or other thing relevant to the investigation.

(3) When a person attends before the Director in accordance with a requirement under paragraph (1)(a), the Director may require the person to answer questions on oath or affirmation. For that purpose, the Director may:

(a) require the person to take an oath or make an affirmation that the answers the person will give to the Director’s questions will be true; and

(b) administer an oath or affirmation to the person.

(4) A person to whom a requirement under paragraph (1)(a) or (1)(b) is given must not, without reasonable excuse:

(a) fail to attend before the Director in accordance with the requirement; or

(b) refuse to take an oath or make an affirmation when required by the Director to do so; or

(d) fail to produce to the Director the document, or specified part or component of an aircraft or other thing in accordance with the requirement.

Penalty: 30 penalty units.

(5) The Director may:

(a) retain a document produced in accordance with a notice under subsection (1) for so long as is reasonable and necessary for the purposes of the investigation; and

(b) make copies of, or take extracts from, such a document; and

(c) retain a part or component of an aircraft produced in accordance with a requirement under subsection (1) for so long as is reasonable and necessary for the purposes of the investigation.

(6) It is not a reasonable excuse for a person’s refusal or failure to:

(a) answer a question; or

(b) produce a document; or

that the giving of an answer, or the production of the document, part, component or thing, as the case may be, may tend to incriminate the person or make the person liable to a penalty.

(7) If a person objects to:

(a) answering a question put to the person by the Director; or

(b) producing a document to the Director; or

on the ground that the answer to the question, or the production of the document, part or component or thing, as the case may be, may tend to incriminate the person or make the person liable to a penalty, subsections (8) to (10) have effect.

(8) The person is not relieved of the obligation to answer the question or produce the document, part, component or thing, as the case may be.

(9) The answer to the question, the production of the document, part, component or thing, or any information or thing obtained as a direct or indirect consequence of the answer to the question or the production of the document, part, component or thing is not admissible in evidence against the person in a criminal proceeding or in a proceeding for the recovery of a penalty.

(10) Subsection (9) does not render an answer inadmissible in evidence in proceedings in respect of the falsity of the statement.

(11) A person who attends before the Director in accordance with a requirement under paragraph (1)(a) or (b) is entitled to be paid, in relation to that attendance, fees and allowances for expenses fixed by, or calculated in accordance with, the regulations.

19CD Powers of entry to premises

(1) For the purposes of conducting an investigation, an investigator may:

(a) enter any premises to inspect any thing relating to an aircraft; and

(b) inspect any document found on the premises; and

(d) require any person on the premises to make available any document kept on the premises, to provide information and to answer questions.

(2) The powers of an investigator under subsection (1) may only be exercised:

(a) with the consent of the occupier of the premises; or

(b) under a warrant issued under section 19CE in respect of the premises.

(3) An investigator is not entitled to exercise any powers under subsection (1) in relation to premises if:

(a) the occupier of the premises has required the investigator to produce his or her identity card for inspection by the occupier; and

(b) the investigator fails to comply with the requirement.

(4) Before obtaining the consent of a person for the purposes of paragraph (2)(a), the investigator must inform the person that he or she may refuse to consent.

(5) If the investigator obtains the consent of a person for the purposes of paragraph (2)(a), he or she must ask the person to sign a written acknowledgment:

(a) of the fact that the person has voluntarily given consent; and

(b) of the day on which, and the time at which, the person gave consent.

19CE Search warrants

(1) An investigator conducting an investigation may apply to a magistrate for a warrant under this section in relation to particular premises.

(2) Subject to subsection (3), the magistrate may issue a warrant to search the premises if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, material that is evidential material in relation to the investigation at the premises.

(3) The magistrate must not issue the warrant unless an investigator has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

(4) A warrant issued under this section must:

(a) specify the purposes for which it is issued; and

(b) describe the premises to which it relates; and

(d) state the name of the investigator responsible for executing the warrant; and

(e) state the period for which the warrant remains in force, which must not be more than 7 days; and

(f) state whether the warrant may be executed at any time or only during particular hours.

19CF The things that are authorised by search warrant

(1) A warrant that is in force in relation to premises authorises the investigator executing the warrant and a person assisting the investigator:

(a) to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, whatever it is; and

(b) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

(2) If the warrant states that it may be executed during particular hours, the warrant must not be executed outside those hours.

(3) A power referred to in this section or in section 19CH or 19CJ may only be exercised in a manner that the investigator believes, on reasonable grounds, to be in accordance with any safety procedures applicable at the premises.

19CG Specific powers available to investigators executing warrants

(1) The investigator executing a warrant or a person assisting the investigator may:

(a) for a purpose incidental to the execution of the warrant; or

(b) if the occupier of the premises consents in writing;

take photographs (including video recordings) of evidential material at the premises.

(2) If a warrant in relation to premises is being executed, the investigator executing the warrant and a person assisting the investigator may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily stop its execution and leave the premises:

(a) for not more than one hour; or

(b) for a longer period if the occupier of the premises consents in writing.

(3) If:

(a) the execution of a warrant is stopped by an order of a court; and

(b) the order is later revoked or reversed on appeal; and

the execution of the warrant may be completed.

19CH Use of equipment to examine or process things

(1) The investigator executing a warrant or a person assisting the investigator may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under the warrant.

(2) If:

(a) it is not practicable to examine or process the things at the warrant premises; or

(b) the occupier of the premises consents in writing;

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.

(3) If things containing electronically stored information are moved to another place for the purpose of examination or processing under subsection (2), the investigator executing the warrant must, if it is practicable to do so:

(a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

(b) allow the occupier or his or her representative to be present during the examination or processing.

(4) The investigator executing the warrant or a person assisting the investigator may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the investigator or person assisting believes, on reasonable grounds, that:

(a) the equipment is suitable for the examination or processing; and

(b) the examination or processing can be carried out without damage to the equipment or the thing.

19CJ Use of electronic equipment at premises

(1) The investigator executing a warrant or a person assisting the investigator may operate electronic equipment located at the premises to see whether evidential material is accessible by doing so if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.

(2) If the investigator executing the warrant or a person assisting the investigator, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:

(a) seize the equipment and any disk, tape or other associated device; or

(b) if the material can, by using facilities at the premises, be put in documentary form, operate the facilities to put the material in that form and seize the documents so produced; or

(i) is brought to the premises; or

(ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

(3) The investigator executing the warrant may seize equipment under paragraph (2)(a) only if it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c).

(4) If the investigator executing the warrant or a person assisting the investigator believes, on reasonable grounds, that:

(a) evidential material may be accessible by operating electronic equipment at the premises; and

(b) expert assistance is required to operate the equipment; and

(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

(5) The investigator executing the warrant or a person assisting the investigator must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

(6) The equipment may be secured:

(a) for a period not exceeding 24 hours; or

(b) until the equipment has been operated by the expert;

whichever happens first.

(7) If the investigator executing the warrant or a person assisting the investigator believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate who issued the warrant for an extension of that period.

(8) The investigator executing the warrant or a person assisting the investigator must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier may be heard in relation to the application.

(9) The provisions of this Division relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

19CK Retention of things which are seized

(1) Subject to any contrary order of a court if the thing was seized under a warrant issued under section 19CE, the investigator must return it if:

(a) the reason for its seizure no longer exists or it is no longer required for the purposes of the investigation; or

(b) the period of 60 days after its seizure ends;

whichever occurs first, unless the thing is the subject of a dispute as to ownership.

(2) If a thing is seized under a warrant issued under section 19CE, at the end of the 60 days specified in paragraph (1)(b) the investigator must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.

19CL Court of summary jurisdiction may permit a thing to be retained

(1) If a thing is seized under a warrant issued under section 19CE, and:

(a) before the end of 60 days after the seizure; or

(b) before the end of a period previously specified in an order of a court under this section;

the investigation has not been completed, the investigator may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.

(2) If the court is satisfied that it is necessary for the investigator to continue to retain the thing for the purposes of an investigation, the court may order that the investigator may retain the thing for a period specified in the order.

(3) Before the court hears the application, it may require notice of the application to be given to such persons as the court thinks fit.

19CM Announcement before entry

(1) Before the investigator executing a warrant or a person assisting the investigator enters premises under paragraph 19CF(1)(a), the investigator or person assisting the investigator must:

(a) announce that he or she is authorised by the warrant to enter the premises; and

(b) give any person at the premises an opportunity to allow entry into or onto the premises.

(2) The investigator executing a warrant or a person assisting the investigator is not required to comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.

19CN Availability of assistance and use of force in executing a warrant

In executing a warrant:

(a) the investigator executing the warrant may obtain such assistance; and

(b) the investigator or a person who is assisting the investigator in executing the warrant may use such force against persons and things;

as is necessary and reasonable in the circumstances.

19CP Details of warrant to be given to occupier

If a warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the investigator executing the warrant must make available a copy of the warrant to the occupier.

19CQ Copies of seized things to be provided

(1) Subject to subsection (2), if an investigator executing a warrant or a person assisting the investigator seizes under a warrant:

(a) a document, film, computer file or other thing that can be readily copied; or

(b) a storage device, the information in which can be readily copied;

the investigator or person assisting must, if requested to do so by the occupier of the premises who is present when the warrant is executed, give a copy of the thing or the information to that occupier as soon as practicable after the seizure.

(2) Subsection (1) does not apply if the thing that has been seized was seized under paragraph 19CJ(2)(a) or (b).

19CR Compensation for damage to electronic equipment

(1) If:

(a) damage is caused to an instrument or other equipment as a result of being operated as mentioned in section 19CJ; and

(b) the damage was caused as a result of:

(i) insufficient care being exercised in selecting the person who was to operate the equipment; or

(ii) insufficient care being exercised by the person operating the equipment;

compensation for the damage is payable to the owner of the instrument or other equipment.

(2) Compensation is payable out of money appropriated by the Parliament for the purpose.

(3) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the instrument or other equipment that was appropriate in the circumstances.

19CS Offence of making false statements in applications for warrant

An investigator must not make, in an application for a warrant, a statement that the investigator knows to be false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

19CT Report of investigation

When an investigation has been completed, the Director must give the Secretary a written report of the investigation and, if required by the Secretary, any relevant documents or things.

19CU Publication of report etc.

(1) Subject to subsection (2), no part of a report or other document given to the Secretary under section 19CT may be published without the written approval of the Secretary.

(2) The Secretary may cause to be published any information contained in a report or document given to the Secretary under section 19CT if he or she considers the publication of the information desirable in the interest of the promotion of aviation safety.

Division 4—Australian investigations in which other Contracting States have an interest

19DA Accredited representatives of Contracting States

(1) This section has effect if:

(a) an accident or serious incident has occurred in Australia; and

(b) a Contracting State is a relevant State in relation to the aircraft, or an aircraft, involved in the accident or serious incident (the aircraft involved).

(2) A Contracting State is a relevant State for the purposes of this section if:

(a) the State is the State of registration of the aircraft involved; or

(b) the State is the State of the operator of the aircraft involved; or

(c) the State is the State of manufacture of the aircraft involved and the Director has requested the State to participate in an investigation of the accident or serious incident; or

(d) if the State of design is not the State of manufacture—the State is the State of design of the aircraft involved and the Director has requested the State to participate in an investigation of the accident or serious incident; or

(e) at the request of the Director, the State has provided information or facilities, or has made available advisers, to assist the Director in the investigation of the accident or serious incident.

(3) If a relevant State appoints an accredited representative to participate in the investigation of the accident or serious incident, that representative:

(a) may participate in the investigation; and

(b) may ask questions of persons who attend before the Director pursuant to a requirement under paragraph 19CC(1)(a); and

19DB Delegation of conduct of investigation

(1) If:

(a) an accident or serious incident occurs in Australian territory; and

(b) in relation to the aircraft, or one of the aircraft, involved in the accident or serious incident, the State of registration or the State of the operator is a Contracting State;

the Director may delegate his or her powers in relation to the investigation, or a specified part of the investigation, of the accident or serious incident to a person nominated by the State of registration or the State of the operator.

(2) If the Director makes a delegation under subsection (1), then, in relation to the investigation, or part of the investigation, as the case may be:

(a) the provisions of this Part have effect as if a reference to the Director were a reference to the person to whom the delegation is made; and

(b) the other provisions of this Part have effect as if the delegation had been made under section 19GE.

19DC Participation in investigation by advisers

(1) If:

(a) an accident occurs in Australian territory; and

(b) citizens of a relevant Contracting State who are on board the aircraft, or one of the aircraft, involved in the accident die as a result of the accident;

subsections (2), (3) and (4) apply.

(2) The Director may authorise an adviser to visit the scene of the accident.

(3) The Director must, at the request of the adviser, give the adviser access to all factual information obtained by the Director and relevant to the investigation of the accident conducted by the Director.

(4) The Director must, at the request of the adviser:

(a) provide the adviser with such information as the Director possesses relating to the identification of the citizens referred to in paragraph (1)(b); and

(b) provide the adviser with reasonable assistance in relation to the identification of those citizens.

(5) A Contracting State is a relevant State for the purposes of this section if, in relation to the aircraft, or one of the aircraft, involved in the accident:

(a) the State is the State of registration of the aircraft; or

(b) the State is the State of the operator of the aircraft; or

(c) the State is the State of manufacture of the aircraft and the Director has requested the State to participate in an investigation of the accident; or

(d) if the State of design is not the State of manufacture—the State is the State of design of the aircraft and the Director has requested the State to participate in an investigation of the accident; or

(e) at the request of the Director, the State has provided information or facilities, or has made available advisers, to assist the Director in the investigation of the accident.

19DD Provision of investigation reports to certain Contracting States

If:

(a) an accident or serious incident has occurred in Australian territory; and

(b) the aircraft, or one of the aircraft, involved in the accident or serious incident was registered in a Contracting State; and

(c) the Director has given the Secretary a report of an investigation by the Director of the circumstances of the accident or serious incident;

the Minister must, as soon as practicable, forward a copy of the report to each of the following countries that is a Contracting State:

(d) the State of registration of the aircraft;

(e) the State of the operator of the aircraft;

(f) the State of manufacture of the aircraft;

(g) the State of design of the aircraft;

(h) any Contracting State that provided information, facilities or advisers in relation to the investigation;

(i) if a citizen of a Contracting State was on the aircraft and died as a result of the accident and an accredited representative or adviser of the Contracting State participated in the investigation—that Contracting State.

19DE Provision of information to Contracting State that conducts investigation

If:

(a) an accident, serious incident or incident occurs in Australian territory; and

(b) a person conducts an investigation of that accident, serious incident or incident under a law of a Contracting State or under an appointment by a Contracting State;

the Director, at the request of the Contracting State, must give the Contracting State any factual information that is available to the Director and relevant to the investigation.

19DF Further investigation of accident etc.

(1) If, after an investigation of an accident, serious incident or incident has been completed, new and significant information relating to the accident, serious incident or incident becomes available, the Director must:

(a) if the investigation was conducted by the Director—conduct a further investigation of the circumstances surrounding the accident, serious incident or incident; or

(b) if the investigation was conducted under a law of a Contracting State or under an appointment by a Contracting State—give the Contracting State any new factual information that is available to the Director and relevant to an investigation of the circumstances of the accident, serious incident or incident.

(2) This Part has effect in relation to a further investigation referred to in paragraph (1)(a) as if the investigation were conducted under subsection 19CB(1).

Division 5—Accidents and serious incidents outside Australian territory

19EA Investigation of accidents and serious incidents that occur to Australian aircraft outside Australian territory

(1) This section applies if:

(a) an accident or serious incident has occurred in the territory of a Contracting State other than Australia; and

(b) Australia is, in relation to the aircraft:

(i) the State of registration; or

(ii) the State of the operator; or

(iii) the State of manufacture; or

(iv) the State of design.

(2) If the Minister has received a notification of the accident or serious incident from the Contracting State to which this section applies, the Minister may:

(a) if the Contracting State has delegated the whole or any part of the conduct of the investigation to Australia—appoint an investigator to conduct the whole or any part of the investigation so delegated; or

(b) otherwise—appoint an accredited representative to participate in the investigation instituted by the Contracting State into the circumstances surrounding the accident.

(3) If the Minister has appointed, under subsection (2), an accredited representative to participate in an investigation conducted into the circumstances surrounding an accident or serious incident, the Minister may appoint advisers to assist the accredited representative so appointed.

19EB Investigation of accidents etc. that occur outside Australian territory to which section 19EA does not apply

(1) If:

(a) an accident or serious incident has occurred outside Australian territory; and

(b) section 19EA does not apply; and

(c) Australia has, at the request of the Contracting State that conducts the investigation into the circumstances surrounding the accident or serious incident, provided information, facilities or advisers to that State in relation to the investigation;

the Minister may appoint an accredited representative to participate in the investigation.

(2) If:

(a) an accident or serious incident that involves an Australian aircraft in the territory of a country that is not a Contracting State; or

(b) the location of an accident that involves an Australian aircraft outside Australian territory cannot definitely be established as being in the territory of a Contracting State;

the Minister:

(c) may appoint an investigator to institute and conduct an investigation into the circumstances surrounding the accident or serious incident; or

(d) may, with the consent of another Contracting State, delegate the whole or any part of the conduct of the investigation to an investigator appointed by the Contracting State.

19EC Investigation of incidents occurring outside Australian territory

If an incident occurs outside Australian territory to an Australian aircraft, the Minister may authorise an investigator to conduct an investigation into the circumstances surrounding the incident.

19ED Powers of investigators

(1) This section applies if an investigator referred to in subsection 19EA(2) or 19EB(2) conducts in Australian territory the whole or a part of an investigation referred to in subsection 19EA(2) or 19EB(2).

(2) The investigator has, in relation to the whole or the part, as the case may be, of the investigation conducted in Australian territory, the powers, duties and immunities of the Director under this Part.

19EE Provision of information to Contracting State that conducts investigation

(1) This section applies if:

(a) an accident, serious incident or incident occurs outside Australian territory to an aircraft; and

(b) a Contracting State, other than Australia, conducts an investigation into the circumstances surrounding the accident, serious incident or incident.

(2) If this section applies, the Director must, upon the request of the Contracting State, give the Contracting State any information that is available to the Director and is relevant to the investigation.

(3) If this section applies, the Director may authorise an investigator (authorised investigator) to conduct an investigation in Australian territory into the circumstances surrounding the accident, serious incident or incident.

(4) An authorised investigator has, in relation to an investigation under subsection (3), the powers, duties and immunities of the Director under this Part.

Division 6—Powers in relation to accident sites

19FA General definitions

(1) In this Division:

access period means the period beginning on the day when an investigator first enters the accident site premises and ending on the day specified by the Director in a written determination as the last day of the access period in relation to a particular accident.

(2) An access period under this Part must not exceed such period as is necessary and reasonable for the purposes of the investigation of the particular accident.

19FB Accident site

A reference in this Division to an accident site is a reference to:

(a) a site where an accident has occurred; or

(b) a site on which there is an impact point caused by an aircraft that has been involved in an accident; or

together with such area around the paragraph (a), (b) or (c) site as is determined by the investigator to be reasonably necessary to facilitate the investigation of the accident and securing of the site.

19FC Accident site premises

A reference in this Division to accident site premises is a reference to:

(a) premises on which there is an accident site; or

(b) premises which it is necessary to enter to get to premises on which there is an accident site.

19FD Accident site powers

A reference in this Division to an accident site power is a reference to a power to do all or any of the following:

(a) leave and re‑enter the accident site premises at any time during the access period;

(b) take control of and secure the accident site during the access period;

(d) take photographs (including video recordings), or sketches, of the accident site or the aircraft or any other thing on or in the site;

(e) inspect or examine a thing;

(f) take samples of a thing;

(g) measure a thing;

(h) take equipment to the accident site and operate the equipment;

(i) remove the aircraft, parts of the aircraft, the aircraft wreckage, goods, baggage, any thing from the accident site premises and exercise any of the powers referred to in paragraphs (e), (f) or (g), take photographs (including video recordings) or subject the thing to testing.

19FE Power of entry to accident site

(1) An investigator or person assisting may:

(a) with the consent of the occupier of accident site premises; or

(b) subject to the provisions of this Division, without the consent of the occupier of accident site premises;

enter the premises and exercise, on the premises, any accident site powers for the purposes of investigating a particular accident.

(2) An investigator or a person assisting the investigator is not entitled to exercise any powers in the circumstances referred to in subsection (1) in relation to accident site premises if:

(a) the occupier of the premises has required the investigator to produce his or her identity card for inspection by the occupier; and

(b) the investigator fails to comply with the requirement.

(3) When requesting the consent of an occupier for the purposes of paragraph (1)(a), the investigator must inform the person that the investigator has a power of entry and accident site powers under this Division even if the occupier refuses to give his or her consent.

(4) If the investigator obtains the consent of an occupier for the purposes of paragraph (1)(a), he or she must ask the person to sign a written acknowledgment:

(a) of the fact that the person has voluntarily given consent; and

(b) of the day on which, and the time at which, the occupier gave consent.

19FF Announcement before entry

Before an investigator or a person assisting the investigator enters accident site premises, the investigator or person assisting the investigator must:

(a) announce that he or she is authorised by this Division to enter the premises; and

(b) give any occupier at the premises an opportunity to allow entry into or onto the premises.

19FG Availability of assistance and use of force in entering accident site premises

In entering accident site premises without the consent of the occupier of the premises:

(a) an investigator may obtain such assistance; and

(b) the investigator or a person who is assisting in entering the premises may use such force against the occupier and things;

as is necessary and reasonable in the circumstances.

19FH Offence of entering etc. an accident site without permission

If the perimeter of an accident site has been secured under subsection 19FE(1), a person must not enter or remain on the site without the permission of the investigator.

Penalty: 10 penalty units.

Division 7—Custody, protection and removal of aircraft

19FJ Removal of or interference with aircraft

(1) If an accident occurs to an aircraft in Australian territory, the aircraft or the aircraft wreckage and any thing in the aircraft or wreckage is to be taken to be in the custody of the Director.

(2) An aircraft or aircraft wreckage or any thing that was in the aircraft or wreckage that is in the custody of the Director under subsection (1) must not be intentionally or recklessly removed or otherwise interfered with except:

(a) with the permission of the Director; or

(b) as provided by subsections (3), (4) and (5).

Penalty: Imprisonment for 6 months.

(3) This section does not prevent any action necessary for all or any of the following:

(a) the extrication of persons, animals and mail from the wreckage of an aircraft;

(b) the protection of the wreckage from destruction by fire or other cause;

(d) the removal of the aircraft or the aircraft wreckage and its contents to a place of safety when the aircraft crashes on water or is wrecked on water;

(e) if the aircraft has come from within Australian territory and the written agreement of the Director has been obtained to the removal of goods or baggage—the removal of goods or baggage under the supervision of a constable;

(f) if the aircraft has come from outside Australian territory and the written agreement of the Director has been obtained to the removal of goods or baggage—the removal of goods or baggage from the vicinity of the aircraft on a clearance by or with the consent of an officer of Customs.

(4) The Director may authorise any person, so far as is necessary for the purposes of any investigation:

(a) to take measures for the preservation of the aircraft or aircraft wreckage; and

(b) to have access to, examine, remove or otherwise deal with the aircraft or aircraft wreckage; and

(c) to make records by photographic or other means of any material evidence which can be removed, effaced, lost or destroyed.

(5) The Director may, so far as is necessary for the purposes of any investigation:

(a) remove parts of an aircraft or aircraft wreckage for testing; or

(b) test any parts of an aircraft or aircraft wreckage; or

(6) Parts of an aircraft, aircraft wreckage, goods or baggage may be tested to destruction by testing conducted under subsection (5).

19FK Protection of Director etc. from liability in certain cases

The Director, an investigator or any other person is not subject to any action, claim or demand by, or any liability to, any person in respect of anything done or omitted to be done in good faith and without negligence arising from the Director having taken custody of the aircraft under subsection 19FJ(1).

19FL Aircraft etc. of Contracting State to remain undisturbed on request

(1) If:

(a) a Contracting State, other than Australia, is the State of registration or the State of the operator of an aircraft to which an accident has occurred in Australian territory; and

(b) the Director receives from that State a request that the aircraft, its contents, and any other evidence remain undisturbed until such time as an inspection has been carried out by an accredited representative appointed by that State;

the Director must, subject to subsection (4), take such steps as are reasonably necessary and practicable to comply with the request, including the facilitation of access to the aircraft, contents or evidence, as the case may be.

(2) If:

(a) a Contracting State, other than Australia, is the State of manufacture or the State of design of an aircraft to which an accident has occurred in Australian territory; and

(b) the Director receives from that State a request that the aircraft remain undisturbed until such time as an inspection of the aircraft has been carried out by an accredited representative appointed by that State;

the Director must, subject to subsection (4), comply with that request so far as that compliance is reasonably practicable.

(3) In determining whether compliance is reasonably practicable for the purposes of subsection (2), the Director is to have regard to:

(a) the proper conduct of the investigation into the circumstances surrounding the accident; and

(b) the avoidance of undue delay in returning the aircraft to normal service.

(4) If the aircraft, its contents or evidence lies in a restricted or prohibited area (including a temporarily restricted or prohibited area) the Director may refuse access to an accredited representative appointed under subsection (2) or (3) to that area but must, if reasonably practicable, arrange removal of the aircraft, its contents or evidence, as the case may be, to a point outside that area for the purpose of access.

19FM Release of aircraft etc. from custody of Director

(1) This section applies when the retention of an aircraft, parts of the aircraft or aircraft wreckage, goods, baggage or any other thing carried on an aircraft involved in an accident is no longer necessary for the purposes of an investigation under this Part.

(2) Subject to subsections (3) and (4), if this section applies, the Director must release custody of the aircraft, parts, wreckage, goods, baggage or other thing, as the case may be:

(a) if the aircraft is an Australian aircraft—to the owner of the aircraft, parts, wreckage, goods, baggage or other thing or a person authorised in writing by the owner to take custody on behalf of the owner; or

(b) otherwise—to the person or persons duly designated by the State of registration.

(3) If, upon completion of the Director’s investigation under this Part:

(a) another Department; or

(b) an agency of the Commonwealth; or

(d) an agency of a State or Territory;

requests in writing the custody of the aircraft, parts of the aircraft, aircraft wreckage, goods, baggage or any other thing carried on an aircraft involved in an accident for the purposes of an investigation under another law of the Commonwealth or a law of a State or Territory, subsection (4) applies.

(4) The Director must release the aircraft, parts of the aircraft, aircraft wreckage, goods, baggage or other thing into the custody of that Department, agency or Government.

Division 8—Administration

19GA Director of Air Safety Investigation

(1) The Secretary may, by notice in writing, designate a particular office within the Department as the office whose occupant is the Director of Air Safety Investigation.

(2) The person who, from time to time, holds, or is acting in, the office designated under subsection (1) is the Director of Air Safety Investigation.

19GB Functions of Director

The functions of the Director are:

(a) to ensure the effective operation of this Part; and

(b) to perform, on behalf of Australia, the obligations Australia has to a Contracting State under this Part; and

(c) to perform such duties and exercise such powers as are imposed or conferred upon the Director under this Act or the regulations or under any other law of the Commonwealth; and

(d) to do anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (c).

19GC Investigators

(1) The Director is an investigator.

(2) The Director may, from time to time, appoint other persons to be investigators.

19GD Identity cards

(1) The Director must have, and must issue to every other investigator, a card identifying the holder as an investigator for the purposes of this Part.

(2) An identity card must:

(a) be in an approved form; and

(b) incorporate a recent photograph of the person.

(3) As soon as practicable after a person ceases to be an investigator the person must return the card to the Director.

Penalty for a contravention of subsection (3): 1 penalty unit.

19GE Delegation by Director

The Director may, in writing, delegate to:

(a) an officer of the Department; or

(b) an investigator who is not an officer of the Department;

all or any of the Director’s powers under this Act or the regulations.

Division 9—Miscellaneous

19HA Disclosure of information by Director for aviation safety purposes

(1) The Director may, if the Director thinks it is necessary for the purposes of aviation safety, disclose information acquired by the Director or an air safety officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Part to any other person.

(2) The Director may, if the Director thinks it is desirable in the interest of the promotion of aviation safety, publish any information except a report or document that is given to the Secretary under section 19CT.

(3) A publication under subsection (2) must not identify a person by name.

19HB Powers in relation to aircraft accidents, serious incidents and incidents

The powers and functions of a Commonwealth agency or a person (other than a member of the Australian Federal Police) under another law of the Commonwealth that would allow the agency or person to investigate any matters in relation to an aircraft accident, serious incident or incident are to be exercised and performed subject to this Part.

19HC Disclosure of air safety records to a court or person

(1) Subject to subsections (2) to (6), a person who is or has been an air safety officer must not, except for the purposes of this Part, directly or indirectly:

(a) disclose to any person, or to a court, the whole or any part of an air safety record; or

(b) produce to any person, or to a court, the whole or any part of an air safety record.

Penalty: 30 penalty units.

(2) This section does not apply to an air safety record that is a cockpit voice recording.

(3) This section does not apply to criminal proceedings, investigations relating to a criminal offence or a proceeding relating to bail.

(4) Subsection (1) does not apply to the disclosure of an air safety record to the Secretary under section 19CT.

(5) Subsection (1) does not apply to the disclosure of an air safety record to another person under section 19HA.

(6) Subsection (1) does not prohibit an air safety officer from disclosing an air safety record to a court if an order is made under subsection (8).

(7) A person may apply to an appropriate court in the State or Territory for an order that an air safety record must be disclosed to a court or produced to a court.

(8) If the appropriate court is satisfied that the public interest in the disclosure or production of the air safety record outweighs the adverse domestic and international impact such disclosure or production may have on the investigation to which the record relates or to any future investigations, the court must order such disclosure.

(9) If the appropriate court makes an order under subsection (8), then that court must also make an order that restricts access to the air safety record to:

(a) the person or persons constituting the court; and

(b) the parties to the proceedings (including any interveners); and

(d) specified witnesses for the purposes of the proceeding;

unless the court is satisfied that such an order would not be in the interests of justice or would not be desirable in the interests of the court performing its functions.

19HD Compliance with subpoenas etc.

(1) Subject to subsection (3), an air safety officer is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to:

(a) attend and answer questions relating to an accident, serious incident or incident; or

(b) attend and produce any part of an air safety record relating to an accident, serious incident or incident;

within 6 months after the day of the accident, serious incident or incident (the 6 month period).

(2) A person who has obtained a subpoena or similar direction from a court that does not have to be complied with because of subsection (1) may apply to that court for an order that the subpoena or similar direction be complied with.

(3) If the court is satisfied, in the circumstances of the case, that it is desirable, in either the interests of justice or the performance by the court of its functions, for the officer to attend and answer questions or to attend and produce air safety records within the 6 month period, the court must order that the officer comply with the subpoena or similar direction.

19HE Evidence of cockpit voice recordings—criminal proceedings

A cockpit voice recording made during the flight of an aircraft operated by an Australian operator is not admissible in evidence in any criminal proceedings in an Australian court against a crew member.

19HF Evidence of cockpit voice recordings—civil proceedings

(1) Subject to subsection (3), a cockpit voice recording made during the flight of an aircraft operated by an Australian operator is not admissible in any civil proceedings in an Australian court.

(2) A party to damages proceedings may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that a cockpit voice recording, or part of a cockpit voice recording, made during the flight of an aircraft, be admissible in evidence in the proceedings.

(3) If an application is made to a court under subsection (2), the court must:

(a) examine the cockpit voice recording; and

(b) if it is satisfied:

(i) that, if a material question of fact in the proceedings will not be able to be properly determined from other evidence available to the court; and

(ii) that the cockpit voice recording, or a part of the cockpit voice recording, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and

(iii) that, in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs the public interest in protecting the privacy of members of crews of aircraft;

the court may order that the cockpit voice recording, or that part of the cockpit voice recording, as the case may be, be admissible in evidence in the proceedings.

(4) If the court makes an order referred to in subsection (3), the cockpit voice recording is, despite subsection (1), admissible in evidence in the proceedings.

(5) In this section:

Australian court means an appropriate court in Australia.

damages proceedings means proceedings in an Australian court for damages in respect of personal injury, death or damage to property.

19HG Examination by a court of a cockpit voice recording under subsection 19HF(3)

(1) This section applies if a court examines a cockpit voice recording under subsection 19HF(3).

(2) The only persons who may be present at the examination are:

(a) the person or persons constituting the court, other than the members of the jury (if any); and

(b) the legal representatives of the parties to the proceedings; and

(3) The court may direct that the cockpit voice recording or the part of the cockpit voice recording, or any information obtained from the recording or part of the recording, must not:

(a) be published or communicated to any person; or

(b) be published or communicated except in such manner, and to such persons, as the court specifies.

19HH Where a court makes an order under subsection 19HF(3)

(1) This section applies if a cockpit voice recording, or part of a cockpit voice recording, made during the flight of an aircraft is admitted as evidence in proceedings under an order under subsection 19HF(3).

(2) The cockpit voice recording, or that part of the cockpit voice recording, is not evidence for the purpose of the determination of the liability in the proceedings of a crew member.

(3) If there are 2 or more defendants in the proceedings of whom at least one is a crew member and the remaining defendant or defendants are not crew members, the cockpit voice recording, or that part of the cockpit voice recording, is evidence for the purpose of determining whether or not any crew member has been negligent for the purposes only of determining the liability in the proceedings of any defendant who is not a crew member.

(4) The court may direct that the cockpit voice recording or the part of the cockpit voice recording, or any information obtained from the recording or part of the recording, must not:

(a) be published or communicated to any person; or

(b) be published or communicated except in such manner, and to such persons, as the court specifies.

19HJ Cockpit voice recording etc. not to be ground for disciplinary action

(1) A person is not entitled to take any disciplinary action against an employee of the person on the basis of information in a cockpit voice recording or any part of a cockpit voice recording or information obtained from such a recording or any part of such a recording.

(2) This section has effect despite any other law or anything in any agreement.

19HK Disclosure of cockpit voice recordings

Subject to section 19HD, a person (other than a person who is a Commonwealth officer within the meaning of the Crimes Act 1914) must not intentionally or recklessly publish or communicate to any person:

(a) a cockpit voice recording or any part of a cockpit voice recording; or

(b) any information obtained from a cockpit voice recording or any part of a cockpit voice recording;

otherwise than in the course of an investigation into an accident, serious incident or incident involving an aircraft conducted under this Part or for the purposes of, or in connection with:

(d) civil proceedings of the kind referred to in section 19HF.

Penalty: Imprisonment for 6 months.

19HL Sections 19HE and 19HF not to affect admissibility of other evidence

Nothing in sections 19HE and 19HF affects the admissibility in any proceedings of evidence of words spoken by a person on the flight deck of an aircraft other than evidence constituted by a recording made by the use of a cockpit voice recorder or by a transcript or summary of such a recording.

19HM Determination of standards

(1) The Director may, by order published in the Gazette, determine that matters specified in the order constitute:

(a) a flight data recorder standard; or

(b) a cockpit voice recorder standard;

in relation to an aircraft or a class of aircraft.

(2) Without limiting the generality of subsection (1), a matter may be specified by reference to:

(a) a standard published by the Standards Association of Australia; or

(b) a standard in force in a foreign country.

19HN Day of effect of standards

A standard under section 19HM takes effect on the day on which the order establishing the standard is published in the Gazette or on such later day as is specified in the order.

19HP Standards to be disallowable instruments

Standards under section 19HM and orders revoking, varying or modifying standards are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

19HQ Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island

The Governor‑General may make arrangements with the Governor of a State, the Australian Capital Territory Executive, the Administrator of the Northern Territory or the Administrator of Norfolk Island for the exercise of powers and the performance of functions under this Act by officers of that State or Territory.

19HR Compensation for acquisition of property

(1) If, apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Commonwealth such reasonable amount of compensation as is agreed on between the person and the Commonwealth or, failing agreement, as is determined by a court of competent jurisdiction.

(2) Any damages or compensation recovered, or other remedy given, in a proceeding instituted otherwise than under this section must be taken into account in assessing compensation payable in a proceeding instituted under this section and arising out of the same event or transaction.

(3) In this section, acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.

Part 3—Aviation security

Division 1—Passengers and baggage etc.

20 Screening of passengers and their possessions

(1) This section applies to an aircraft that is:

(a) a regular public transport aircraft that:

(i) is fitted to carry 100 or more passengers; and

(ii) is not engaged in an international flight; or

(b) a regular public transport aircraft that is engaged in an international flight; or

(i) is fitted to carry 100 or more passengers; and

(ii) is not engaged in an international flight; or

(d) a charter aircraft that:

(i) is fitted to carry 38 or more passengers; and

(ii) is engaged in an international flight.

(2) The operator of an aircraft must not, without reasonable excuse, permit a passenger who has not been screened and cleared by the operator to board the aircraft.

Penalty: 200 penalty units.

(2A) A passenger must not intentionally or recklessly board an aircraft unless the passenger has been screened and cleared by the operator of the aircraft to board the aircraft.

Penalty: 80 penalty units.

(3) For the purposes of subsections (2) and (2A), a person who:

(a) has been screened and cleared at an Australian airport before embarking on an aircraft flight; and

(b) has disembarked from the aircraft at an Australian airport; and

(i) is required by this Division to be screened but has not been screened; or

(ii) having been screened, has afterwards had an opportunity to make physical contact with a person of a kind referred to in this paragraph;

is taken to have been screened and cleared for the purpose of entering a sterile area in relation to another flight of that aircraft or a flight of another aircraft or for the purpose of boarding that aircraft or another aircraft.

(3A) For the purposes of subsections (2) and (2A), if a person boards an aircraft after leaving a sterile area at which the person has been screened and cleared, the person is taken to have been screened and cleared by the aircraft operator to board the aircraft if, between leaving the sterile area and boarding the aircraft, the person has not had an opportunity to make physical contact with another person who:

(a) is required by this Division to be screened but has not been screened; or

(b) having been screened, has afterwards had an opportunity to make physical contact with a person of a kind referred to in paragraph (a) or this paragraph.

(4) Subsections (2) and (2A) do not apply if:

(a) the Secretary has exempted the passenger in writing from screening and clearance; or

(b) the passenger is included in a class of people that the Secretary has exempted in writing from screening and clearance.

(5) The operator of an aircraft must not, without reasonable excuse, permit a passenger’s accompanying possessions that have not been screened and cleared by the operator to be brought on board the aircraft.

Penalty: 200 penalty units.

(6) Subsection (5) does not apply if:

(a) the Secretary has exempted the possessions in writing from screening and clearance; or

(b) the possessions are included in a class of items that the Secretary has exempted in writing from screening and clearance.

(7) An offence constituted by a contravention of subsection (2) or (5) is an offence of strict liability.

Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

20A Screening by aircraft operators

(1) An aircraft operator screening people, vehicles or goods, other than at a sterile area, must do so:

(a) in the manner and on the occasions that the Secretary directs in writing; and

(b) by the use of people who meet any requirements in relation to qualification, training, experience or appropriate physical attributes that are determined by the Secretary in writing; and

(c) by the use of equipment that conforms to, and is operated in accordance with, specifications determined by the Secretary in writing; and

(d) by the use of areas, buildings or rooms reserved for the purposes of screening and clearance.

(2) An aircraft operator must not, without reasonable excuse, contravene subsection (1).

Penalty: 200 penalty units.

(3) An aircraft operator must not permit a person, a vehicle or goods to pass a screening point that is not at a sterile area in order to enter an aircraft, if the screening equipment detects a metal or unidentified object that is on the person, or in the vehicle or goods, unless:

(a) the operator is satisfied that the object is not a danger to aviation security; or

(b) the object is surrendered to the operator.

(4) An aircraft operator must not, without reasonable excuse, contravene subsection (3).

Penalty: 200 penalty units.

(5) Subject to subsections (6) and (7), an aircraft operator must ensure that passengers or intending passengers of the aircraft do not have an opportunity to make physical contact with another person who:

(a) is required by this Division to be screened but has not been screened; or

(b) having been screened, has afterwards had an opportunity to make physical contact with a person of a kind referred to in paragraph (a) or this paragraph.

(6) The requirement in subsection (5) applies in relation to a passenger or intending passenger who leaves a sterile area, having been screened and cleared at the sterile area, for the period beginning immediately after the passenger or intending passenger leaves the sterile area and ending when the passenger or intending passenger boards the aircraft.

(7) The requirement in subsection (5) applies in relation to a passenger or intending passenger who is not covered by subsection (6) for the period beginning immediately after the passenger or intending passenger is screened and cleared and ending when the passenger or intending passenger boards the aircraft.

(8) In spite of subsection (5), an aircraft operator is not required to ensure that passengers, or intending passengers, do not make physical contact with:

(a) a person, vehicle or goods authorised in writing by the Secretary to be in an area used by those passengers or intending passengers; and

(b) a person, vehicle or goods in a class of people, vehicles or goods that are authorised in writing by the Secretary to be in an area used by those passengers or intending passengers.

(9) An aircraft operator must not, without reasonable excuse, contravene subsection (5).

Penalty: 200 penalty units.

(10) An offence constituted by a contravention of subsection (1), (3) or (5) is an offence of strict liability.

21 Designation of sterile areas

(1) The Secretary may, in writing, designate a place used to process passengers or intending passengers of aircraft to which section 20 applies as a sterile area.

(2) The place may be wholly or partly within or outside a terminal building.

(3) The Secretary may designate the place:

(a) as a full‑time sterile area; or

(b) as a sterile area only during the period or periods specified in the designation (for example, during specified hours of each day).

(4) If the Secretary designates a place as a sterile area only during a particular period or periods, a reference in this Act to a sterile area is a reference to the place during the period or periods, as the case may be.

(5) The Secretary may designate the place subject to such conditions (if any) as are specified in the designation.

21A Appointment of screening authorities

(1) If the Secretary designates a place as a sterile area, the Secretary may, in writing, appoint a person, or 2 or more persons jointly, to be the screening authority in respect of the area, or the part or parts of the area (including its perimeter or any part of its perimeter) specified in the appointment.

(2) The Secretary must make sufficient appointments under subsection (1) to ensure that at all times:

(a) there is at least one screening authority in respect of the whole of the sterile area; or

(b) if one or more screening authorities are appointed in relation to a part or parts of the area—there is at least one screening authority in respect of the remainder of the area.

(3) If a sterile area is wholly outside a terminal facility, the Secretary must not appoint a person to be a screening authority in respect of the area, or any part of it, unless:

(a) the person is an operator of aircraft whose passengers or intending passengers are to use the area, or the part of the area; or

(b) the person is an operator of a terminal facility that is contiguous to, or operationally connected with, the sterile area; or

(4) If a sterile area is wholly or partly inside a terminal facility, the Secretary must not appoint a person to be a screening authority in respect of the area, or any part of it, unless:

(a) the person is an operator of the terminal facility; or

(b) the person is an operator of aircraft whose passengers or intending passengers are to use the area, or the part of the area; or

21B Maintenance of sterile areas

(1) The Secretary may give a screening authority written directions relating to the proper maintenance of the sterile area, or part of the sterile area, in respect of which the screening authority is appointed.

(2) A screening authority must not, without reasonable excuse, contravene a direction given to the authority under subsection (1).

Penalty: 200 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

21C Screening at sterile areas

(1) A screening authority in respect of a sterile area, or part of a sterile area, must ensure that people, vehicles and goods do not enter the area or part of the area unless they:

(a) have been screened and cleared for the purpose of entering the area; or

(b) are exempted by the Secretary in writing from screening and clearance; or

(2) A screening authority in respect of a sterile area, or part of a sterile area, must ensure that people, vehicles and goods do not remain in the area, or part of the area, unless they:

(a) have been screened and cleared for the purpose of entering the area; or

(b) are exempted by the Secretary in writing from screening and clearance; or

(3) A screening authority must not, without reasonable excuse, contravene subsection (1) or (2).

Penalty: 200 penalty units.

(4) An offence constituted by a contravention of subsection (1) or (2) is an offence of strict liability.

22 Sterile areas and screening point: weapons

(1) A person must not intentionally or recklessly carry a weapon through a screening point, or intentionally or recklessly have a weapon in his or her possession in a sterile area, unless the person:

(a) is a member of the Australian Federal Police, or of a police force of a State or Territory, who is on duty; or

(b) is a member of a uniformed security force who is on duty; or

Penalty: Imprisonment for 5 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

(2) If an authorised officer:

(a) reasonably suspects that a person has carried a weapon through a screening point, or has a weapon in his or her possession in a sterile area, in contravention of subsection (1); and

(b) does not think it appropriate to arrest the person;

the officer may request the person to leave the screening point or sterile area, as the case may be.

(3) If the person fails to comply with the request, section 22ZT has effect.

(4) In this section:

authorised officer means:

(a) a member of a uniformed security force who is on duty; or

(b) a member of the Australian Federal Police, or of a police force of a State or Territory, who is on duty.

22A Screening of people generally: sterile areas

(1) A person must not intentionally or recklessly enter a sterile area unless:

(a) the person has been screened and cleared for the purpose of entering the area; or

(b) the Secretary has exempted the person in writing from screening and clearance; or

Penalty: 80 penalty units.

(2) A person must not intentionally or recklessly take a vehicle into a sterile area unless:

(a) the person:

(i) has been screened and cleared for the purpose of entering the sterile sarea; or

(ii) has been exempted by the Secretary in writing from screening and clearance; or

(iii) is included in a class of people that the Secretary has exempted in writing from screening and clearance; and

(b) the vehicle:

(i) has been screened and cleared for the purpose of entering the sterile area; or

(ii) has been exempted by the Secretary in writing from screening and clearance; or

(iii) is included in a class of vehicles that the Secretary has exempted in writing from screening and clearance.

Penalty: 80 penalty units.

(3) A person must not intentionally or recklessly take goods into a sterile area unless:

(a) the person:

(i) has been screened and cleared for the purpose of entering the sterile area; or

(ii) has been exempted by the Secretary in writing from screening and clearance; or

(iii) is included in a class of people that the Secretary has exempted in writing from screening and clearance; and

(b) the goods:

(i) have been screened and cleared for the purpose of entering the sterile area; or

(ii) have been exempted by the Secretary in writing from screening and clearance; or

(iii) are included in a class of goods that the Secretary has exempted in writing from screening and clearance.

Penalty: 80 penalty units.

(4) For the purposes of subsections (1) to (3), a person who:

(a) has been screened and cleared at an Australian airport before embarking on an aircraft flight; and

(b) has disembarked from the aircraft at an Australian airport; and

(i) is required by this Division to be screened but has not been screened; or

(ii) having been screened, has afterwards had an opportunity to make physical contact with a person of a kind referred to in this paragraph;

(5) A screening authority screening people, goods or vehicles must do so:

(a) in the manner and on the occasions that the Secretary directs in writing; and

(b) by the use of people who meet any requirements in relation to qualification, training, experience or appropriate physical attributes that are determined by the Secretary in writing; and

(c) by the use of equipment that conforms to, and is operated in accordance with, specifications determined by the Secretary in writing; and

(d) by the use of areas, buildings or rooms reserved for the purposes of screening and clearance.

(6) A screening authority must not, without reasonable excuse, contravene subsection (5).

Penalty: 200 penalty units.

(6A) A screening authority in respect of a sterile area, or a part of a sterile area that includes a screening point, must not permit a person, a vehicle or goods to pass the screening point to enter the sterile area if the screening equipment detects a metal or unidentified object that is on the person, or in the vehicle or goods, unless:

(a) the screening authority is satisfied that the object is not a danger to aviation security; or

(b) the object is surrendered to the screening authority.

(7) If a screening authority is an aircraft operator, the operator must not permit a person, a vehicle or goods to enter an aircraft of the operator if the screening equipment detects a metal or unidentified object that is on the person, or in the vehicle or goods, unless:

(a) the operator is satisfied that the object is not a danger to aviation security; or

(b) the object is surrendered to the operator.

(8) A screening authority must not, without reasonable excuse, contravene subsection (6A) or (7).

Penalty: 200 penalty units.

(9) Subject to subsection (11), a screening authority in respect of a sterile area, or part of a sterile area, must ensure that persons who are in the area or part of the area do not have an opportunity to make physical contact with another person who:

(a) is required by this Division to be screened but has not been screened; or

(b) having been screened, has afterwards had an opportunity to make physical contact with a person of a kind referred to in paragraph (a) or this paragraph.

(11) In spite of subsection (9), a screening authority is not required to ensure that passengers, or intending passengers, do not make physical contact with:

(a) a person, vehicle or goods authorised in writing by the Secretary to be in an area used by those passengers or intending passengers; and

(b) a person, vehicle or goods in a class of people, vehicles or goods that are authorised in writing by the Secretary to be in an area used by those passengers or intending passengers.

(12) A screening authority must not, without reasonable excuse, contravene subsection (9).

Penalty: 200 penalty units.

(13) An offence constituted by a contravention of subsection (5), (6A), (7) or (9) is an offence of strict liability.

22B Screening officer has no power to remove person’s clothing

(1) A screening officer screening a person may request the person to remove any of the person’s headwear, handwear, footwear and outer clothing for the purposes of the screening.

(2) If:

(a) the person refuses to comply with the request; and

(b) as a result of the refusal, the screening officer is unable to screen and clear the person;

the screening officer may refuse to permit the person to enter a sterile area and, if the screening officer is an aircraft operator, may refuse to permit the person to enter an aircraft of the operator.

(3) A screening officer screening a person must not:

(a) subject to subsections (1) and (2), require the person to remove any of the person’s clothing; or

(b) remove or cause the removal of any of the person’s clothing.

(4) A screening officer must not, without reasonable excuse, contravene subsection (3).

Penalty: 200 penalty units.

(5) An offence constituted by a contravention of subsection (3) is an offence of strict liability.

22C Carriage of baggage

(1) This section applies to an aircraft that is:

(a) a regular public transport aircraft; or

(b) a charter aircraft;

that is fitted to carry 38 or more passengers.

(2) The operator of an aircraft must not, without reasonable excuse, accept baggage for carriage on board the aircraft for a person who fails or refuses to provide to the operator his or her ticket or other authorisation for travel on that aircraft.

Penalty: 200 penalty units.

(3) Subsection (2) does not apply if the Secretary has directed in writing that:

(a) the aircraft; or

(b) a class of aircraft that includes the aircraft; or

(d) a class of baggage that includes the baggage;

is exempt from the operation of that subsection.

(4) The operator of an aircraft must not, without reasonable excuse, fail to ensure that a tag indicating the flight number and destination of the aircraft is securely attached to each item of baggage accepted by the operator for carriage on board the aircraft.

Penalty: 20 penalty units.

(5) The operator of an aircraft must not, without reasonable excuse, allow baggage accepted by the operator for carriage on board the aircraft to be accessible by a person other than the operator before the completion of the flight.

Penalty: 200 penalty units.

(6) The operator of an aircraft must determine, before the aircraft starts a flight, whether a person whose baggage has been accepted for carriage in the aircraft:

(a) has disembarked from the aircraft; or

(b) has not boarded the aircraft.

(7) An aircraft operator must not, without reasonable excuse, contravene subsection (6).

Penalty: 200 penalty units.

(8) Subject to subsections (10) and (11), if a person whose baggage has been accepted by an aircraft operator to be carried on board an aircraft:

(a) has disembarked from the aircraft; or

(b) has not boarded the aircraft;

the operator of the aircraft must remove the baggage from the aircraft before the aircraft starts a flight.

(9) An aircraft operator must not, without reasonable excuse, contravene subsection (8).

Penalty: 200 penalty units.

(10) Subsection (8) does not apply if:

(a) the Secretary has directed in writing that:

(i) the aircraft; or

(ii) a class of aircraft that includes the aircraft; or

(iii) the baggage; or

(iv) a class of baggage that includes the baggage;

is exempt from the operation of that subsection; or

(b) the person is intentionally prevented by the operator from entering or remaining in the aircraft and the operator reasonably believes that the baggage is unlikely to represent a danger to people on board the aircraft; or

(d) the person died after boarding the aircraft and the body of the person has been removed from the aircraft; or

(e) the person has disembarked from the aircraft during an unscheduled landing of the aircraft that is for safety or other operational purposes; or

(f) the person has disembarked from the aircraft or has not boarded the aircraft because the person travels in another aircraft at the offer of the operator.

(11) Subsection (8) does not apply to a person’s baggage that is on board an aircraft if:

(a) the person has boarded another aircraft, whether an aircraft of the operator or another operator; and

(b) the baggage was placed on the first‑mentioned aircraft because of an inadvertent act or omission of an aircraft operator; and

(c) the placing of the baggage on the first‑mentioned aircraft was not caused or contributed to by anything done by the person.

(12) An offence constituted by a contravention of this section is an offence of strict liability.

22D Carriage of weapons on aircraft

(1) A person on board a charter aircraft or a regular transport aircraft (whether during a flight or not) must not intentionally or recklessly:

(a) carry a weapon; or

(b) otherwise have in his or her possession a weapon that is located at a place in the aircraft that is accessible to the person.

Penalty: Imprisonment for 7 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment.

(2) Subsection (1) does not apply in relation to a weapon that:

(a) is carried on board the aircraft in accordance with a written direction or permission of the Secretary; or

(b) is carried:

(i) because an animal that could endanger the safety of the aircraft, or the safety of people on board the aircraft, is being carried on board the aircraft; and

(ii) under the control of the pilot in command of the aircraft; or

(3) If a direction or permission under paragraph (2)(a) sets out conditions under which, or the manner in which, the weapon is to be carried on board the aircraft, the operator of the aircraft must ensure that the weapon is carried on board the aircraft in accordance with the direction or permission.

(4) An aircraft operator must not, without reasonable excuse, contravene subsection (3).

Penalty: 200 penalty units.

(5) An offence constituted by a contravention of subsection (3) is an offence of strict liability.

(6) If an authorised officer:

(a) reasonably suspects that a person on board an aircraft is carrying a weapon, or otherwise has a weapon in his or her possession, in contravention of subsection (1); and

(b) does not think it appropriate to arrest the person;

the officer may request the person to leave the aircraft before the aircraft starts a flight.

(7) If the person fails to comply with the request, section 22ZT has effect.

(8) In this section:

authorised officer means:

(a) a member of a uniformed security force who is on duty; or

(b) a member of the Australian Federal Police, or of a police force of a State or Territory, who is on duty.

Note: Carriage of weapons on an aircraft is also subject to provisions in the Civil Aviation Act 1988 and Crimes (Aviation) Act 1991.

Division 2—Report of unlawful interference with aviation etc.

22E Definitions

In this Division, unless the contrary intention appears:

employee, in relation to an employer, means:

(a) a person employed by the employer; or

(b) a person engaged under a contract for services between the person and the employer.

employer means:

(a) an aircraft operator; or

(b) an airport operator; or

(d) a person, other than the Corporation, to whom a right has been granted to use an area or a building, or a part of a building, at an airport.

22F Report of threat of unlawful interference with aviation
etc.—employees

(1) An employee who becomes aware of:

(a) a threat of an unlawful interference with aviation; or

(b) an unlawful interference with aviation;

must, as soon as possible, report the threat or interference, as the case may be, to his or her employer.

(2) An employee must not, without reasonable excuse, contravene subsection (1).

Penalty: 200 penalty units.

(3) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

22G Report of threat of unlawful interference with aviation
etc.—aircraft operator

(1) An aircraft operator who becomes aware of:

(a) a threat of an unlawful interference with aviation; or

(b) an unlawful interference with aviation;

must, as soon as possible, report the threat or interference, as the case may be, to:

(d) if it relates to an aircraft of another operator—the other operator; and

(e) if it relates to an aircraft of the operator:

(i) the Department; and

(ii) the Australian Federal Police or the police force of a State or Territory; and

(f) if it is an interference with aviation that relates to an aircraft of the operator in flight—Airservices Australia; and

(g) if it is an interference with aviation that relates to an aircraft of the operator that is in an airport—the operator of the airport.

(2) If:

(a) an aircraft operator becomes aware of a threat of unlawful interference with aviation; and

(b) the threat relates to an aircraft of the operator; and

(i) the operator assesses the threat and decides that the threat is credible; or

(ii) for whatever reason, the operator is unable to determine whether the threat is credible;

the operator must, as soon as possible, report the threat to:

(d) Airservices Australia; and

(e) if the aircraft is on an airport—the operator of the airport.

(3) An aircraft operator must not, without reasonable excuse, contravene subsection (1) or (2).

Penalty: 200 penalty units.

(4) An offence constituted by a contravention of this section is an offence of strict liability.

22H Report of threat etc.—airport operator

(1) The operator of an airport who becomes aware of:

(a) a threat of an unlawful interference with aviation; or

(b) an unlawful interference with aviation;

must, as soon as soon as possible, report the threat or interference, as the case may be, to:

(d) if it relates to an airport of another airport operator—the other airport operator; and

(e) if it relates to an airport of the operator:

(i) the Department; and

(ii) the Australian Federal Police or the police force of a State or Territory; and

(f) if it relates to an area or part of an airport of the operator for which a lease or licence has been granted to another person—the other person.

(2) For the purposes of subsection (1), the operator is not required to report under paragraph (1)(f) if the threat or unlawful interference:

(a) relates to the airport in general; and

(b) is not specifically directed at the area or part of the airport for which the lease or licence has been granted.

(3) An airport operator must not, without reasonable excuse, contravene subsection (1).

Penalty: 200 penalty units.

(4) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

22J Report of threat etc.—other people

(1) This section applies to the following people:

(a) an employee of the Department;

(b) an employee of Airservices Australia;

(d) a member of a uniformed security force on duty at an airport;

(e) a person (other than an aircraft operator or airport operator) to whom a lease or licence has been granted in respect of land within an airport;

(f) a person (other than an aircraft operator or airport operator) to whom a right has been granted to use an area at an airport.

(2) A person to whom this section applies who becomes aware of:

(a) a threat of an unlawful interference with aviation; or

(b) an unlawful interference with aviation;

must, as soon as possible, report the threat or interference to:

(d) if it relates to an airport—the operator of the airport.

(3) A person must not, without reasonable excuse, contravene subsection (2).

Penalty: 200 penalty units.

(4) An offence constituted by a contravention of subsection (2) is an offence of strict liability.

22K Report must comply with certain requirements

(1) The Secretary may, by notice published in the Gazette, set out:

(a) information that must be included in a report that is required to be made to a person under a provision of this Division; or

(b) the manner in which the report must be made to the person.

(2) A notice under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(3) If requirements set out under subsection (1) are in force in relation to a report required to be made to a person under a provision of this Division, a report is taken not to have been made to the person under the provision unless it complies with the requirements.

22L False or misleading reports

(1) A person must not, without reasonable excuse, make a report under this Division that is false or misleading in a material particular.

Penalty: 200 penalty units.

(2) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

Division 3—Aviation security programs

22M Application

This Division applies to the following air services:

(a) an international air service by regular public transport operations;

(b) an international air service by charter operations;

22N Definitions

In this Division:

approved program means an aviation security program in respect of which the Secretary’s approval under section 22R is in force, and includes such a program as varied under section 22U or 22V.

aviation security program has the meaning given by section 22P.

program purposes, in relation to a proposed program or an approved program means the purposes referred to in paragraphs 22P(1)(a) to (j).

proposed program means a proposed aviation security program prepared under section 22Q.

22P Aviation security program

(1) For the purposes of this Division, an aviation security program of an aircraft operator is a program that describes the equipment to be used, and sets out the procedures to be followed, by the operator for each of the following purposes in relation to aircraft operated by the operator:

(a) preventing the unlawful carriage on an aircraft of the operator of:

(i) any weapon; or

(ii) any other thing that may endanger the safety of the aircraft or of any people or property on board the aircraft;

(b) preventing any person from having unlawful access to an aircraft;

(c) ensuring that all baggage, mail, cargo, equipment, goods or any other articles are accepted to be taken on board an aircraft only by:

(i) an employee of the operator; or

(ii) an agent or representative duly authorised by the operator;

(d) preventing baggage, mail, cargo, equipment, goods and any other articles from being taken on board an aircraft except in accordance with security procedures set out in the program;

(e) protecting an aircraft and people and property on board an aircraft when there is reason to believe that a danger exists to the aircraft or to the people or property;

(f) carrying a weapon on board an aircraft in a secure manner under paragraph 22D(2)(a);

(g) carrying on board an aircraft in a secure manner a person who is in lawful custody;

(h) responding to threats of unlawful interference with aviation in relation to:

(i) an aircraft; and

(ii) the air service conducted or offered to be conducted by the operator;

(i) reporting:

(i) threats of an unlawful interference with aviation; and

(ii) an unlawful interference with aviation;

under this Act;

(j) responding to an unlawful interference with aviation against an aircraft.

(2) The reference in subsection (1) to the equipment and procedures includes a reference to equipment to be used, and procedures to be followed, by the operator:

(a) at an airport at which an aircraft of the operator lands; and

(b) on board such an aircraft while it is at an airport.

(3) If the program relates to an international air service, the reference in subsection (1) to the equipment and procedures includes a reference to equipment to be used, and procedures to be followed, by the operator:

(a) on board an aircraft of the operator while it is in flight to or from Australia, or within Australia; or

(b) in respect of an aircraft that is in flight to Australia—at the place outside Australia at which the aircraft:

(i) last lands; or

(ii) last takes on board passengers or baggage, mail, equipment, cargo, goods or any other articles;

before the flight.

22Q Preparation and submission of proposed aviation security program

An aircraft operator who proposes to conduct or offers to conduct an air service may prepare in writing, and submit to the Secretary for approval, a proposed aviation security program.

22R Approval or rejection of proposed program

(1) If the Secretary is satisfied that a proposed program submitted by an aircraft operator is adequate for each of the program purposes, the Secretary must approve the program by giving written notice of the approval to the aircraft operator.

(2) Subject to section 22U, if the Secretary is not satisfied that a proposed program submitted by an aircraft operator is adequate for each of those purposes, the Secretary must refuse to approve the program by giving written notice of the refusal to the aircraft operator.

(3) An aviation security program in respect of which an approval under the regulations was in force immediately before the commencement of this section is taken to have been approved under subsection (1).

22S Start and duration of approved program

(1) An approved program comes into force:

(a) unless paragraph (b) applies—on the day on which it is approved; or

(b) if a later day is stated in the notice of approval—on the later day.

(2) The approval of an aviation security program remains in force until the approval is cancelled under section 22T or subsection 22U(4).

22T Cancellation of approval of program

If, at any time, the Secretary is satisfied that:

(a) an approved program is not adequate for any one or more of the program purposes; and

(b) action to vary the program under section 22U is not appropriate;

the Secretary must cancel the approval by giving written notice of the cancellation to the aircraft operator who submitted the program.

22U Direction to vary program

(1) If the Secretary is satisfied that a proposed program or an approved program is not adequate for any one or more of the program purposes, the Secretary may, by written notice given to the aircraft operator who submitted the program, direct the operator to vary the program.

(2) The Secretary must not give a direction in relation to a program purpose unless the Secretary is satisfied that the variation will make the program adequate for that program purpose.

(3) In the notice, the Secretary must:

(a) set out the variation; and

(b) state the time within which the aircraft operator must submit a revised program incorporating the variation to the Secretary for approval.

(4) If the aircraft operator fails to comply with the direction within the stated time, the Secretary must:

(a) refuse to approve the proposed program; or

(b) cancel the approval of the approved program;

as the case requires, by giving written notice of the refusal or cancellation, as the case may be, to the aircraft operator.

22V Review of program by operator

(1) An aircraft operator may, at any time, review an approved program prepared by the aircraft operator.

(2) In reviewing the approved program, the aircraft operator may have regard to:

(a) developments, whether in Australia or overseas, in relation to:

(i) the equipment used; and

(ii) the procedures followed;

in relation to aviation security; and

(b) experience gained in relation to aviation security, whether in Australia or overseas, by other aircraft operators.

(3) If the aircraft operator is satisfied that:

(a) the approved program is no longer adequate for any one or more of the program purposes; or

(b) the effectiveness of the program for those purposes could be substantially improved;

the operator may prepare in writing, and submit to the Secretary for approval, proposals for any variation of the program that the operator thinks necessary.

(4) If the Secretary is satisfied that the program, when varied as proposed, will:

(a) be a program adequate for each of the program purposes; or

(b) be substantially more effective for those purposes;

the Secretary must approve the proposals by giving written notice of the approval to the aircraft operator.

(5) If the Secretary is not so satisfied, the Secretary must refuse to approve the proposals by giving written notice of the refusal to the aircraft operator.

22W Offence—international air service by regular public transport operations

(1) Subject to subsection (2), an aircraft operator must not conduct an international air service by regular public transport operations unless:

(a) an approved program is in force in relation to the operator; and

(b) in conducting the service, the operator complies with the program in relation to:

(i) an aircraft used in the service; and

(ii) any person or thing on board the aircraft.

(2) Subsection (1) only applies in respect of an aircraft while it:

(a) flies over Australian territory; or

(b) lands at, takes off from, or otherwise is situated at, an airport in Australia.

(3) An aircraft operator must not, without reasonable excuse, contravene subsection (1).

Penalty: 200 penalty units.

(4) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

22X Offence—international air service by charter operations

(1) Subject to subsection (3), an aircraft operator must not conduct an international air service by charter operations unless:

(a) an approved program is in force in relation to the operator, or the operator has adopted an approved program of another operator in accordance with subsection (2); and

(b) in conducting the service, the operator complies with the program in relation to:

(i) an aircraft used in the service; and

(ii) any person or thing on board the aircraft.

(2) For the purposes of subsection (1), an aircraft operator adopts an approved program of another operator if:

(a) the other operator has consented in writing to the adoption of the program by the first‑mentioned operator; and

(b) the Secretary, on the first‑mentioned operator’s application, has approved, in writing, the adoption.

(3) Subsection (1) only applies in respect of an aircraft while it:

(a) flies over Australian territory; or

(b) lands at, takes off from, or is otherwise situated at, an airport in Australia.

(4) An aircraft operator must not, without reasonable excuse, contravene subsection (1).

Penalty: 200 penalty units.

(5) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

22Y Offence—domestic air service by regular public transport operations

(1) An aircraft operator must not conduct a domestic air service referred to in paragraph 22M(c) unless:

(a) an approved program is in force in relation to the operator; and

(b) in conducting the service, the operator complies with the program in relation to:

(i) an aircraft used in the service; and

(ii) any person or thing on board the aircraft.

(2) An aircraft operator must not, without reasonable excuse, contravene subsection (1).

Penalty: 200 penalty units.

(3) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

Division 4—Airport security programs

22Z Definitions

In this Division:

airport security program has the meaning given by section 22ZA.

approved program means an airport security program in respect of which the Secretary’s approval under section 22ZD is in force, and includes such a program as varied under section 22ZG or 22ZH.

program purposes, in relation to a proposed program or an approved program, means the purposes referred to in paragraphs 22ZA(1)(a) to (e).

proposed program means a proposed airport security program prepared under section 22ZC.

22ZA Airport security program

(1) For the purposes of this Division, an airport security program of an airport operator is a program that describes the human and other resources to be used, and the procedures to be followed, by the operator in relation to the airport for each of the following purposes:

(a) preventing, detecting, deterring and responding to an unlawful interference with aviation at the airport;

(b) responding to an unlawful interference with aviation against aircraft intending to land at the airport;

(i) the airport or any part of it; or

(ii) an aircraft at the airport; or

(iii) an aircraft that is intended to land at the airport;

(d) preventing unauthorised people from having access to areas of the airport;

(e) reporting:

(i) threats of an unlawful interference with aviation; and

(ii) an unlawful interference with aviation;

under this Act.

(2) The reference in subsection (1) to a description of the human and other resources to be used, and the procedures to be followed, in relation to an airport for the purposes referred to in that subsection includes a reference to a description of:

(a) the airport’s fencing, barriers and gates; and

(b) any security restricted areas of the airport; and

(d) if the airport is a category 1, 2 or 3 airport—the patrolling of the airport by a uniformed security force.

22ZB Airport security committees

(1) The operator of a category 1, 2, 3 or 4 airport must ensure that there is an airport security committee for the airport.

(2) An airport operator must not, without reasonable excuse, contravene subsection (1).

Penalty: 100 penalty units.

(3) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

(4) An airport security committee is to consist of people who are:

(a) nominated in writing by the airport operator; and

(b) approved in writing by the Secretary.

(5) The function of an airport security committee is to make recommendations to the airport operator about:

(a) the preparation of an airport security program for the airport; and

(b) the implementation of the airport security program in relation to the airport.

(6) The airport operator is to convene:

(a) any meetings of the airport security committee that the Secretary requires; and

(b) any additional meetings of the committee that the airport operator thinks necessary for the efficient performance of the committee’s functions.

(7) The airport operator or a representative of the airport operator is to preside at meetings of the airport security committee.

(8) In subsection (7):

representative of the airport operator means an individual who is:

(a) nominated by the airport operator; and

(b) approved in writing by the Secretary;

as the airport operator’s representative.

22ZC Preparation and submission of proposed airport security program

(1) The operator of an airport may prepare in writing, and submit to the Secretary for approval, a proposed airport security program for the airport.

(2) If the airport is a category 1, 2, 3 or 4 airport, the operator must have regard to any recommendation of the airport security committee in relation to the airport when preparing the proposed program.

22ZD Approval or rejection of proposed program

(1) If the Secretary is satisfied that a proposed program submitted by an airport operator is adequate for each of the program purposes, the Secretary must approve the program by giving written notice of the approval to the airport operator.

(2) Subject to section 22ZG, if the Secretary is not satisfied that the proposed program is adequate for each of those purposes, the Secretary must refuse to approve the program by giving written notice of the refusal to the airport operator.

22ZE Start and duration of approved program

(1) An approved program comes into force:

(a) unless paragraph (b) applies—on the day on which it is approved; or

(b) if a later day is stated in the notice of approval—on the later day.

(2) The approval of an airport security program remains in force until the approval is cancelled under section 22ZF or subsection 22ZG(4).

22ZF Cancellation of approval of program

If, at any time, the Secretary is satisfied that:

(a) an approved program is not adequate for any one or more of the program purposes; and

(b) action to vary the program under section 22ZG is not appropriate;

the Secretary must cancel the approval by giving written notice of the cancellation to the airport operator who prepared the program.

22ZG Direction to vary program

(1) If the Secretary is not satisfied that a proposed program or an approved program for an airport is adequate for any one or more of the program purposes, the Secretary may, by written notice given to the operator of the airport, direct the operator to vary the program.

(2) The Secretary must not give a direction in relation to a program purpose unless the Secretary is satisfied that the variation will make the program adequate for that program purpose.

(3) In the notice, the Secretary must:

(a) set out the variation; and

(b) state the time within which the airport operator must submit a revised program incorporating the variation to the Secretary for approval.

(4) If the airport operator fails to comply with the direction within the stated time, the Secretary must:

(a) refuse to approve the proposed program; or

(b) cancel the approval of the approved program;

as the case requires, by giving written notice of the refusal or cancellation, as the case may be, to the airport operator.

22ZH Review of program by operator

(1) An airport operator may, at any time, review an approved program prepared by the airport operator.

(2) In reviewing the approved program, the airport operator may have regard to:

(a) developments, whether in Australia or overseas, in relation to:

(i) the human and other resources used; and

(ii) the procedures followed;

in relation to aviation security; and

(b) experience gained in relation to aviation security, whether in Australia or overseas, by other airport operators.

(3) If the airport operator is satisfied that:

(a) the approved program is no longer adequate for any one or more of the program purposes; or

(b) the effectiveness of the program for those purposes could be substantially improved;

the operator may prepare in writing, and submit to the Secretary for approval, proposals for any variation of the program that the operator thinks necessary.

(4) If the Secretary is satisfied that the program, when varied as proposed, will:

(a) be a program adequate for each of the program purposes; or

(b) be substantially more effective for those purposes;

the Secretary must approve the proposals by giving written notice of the approval to the airport operator.

(5) If the Secretary is not so satisfied, the Secretary must refuse to approve the proposals by giving written notice of the refusal to the airport operator.

22ZJ Operator of categorised airport to have an approved airport security program

(1) The operator of a categorised airport must:

(a) ensure that an approved airport security program is in force at all times for the airport; and

(b) comply with the program.

(2) An operator of a categorised airport must not, without reasonable excuse, contravene subsection (1).

Penalty: 200 penalty units.

(3) An offence constituted by a contravention of subsection (1) is an offence of strict liability.

Division 5—Security measures etc. applicable to categorised airports

22ZK Airport categories

(1) The Secretary may, by written notice given to the operator of an airport, categorise the airport as a category 1, 2, 3, 4 or 5 airport.

(2) The notice comes into force:

(a) unless paragraph (b) applies—on the day on which it is given; or

(b) if a later day is stated in the notice—on the later day.

22ZL Category 1 airports—prescribed requirements

(1) The regulations may, in relation to a category 1 airport, prescribe matters relating to any of the following:

(a) patrolling of the airport by members of a uniformed security force;

(b) patrolling of the airport by other security personnel;

(d) responding to security emergencies at the airport;

(e) the operation of a security control centre at the airport;

(f) security restricted areas at the airport;

(g) meetings of an airport security committee;

(h) appointment of an officer to co‑ordinate aviation security at the airport;

(i) provision of lighting, fencing and storage facilities at the airport.

(2) The operator of a category 1 airport must not, without reasonable excuse, contravene regulations prescribed under subsection (1).

Penalty: 200 penalty units.

(3) An offence constituted by a contravention of regulations prescribed under subsection (1) is an offence of strict liability.

(4) In this section:

security control centre means the place at an airport where the airport operator co‑ordinates routine measures that relate to aviation security.

22ZM Category 2 airports—prescribed requirements

(1) The regulations may, in relation to a category 2 airport, prescribe matters relating to any of the following:

(a) patrolling of the airport by members of a uniformed security force;

(b) patrolling of the airport by other security personnel;

(d) responding to security emergencies at the airport;

(e) security restricted areas at the airport;

(f) meetings of an airport security committee;

(g) appointment of an officer to co‑ordinate aviation security at the airport;

(h) provision of lighting, fencing and storage facilities at the airport.

(2) The operator of a category 2 airport must not, without reasonable excuse, contravene regulations prescribed under subsection (1).

Penalty: 160 penalty units.

(3) An offence constituted by a contravention of regulations prescribed under subsection (1) is an offence of strict liability.

22ZN Category 3 airports—prescribed requirements

(1) The regulations may, in relation to a category 3 airport, prescribe matters relating to any of the following:

(a) patrolling of the airport by members of a uniformed security force;

(b) patrolling of the airport by other security personnel;

(d) responding to security emergencies at the airport;

(e) security restricted areas at the airport;

(f) meetings of an airport security committee;

(g) appointment of an officer to co‑ordinate aviation security at the airport;

(h) provision of lighting, fencing and storage facilities at the airport.

(2) The operator of a category 3 airport must not, without reasonable excuse, contravene regulations prescribed under subsection (1).

Penalty: 120 penalty units.

(3) An offence constituted by a contravention of regulations prescribed under subsection (1) is an offence of strict liability.

22ZO Category 4 airports—prescribed requirements

(1) The regulations may, in relation to a category 4 airport, prescribe matters relating to any of the following:

(a) security restricted areas at the airport;

(b) attendance at the airport by members of a police force and other security personnel;

(d) appointment of an officer to co‑ordinate aviation security at the airport;

(e) provision of fencing facilities at the airport.

(2) The operator of a class 4 airport must not, without reasonable excuse, contravene regulations prescribed under subsection (1).

Penalty: 80 penalty units.

(3) An offence constituted by a contravention of regulations prescribed under subsection (1) is an offence of strict liability.

22ZP Category 5 airports—prescribed requirements

(1) The regulations may, in relation to a category 5 airport, prescribe matters relating to any of the following:

(a) security restricted areas at the airport;

(b) attendance at the airport by members of a police force.

(2) The operator of a category 5 airport must not, without reasonable excuse, contravene regulations prescribed under subsection (1).

Penalty: 40 penalty units.

(3) An offence constituted by a contravention of regulations prescribed under subsection (1) is an offence of strict liability.

22ZQ Secretary’s power of direction

(1) The Secretary may, by written notice given to the operator of a categorised airport, direct the operator to comply, in relation to the airport, with a requirement of the regulations that relates to another category of airports if the Secretary reasonably believes that the requirement is appropriate or necessary at the airport in the circumstances.

(2) A direction may be limited as to the time or times at which, or may prescribe a manner in which, a requirement is to be complied with.

(3) An airport operator who is given a direction must not, without reasonable excuse, contravene the direction.

Penalty: 200 penalty units.

(4) An offence constituted by a contravention of a direction is an offence of strict liability.

22ZR Carriage or discharge of firearms at a categorised airport

(1) Subject to subsection (2), a person in a security restricted area of a categorised airport must not intentionally or recklessly:

(a) carry a firearm; or

(b) discharge a firearm.

Penalty: Imprisonment for 7 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

(2) Subsection (1) does not apply if the person is:

(a) an officer or employee of the Department who is on duty; or

(b) a member of the Defence Force who is on duty; or

(d) a member of the Australian Federal Police or a police force of a State or Territory who is on duty; or

(e) a protective service officer who is on duty; or

(f) an officer or employee of Airservices Australia acting in connection with safety of air navigation; or

(g) a person acting with the authority of a person mentioned in any of the above paragraphs; or

(h) a person exempted by the Secretary in writing from the operation of that subsection; or

(i) the operator of the airport or a person who is acting with the operator’s authority.

(3) If an authorised officer:

(a) reasonably suspects that a person in a security restricted area is carrying or has discharged a firearm in contravention of subsection (1); and

(b) does not think it appropriate to arrest the person;

the officer may request the person to leave the security restricted area.

(4) If the person fails to comply with the request, section 22ZT has effect.

(5) In this section:

authorised officer means:

(a) a member of a uniformed security force who is on duty; or

(b) a member of the Australian Federal Police, or of a police force of a State or Territory, who is on duty.

22ZS Approval of certain works at airports

(1) In this section:

facility means any of the following facilities at an airport:

(a) a facility to control the access of people, vehicles or goods to a security restricted area, including any of the following:

(i) gates;

(ii) doors;

(iii) fences;

(iv) the exterior of a building in the airport that faces a security restricted area;

(b) a sterile area;

(d) a baggage handling facility;

(e) a facility for the storage of mishandled or misrouted baggage.

(2) If:

(a) the operator of a category 1, 2 or 3 airport wishes to construct, alter or add to a facility at the airport; or

(b) the operator of an aircraft wishes to construct, alter or add to a facility at a category 1, 2 or 3 airport;

the operator may submit written plans setting out the proposed construction, alteration or addition to the Secretary for approval.

(3) The plans must set out particulars of the proposal in sufficient detail to allow the proposal to be properly considered by the Secretary.

(4) The Secretary must, within 30 days after receiving the plans, by written notice given to the operator:

(a) approve the plans; or

(b) approve the plans subject to a variation set out in the approval; or

(5) If the Secretary does not comply with subsection (4), the plans are taken to be approved by the Secretary at the end of the period of 30 days.

(6) If the Secretary:

(a) approves the plans subject to a variation; or

(b) rejects the plans;

the operator may submit to the Secretary, for approval, written plans that incorporate the variation and any other revisions.

(7) This section applies to plans submitted under subsection (6) as if they were submitted under subsection (2).

(8) A person must not construct, alter or add to a facility at a category 1, 2 or 3 airport except in accordance with:

(a) plans approved under this section; or

(b) plans approved subject to a variation under this section.

(9) A person must not, without reasonable excuse, contravene subsection (8).

Penalty: 200 penalty units.

(10) An offence constituted by a contravention of subsection (8) is an offence of strict liability.

Division 6—Miscellaneous

22ZT Removal of person who fails to leave a place when requested by an authorised officer

(1) In this section:

authorised officer means:

(a) a member of a uniformed security force who is on duty; or

(b) a member of the Australian Federal Police, or of a police force of a State or Territory, who is on duty.

(2) This section applies if a person has refused or failed, within a reasonable time, to comply with the request made by an authorised officer under subsection 22(2), 22D(6) or 22ZR(3).

(3) Subject to this section, the authorised officer may use force to remove the person:

(a) if the request was made under subsection 22(2)—from the screening point or sterile area and from any security restricted area; or

(b) if the request was made under subsection 22D(6)—from the aircraft and from any sterile area or security restricted area; or

(4) An authorised officer must not, in the course of removing a person under subsection (3) use more force, or subject the person to greater indignity, than is necessary and reasonable to remove the person.

(5) The authorised officer may not remove the person under subsection (3) if, following the officer’s request, one of the following occurs:

(a) if the request was made under subsection 22(2):

(i) the person voluntarily surrenders the weapon to the operator of an aircraft and the operator agrees to carry the weapon on board the aircraft; or

(ii) the person voluntarily surrenders the weapon to the authorised officer;

(b) if the request was made under subsection 22D(6):

(i) the person voluntarily surrenders the weapon to the operator of the aircraft and the operator agrees to carry the weapon on board the aircraft; or

(ii) the person voluntarily surrenders the weapon to the authorised officer;

(i) the person voluntarily surrenders the firearm to the operator of an aircraft and the operator agrees to carry the firearm on board the aircraft; or

(ii) the person voluntarily surrenders the firearm to the authorised officer; or

(iii) the person voluntarily surrenders the firearm to a person referred to in any of the paragraphs of subsection 22ZR(2);

(d) in any case:

(i) the person consents to being screened, and to having his or her accompanying possessions screened, by an aircraft operator; and

(ii) the person and those possessions are screened and cleared by the aircraft operator (whether or not they have previously been screened and cleared by an aircraft operator).

(6) Subject to subsection (7), if a weapon is surrendered by the person to the authorised officer or a person referred to in any of the paragraphs of subsection 22ZR(2):

(a) if the person by whom the weapon was surrendered is proposing to travel on an aircraft and the operator of the aircraft agrees to carry the weapon on board the aircraft, the person to whom the weapon was surrendered must deliver it to the operator; or

(b) otherwise—the person to whom the weapon was surrendered must return the weapon to the person who surrendered it, but only when that person is not in a sterile area, an aircraft or a security restricted area.

(7) If a person to whom a weapon is surrendered (the weapon‑holder) as mentioned in subsection (6) reasonably suspects that the possession of the weapon by the person who surrendered it may have contravened a law of the Commonwealth, of a State or of a Territory, the weapon‑holder:

(a) must not deliver the weapon to the operator of an aircraft or return it to the person who surrendered it; and

(b) must, as soon as possible, report the surrender of the weapon to a member of the Australian Federal Police or of a police force of a State or Territory.

(8) If the weapon‑holder ceases to have the suspicion referred to in subsection (7), the weapon‑holder must, as soon as possible, deal with the weapon in accordance with subsection (6).

22ZU Weapon surrendered or delivered to operator of aircraft

(1) This section applies if a weapon is:

(a) surrendered to an aircraft operator by a person (the weapon‑owner):

(i) following the screening of a person, vehicle or goods under this Act; or

(ii) under paragraph 22ZT(5)(a), (b) or (c); or

(b) delivered to an aircraft operator under paragraph 22ZT(6)(a) by someone to whom it was surrendered by a person (the weapon‑owner) under subsection 22ZT(5).

(2) Subject to subsection (4), if the weapon‑owner is travelling on a flight in an aircraft of the operator, the operator must cause the weapon to be returned to the weapon‑owner at the end of the flight.

(3) Subject to subsection (4), if the weapon‑owner is not travelling on a flight in an aircraft of the operator, the operator must return the weapon to the weapon‑owner, but only when the weapon‑owner is not in a sterile area, an aircraft or a security restricted area.

(4) If the aircraft operator reasonably suspects that the possession of the weapon by the weapon‑owner may have contravened a law of the Commonwealth, of a State or of a Territory, the operator:

(a) must not return the weapon to the weapon‑owner; and

(b) must as soon as possible, report the surrender of the weapon to a member of the Australian Federal Police or of a police force of a State or Territory.

(5) If the operator ceases to have the suspicion referred to in subsection (4), the operator must, as soon as possible, deal with the weapon in accordance with subsection (2) or (3), as the case requires.

22ZV Secretary may give directions

(1) In this section:

court includes:

(a) a tribunal; or

(b) an authority; or

that has power to require the production of documents or the answering of questions.

designated person means a person who is:

(a) an officer or employee of the Department; or

(b) a member of the staff of Airservices Australia or of the Corporation; or

(d) an aircraft operator; or

(e) a person to whom a lease or licence has been granted in respect of land within an airport; or

(f) a person, other than the Corporation, to whom a right has been granted to use an area or a building, or a part of a building, at an airport; or

(g) an authority, other than Airservices Australia, to which a right to use an airport or part of an airport (including a building, or a part of a building) has been granted; or

(h) a person employed by an operator, person or authority mentioned in paragraph (c), (d), (e), (f) or (g).

passenger includes an intending passenger.

(2) The Secretary may give written directions to a designated person or a passenger in relation to the measures and resources to be used:

(a) in responding to a threat of an unlawful interference with aviation in relation to:

(i) an aircraft; or

(ii) an airport; or

(b) in controlling access to a part of an airport.

(3) A person must not, without reasonable excuse, fail to comply with a direction under subsection (2) that is:

(a) given to the person; or

(b) clearly displayed at a place where the direction is to be complied with by the person.

Penalty: 200 penalty units.

(4) Subject to subsection (5), a person must not:

(a) disclose to a passenger a direction under subsection (2) that is not expressed to be a direction to a passenger; or

(b) disclose to a person who is not a designated person a direction under subsection (2) that is expressed to be a direction to a designated person only.

Penalty: 20 penalty units.

(5) A designated person who makes a disclosure of a kind referred to in subsection (4) is not guilty of an offence because of that subsection if the disclosure is reasonably necessary for the purpose of the exercise of his or her powers, or the performance of his or her functions or duties, as a designated person.

(6) Subsection (4) does not preclude the disclosure of a direction to a court in any civil or criminal proceeding.

(7) An offence constituted by a contravention of this section is an offence of strict liability.

Part 4—Miscellaneous

23A Review of decisions by Administrative Appeals Tribunal

(1) Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Secretary:

(a) to refuse a permission under subsection 15D(1); or

(b) to grant a permission subject to a condition under paragraph 15D(2)(c); or

(d) to vary, suspend or cancel a permission under subsection 15F(1); or

(e) to refuse a permission under subsection 17(1); or

(h) to refuse to approve a proposed aviation security program under section 22R or 22U; or

(i) to direct an aircraft operator to vary a proposed program or an approved program under subsection 22U(1); or

(j) to direct an airport operator to vary a proposed program or an approved program under subsection 22ZG(1); or

(k) to refuse to approve a proposed airport security program under section 22ZD or 22ZG; or

(l) to cancel the approval of an aviation security program under section 22T or 22U; or

(m) to cancel the approval of an airport security program under section 22ZF or 22ZG; or

(n) to refuse to approve a proposal to vary an aviation security program under section 22V; or

(o) to refuse to approve the adoption of an approved aviation security program under paragraph 22X(2)(b); or

(p) to refuse to approve a proposal to vary an airport security program under section 22ZH; or

(q) to categorise an airport under section 22ZK; or

(r) to give a direction under subsection 22ZQ(1); or

(s) to approve plans subject to a variation under section 22ZS; or

(t) to reject plans under section 22ZS; or

(u) to give a direction under subsection 22ZV(2).

(2) Notice of a decision by the Secretary to which subsection (1) applies must include a statement to the effect that:

(a) subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and

(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.

(3) A failure to comply with subsection (2) does not affect the validity of the decision.

23 Defences in proceedings with respect to offences

(1) In any proceedings with respect to an offence against this Act or the regulations, it is a defence if the act or omission charged is proved to have been due to stress of weather or other unavoidable cause.

24 Crown not liable to prosecution

Nothing in this Act shall be taken to subject the Crown in right of the Commonwealth, of a State or of the Northern Territory to liability to be prosecuted for an offence, but this section does not affect any liability of a member of the crew of an aircraft of which the Crown is the owner or of any other person in the employment of the Crown to be so prosecuted.

24A Conduct by directors, servants and agents

(1) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

(3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and

(b) that the servant or agent had the state of mind.

(4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

(5) If:

(a) a person who is an individual is convicted of an offence; and

(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for the offence.

(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

(9) A reference in this section to an offence against this Act includes a reference to an offence created by section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 that relates to this Act.

26 Regulations

(1) The Governor‑General may make regulations, not inconsistent with this Act:

(a) prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act;

(b) for the purpose of carrying out and giving effect to the Chicago Convention, as amended by the Protocols referred to in subsection 3A(2), any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement;

(d) in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States; and

(e) in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.

(1A) Regulations under subsection (1) may apply to, and in relation to, state aircraft.

(2) Without limiting the generality of the preceding provisions of this section, the regulations that may be made under the powers conferred by those provisions include regulations for or in relation to:

(a) aviation security;

(ca) the charging and recovery of fees and other charges in respect of matters specified in the regulations, being matters in relation to which expenses are incurred by the Commonwealth under this Act or under the regulations, but not being fees or charges the amounts or rates of which exceed amounts or rates that are reasonably related to the expenses incurred by the Commonwealth in relation to the matters in respect of which the fees or charges are payable or that otherwise amount to taxation;

(d) controlling the provision for reward of air transport within a Territory or to or from a Territory;

(e) the establishment, maintenance, operation and use of aerodromes;

(i) the formal proof and authentication of instruments made or issued under this Act or the regulations; and

(k) the imposition of penalties not exceeding a fine of 50 penalty units for a contravention of, or failure to comply with, a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations; and

(l) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to the Commonwealth, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one‑fifth of the maximum penalty prescribed for contravening that provision.

(4) The preceding provisions of this section (including provisions that do not contain references to the States or to a Territory) have effect as if the Northern Territory were a State.

(5) A law of the Northern Territory does not have effect to the extent to which it is inconsistent with a provision of the regulations having effect in that Territory.

27 Extra‑territorial operation of regulations

(1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following:

(a) Australian aircraft;

(b) aircraft (other than Australian aircraft) engaged in Australian international carriage;

while the aircraft are outside Australian territory.

(2) In this section:

airline means a person engaged in the provision of air services.

Australian international carriage means the carriage of passengers or freight, or both passengers and freight, whether within or outside Australian territory, by an aircraft that:

(a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or

(b) is operated by an airline incorporated in Australia; or

(d) is operated by an Australian operator and is subject to section 15A or 17; or

(e) is operated jointly by:

(i) an airline referred to in paragraph (a), (b) or (c); and

(ii) another person;

but is under the control of the airline referred to in subparagraph (i); or

(f) is subject to section 15A or 17 and is operated jointly by:

(i) an Australian operator; and

(ii) another person;

but is under the control of the Australian operator.

Australian operator means:

(a) an individual who:

(i) is an Australian citizen; or

(ii) is ordinarily resident in Australia; or

(b) a body corporate that:

(i) is incorporated in Australia; or

(ii) has its principal place of business in Australia.

bilateral arrangement means an agreement or arrangement between:

(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and

(b) a foreign country;

under which the carriage by air of passengers or freight, or both passengers and freight, between Australia and the foreign country is permitted.

foreign country includes any region:

(a) that is part of a foreign country; or

(b) that is under the protection of a foreign country; or

(3) For the purposes of this section:

(c) an aircraft is taken to be subject to section 15A if the aircraft is, or apart from subsection 15A(5) would be, prohibited from taking on in Australian territory passengers, cargo or mail for carriage for reward, or discharging in Australian territory passengers, cargo or mail carried for reward, unless a permission for the carriage is or was in force under section 15D and the carriage is or was in accordance with the permission; and

(d) an aircraft is taken to be subject to section 17 if the aircraft is, or apart from subsection 17(1C) would be, prohibited from arriving in Australian territory from a place outside Australian territory, or from departing from Australian territory for a place outside Australian territory, without the permission of the Secretary.

27A Registration of security interests in relation to aircraft and components of aircraft

(1) This section applies to an aircraft:

(a) that engages in trade or commerce:

(i) between Australia and places outside Australia; or

(ii) among the States; or

(iii) within a Territory; or

(iv) between a State and a Territory; or

(v) between 2 Territories; or

(b) that is owned by a body corporate that:

(i) is a foreign corporation; or

(ii) is incorporated in a Territory; or

(iii) is a trading corporation formed within the limits of the Commonwealth (other than a trading corporation incorporated in a Territory); or

(iv) is a financial corporation formed within the limits of the Commonwealth (other than a financial corporation incorporated in a Territory).

(2) Without prejudice to the operation that subsection (1) has apart from this subsection, that subsection also has the effect that it would have if:

(a) the reference to an aircraft that is owned by a body corporate that is a trading corporation formed within the limits of the Commonwealth were a reference only to such an aircraft that is used by the body corporate for the purposes of its trading activities; and

(b) the reference to an aircraft that is owned by a body corporate that is a financial corporation formed within the limits of the Commonwealth were a reference only to such an aircraft that is used by the body corporate for the purposes of its financial activities.

(3) In this section:

hire‑purchase agreement, in relation to an aircraft or a component of an aircraft, means an agreement for the bailment of the aircraft or component under which:

(a) the bailee may buy the aircraft or component; or

(b) the property in the aircraft or component will or may pass to the bailee.

instalment purchase agreement, in relation to an aircraft or a component of an aircraft, means an agreement for the purchase of the aircraft or component by instalments (whether the instalments are described as instalments of the purchase price, as rent, as hiring charges or otherwise) other than such an agreement:

(a) under which the property in the aircraft or component passes to the purchaser when the agreement is made; or

(b) in respect of which the purchaser is a person who is engaged in the business of selling aircraft or components of aircraft.

security interest, in relation to an aircraft or a component of an aircraft:

(a) means:

(i) a mortgage, charge or other encumbrance over the aircraft or component; or

(ii) any other interest in, or any power over or in relation to, the aircraft or component (however the interest or power is created) for the purpose of securing repayment of a debt (including payment of interest on a debt) or the performance of any other obligation; and

(iii) any other interest in the aircraft or component that is of a kind declared by the regulations to be a security interest; and

(b) includes:

(i) if the aircraft or component is the subject of a hire‑purchase agreement—the interest of the bailee under the agreement; and

(ii) if the aircraft or component is the subject of an instalment purchase agreement—the interest of the purchaser under the agreement.

(4) The regulations may make provision for or in relation to the following:

(a) the establishment or keeping of a register containing particulars of security interests in relation to aircraft and components of aircraft;

(b) the appointment of a person (the registrar) to keep the register;

(c) requiring the owner of an aircraft or of a component of an aircraft to notify the registrar of particulars of any security interest, a change in any particulars entered in the register in relation to a security interest, or the termination of a security interest, in relation to the aircraft or component;

(d) the period within which, and the manner and form in which, a notification is to be given, including any documents to be lodged with, and any information to be given to, the registrar in connection with a notification;

(e) the manner in which any such document or information is to be verified (which may include verification by means of a statutory declaration);

(f) the registration of particulars of a security interest duly notified, the amendment of registered particulars of a security interest and the cancellation of the registration of particulars of a security interest;

(g) the publishing by the registrar of information about the registration of particulars of a security interest, the amendment of registered particulars of a security interest or the cancellation of the registration of particulars of a security interest;

(h) the giving by the registrar of a certificate in relation to the registration of particulars of a security interest and the amendment or cancellation of such a certificate;

(i) the return by the registrar of documents to the person by whom they were lodged;

(j) the return of certificates to the registrar for amendment or cancellation;

(k) the giving by the registrar of copies of, or extracts from, entries on the register;

(l) the prescribing of fees for:

(i) the registration of particulars of a security interest, the amendment of registered particulars of a security interest or the cancellation of the registration of particulars of a security interest; or

(ii) the giving by the registrar of certificates in relation to the registration of particulars of a security interest or the amendment or cancellation of such a certificate; or

(iii) the giving by the registrar of copies of, or extracts from, entries on the register or documents lodged with the registrar;

(m) providing that a notification to the registrar is taken not to be duly given unless and until:

(i) the notification is given in the manner and form, and is accompanied by the documents and information, required by the regulations; and

(ii) any relevant prescribed fees are paid;

(n) the prescribing of penalties (not exceeding a fine of 50 penalty units) for offences against regulations made for the purposes of any of the above paragraphs.

(5) The fees that may be prescribed under paragraph (4)(l) may not exceed amounts or rates that are reasonably related to the expenses incurred by the Commonwealth in relation to the matters in respect of which the fees are prescribed.

(6) A person is not taken to have notice of any matter relating to a security interest in relation to an aircraft or a component of an aircraft merely because of anything entered in the register in relation to the aircraft or component.

28 Legislative Instruments Act 1995 not to apply to instruments relating to aviation security

Instruments under this Act, or under the regulations, relating to aviation security are not legislative instruments for the purposes of the Legislative Instruments Act 1995.

29 Annual report

(1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the administration and operation of this Act and the regulations during the year that ended on that 30 June and on such other matters concerning civil aviation as the Secretary considers should be included in the report.

(2) The Minister shall cause a copy of a report furnished to him or her under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

30 Powers and functions under State and Northern Territory laws

It is hereby declared to be the intention of the Parliament that an officer, authority or person having powers or functions under this Act or the regulations may also have, exercise and perform similar powers or functions conferred by the law of a State or of the Northern Territory relating to air navigation.

31 Delegation

(1) The Minister or the Secretary may, either generally or in relation to a matter or class of matters, by signed writing, delegate to a person or persons all or any of his or her powers and functions under this Act except this power of delegation.

(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Secretary, as the case may be.

Schedule 1—Convention on International Civil Aviation

Section 4

PREAMBLE.

WHEREAS the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and

WHEREAS it is desirable to avoid friction and to promote that co‑operation between nations and peoples upon which the peace of the world depends;

THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically;

Have accordingly concluded this Convention to that end.

PART I.—AIR NAVIGATION

CHAPTER I.—GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION.

Article 1.

Sovereignty.

The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.

Article 2.

Territory.

For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.

Article 3.

Civil and state aircraft.

(a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft.

(b) Aircraft used in military, customs and police services shall be deemed to be state aircraft.

(c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof.

(d) The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft.

Article 4.

Misuse of civil aviation.

Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.

CHAPTER II.—FLIGHT OVER TERRITORY OF CONTRACTING STATES.

Article 5.

Right of non‑scheduled flight.

Each contracting State agrees that all aircraft of the other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non‑stop across its territory and to make stops for non‑traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.

Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable.

Article 6.

Scheduled air services.

No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization.

Article 7.

Cabotage.

Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State.

Article 8.

Pilotless aircraft.

No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contracting State without special authorization by that State and in accordance with the terms of such authorization. Each contracting State undertakes to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft.

Article 9.

Prohibited areas.

(a) Each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the aircraft of other States from flying over certain areas of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Descriptions of such prohibited areas in the territory of a contracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible to the other contracting States and to the International Civil Aviation Organization.

(b) Each contracting State reserves also the right, in exceptional circumstances or during a period of emergency, or in the interest of public safety, and with immediate effect, temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States.

(c) Each contracting State, under such regulations as it may prescribe, may require any aircraft entering the areas contemplated in subparagraphs (a) or (b) above to effect a landing as soon as practicable thereafter at some designated airport within its territory.

Article 10.

Landing at customs airport.

Except in a case where, under the terms of this Convention or a special authorization, aircraft are permitted to cross the territory of a contracting State without landing, every aircraft which enters the territory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under Part II of this Convention for communication to all other contracting States.

Article 11.

Applicability of air regulations.

Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.

Article 12.

Rules of the air.

Each contracting State undertakes to adopt measures to insure that every aircraft flying over or manoeuvring within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and manoeuvre of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.

Article 13.

Entry and clearance regulations.

The laws and regulations of a contracting State as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State.

Article 14.

Prevention of spread of disease.

Each contracting State agrees to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague and such other communicable diseases as the contracting States shall from time to time decide to designate, and to that end contracting States will keep in close consultation with the agencies concerned with international regulations relating to sanitary measures applicable to aircraft. Such consultation shall be without prejudice to the application of any existing international convention on this subject to which the contracting States may be parties.

Article 15.

Airport and similar charges.

Every airport in a contracting State which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation.

Any charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports and air navigation facilities by the aircraft of any other contracting State shall not be higher,

(a) As to aircraft not engaged in scheduled international air services, than those that would be paid by its national aircraft of the same class engaged in similar operations, and

(b) As to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services.

All such charges shall be published and communicated to the International Civil Aviation Organization: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon.

Article 16.

Search of aircraft.

The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention.

CHAPTER III.—NATIONALITY OF AIRCRAFT.

Article 17.

Nationality of aircraft.

Aircraft have the nationality of the State in which they are registered.

Article 18.

Dual registration.

An aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another.

Article 19.

National laws governing registration.

The registration or transfer of registration of aircraft in any contracting State shall be made in accordance with its laws and regulations.

Article 20.

Display of marks.

Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks.

Article 21.

Report of registrations.

Each contracting State undertakes to supply to any other contracting State or to the International Civil Aviation Organization, on demand, information concerning the registration and ownership of any particular aircraft registered in that State. In addition, each contracting State shall furnish reports to the International Civil Aviation Organization, under such regulations as the latter may prescribe, giving such pertinent data as can be made available concerning the ownership and control of aircraft registered in that State and habitually engaged in international air navigation. The data thus obtained by the International Civil Aviation Organization shall be made available by it on request to the other contracting States.

CHAPTER IV.—MEASURES TO FACILITATE AIR NAVIGATION.

Article 22.

Facilitation of formalities.

Each contracting State agrees to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting States, and to prevent unnecessary delays to aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance.

Article 23.

Customs and immigration procedures.

Each contracting State undertakes, so far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time, pursuant to this Convention. Nothing in this Convention shall be construed as preventing the establishment of customs‑free airports.

Article 24.

Customs duty.

(a) Aircraft on a flight to, from, or across the territory of another contracting State shall be admitted temporarily free of duty, subject to the customs regulations of the State. Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of a contracting State, on arrival in the territory of another contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges. This exemption shall not apply to any quantities or articles unloaded, except in accordance with the customs regulations of the State, which may require that they shall be kept under customs supervision.

(b) Spare parts and equipment imported into the territory of a contracting State for incorporation in or use on an aircraft of another contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the articles shall be kept under customs supervision and control.

Article 25.

Aircraft in distress.

Each contracting State undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide such measures of assistance as may be necessitated by the circumstances. Each contracting State, when undertaking search for missing aircraft, will collaborate in co‑ordinated measures which may be recommended from time to time pursuant to this Convention.

Article 26.

Investigation of accidents.

In the event of an accident to an aircraft of a contracting State occurring in the territory of another contracting State, and involving death or serious injury, or indicating serious technical defect in the aircraft or air navigation facilities, the State in which the accident occurs will institute an inquiry into the circumstances of the accident, in accordance, so far as its laws permit, with the procedure which may be recommended by the International Civil Aviation Organization. The State in which the aircraft is registered shall be given the opportunity to appoint observers to be present at the inquiry and the State holding the inquiry shall communicate the report and findings in the matter to that State.

Article 27.

Exemption from seizure on patent claims.

(a) While engaged in international air navigation, any authorized entry of aircraft of a contracting State into the territory of another contracting State or authorized transit across the territory of such State with or without landings shall not entail any seizure or detention of the aircraft or any claim against the owner or operator thereof or any other interference therewith by or on behalf of such State or any person therein, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is an infringement of any patent, design, or model duly granted or registered in the State whose territory is entered by the aircraft, it being agreed that no deposit of security in connection with the foregoing exemption from seizure or detention of the aircraft shall in any case be required in the State entered by such aircraft.

(b) The provisions of paragraph (a) of this Article shall also be applicable to the storage of spare parts and spare equipment for the aircraft and the right to use and install the same in the repair of an aircraft of a contracting State in the territory of any other contracting State, provided that any patented part or equipment so stored shall not be sold or distributed internally in or exported commercially from the contracting State entered by the aircraft.

(c) The benefits of this Article shall apply only to such States, parties to this Convention, as either (1) are parties to the International Convention for the Protection of Industrial Property and to any amendments thereof; or (2) have enacted patent laws which recognize and give adequate protection to inventions made by the nationals of the other States parties to this Convention.

Article 28.

Air navigation facilities and standard systems.

Each contracting State undertakes, so far as it may find practicable to:

(a) Provide, in its territory, airports, radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention;

(b) Adopt and put into operation the appropriate standard systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established from time to time, pursuant to this Convention;

(c) Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention.

CHAPTER V.—CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT.

Article 29.

Documents carried in aircraft.

Every aircraft of a contracting State, engaged in international navigation, shall carry the following documents in conformity with the conditions prescribed in this Convention:

(a) Its certificate of registration;

(b) Its certificate of airworthiness;

(d) Its journey log book;

(e) If it is equipped with radio apparatus, the aircraft radio station licence;

(f) If it carries passengers, a list of their names and places of embarkation and destination;

(g) If it carries cargo, a manifest and detailed declarations of the cargo.

Article 30.

Aircraft radio equipment.

(a) Aircraft of each contracting State may, in or over the territory of other contracting States, carry radio transmitting apparatus only if a licence to install and operate such apparatus has been issued by the appropriate authorities of the State in which the aircraft is registered. The use of radio transmitting apparatus in the territory of the contracting State whose territory is flown over shall be in accordance with the regulations prescribed by that State.

(b) Radio transmitting apparatus may be used only by members of the flight crew who are provided with a special licence for the purpose, issued by the appropriate authorities of the State in which the aircraft is registered.

Article 31.

Certificates of airworthiness.

Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered.

Article 32.

Licences of personnel.

(a) The pilot of every aircraft and the other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licences issued or rendered valid by the State in which the aircraft is registered.

(b) Each contracting State reserves the right to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licences granted to any of its nationals by another contracting State.

Article 33.

Recognition of certificates and licences.

Certificates of airworthiness and certificates of competency and licences issued or rendered valid by the contracting State in which the aircraft is registered, shall be recognized as valid by the other contracting States, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention.

Article 34.

Journey log books.

There shall be maintained in respect of every aircraft engaged in international navigation a journey log book in which shall be entered particulars of the aircraft, its crew and of each journey, in such form as may be prescribed from time to time pursuant to this Convention.

Article 35.

Cargo restrictions.

(a) No munitions of war or implements of war may be carried in or above the territory of a State in aircraft engaged in international navigation, except by permission of such State. Each State shall determine by regulations what constitutes munitions of war or implements of war for the purposes of this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the International Civil Aviation Organization may from time to time make.

(b) Each contracting State reserves the right, for reasons of public order and safety, to regulate or prohibit the carriage in or above its territory of articles other than those enumerated in paragraph (a): provided that no distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States so engaged; and provided further that no restriction shall be imposed which may interfere with the carriage and use on aircraft of apparatus necessary for the operation or navigation of the aircraft or the safety of the personnel or passengers.

Article 36.

Photographic apparatus.

Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory.

CHAPTER VI.—INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES.

Article 37.

Adoption of international standards and procedures.

Each contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation.

To this end the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with:

(a) Communications systems and air navigation aids, including ground marking;

(b) Characteristics of airports and landing areas;

(d) Licensing of operating and mechanical personnel;

(e) Airworthiness of aircraft;

(f) Registration and identification of aircraft;

(g) Collection and exchange of meteorological information;

(h) Log books;

(i) Aeronautical maps and charts;

(j) Customs and immigration procedures;

(k) Aircraft in distress and investigation of accident;

and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate.

Article 38.

Departures from international standards and procedures.

Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standards. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other States of the difference which exists between one or more features of an international standard and the corresponding national practice of that State.

Article 39.

Endorsement of certificates and licences.

(a) Any aircraft or part thereof with respect to which there exists an international standard of airworthiness or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed.

(b) Any person holding a licence who does not satisfy in full the conditions laid down in the international standard relating to the class of licence of certificate which he holds shall have endorsed on or attached to his licence a complete enumeration of the particulars in which he does not satisfy such conditions.

Article 40.

Validity of endorsed certificates and licences.

No aircraft or personnel having certificates or licences so endorsed shall participate in international navigation, except with the permission of the State or States whose territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported.

Article 41.

Recognition of existing standards of airworthiness.

The provisions of this Chapter shall not apply to aircraft and aircraft equipment of types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of an international standard of airworthiness for such equipment.

Article 42.

Recognition of existing standards of competency of personnel.

The provisions of this Chapter shall not apply to personnel whose licences are originally issued prior to a date one year after initial adoption of an international standard of qualification for such personnel; but they shall in any case apply to all personnel whose licences remain valid five years after the date of adoption of such standard.

PART II.—THE INTERNATIONAL CIVIL AVIATION ORGANIZATION.

CHAPTER VII.—THE ORGANIZATION.

Article 43.

Name and composition.

An organization to be named the International Civil Aviation Organization is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary.

Article 44.

Objectives.

The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to:

(a) Insure the safe and orderly growth of international civil aviation throughout the world;

(b) Encourage the arts of aircraft design and operation for peaceful purposes;

(d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport;

(e) Prevent economic waste caused by unreasonable competition;

(f) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines;

(g) Avoid discrimination between contracting States;

(h) Promote safety of flight in international air navigation;

(i) Promote generally the development of all aspects of international civil aeronautics.

Article 45.

Permanent seat.

The permanent seat of the Organization shall be at such place as shall be determined at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision of the Council.

Article 46.

First meeting of Assembly.

The first meeting of the Assembly shall be summoned by the Interim Council of the above‑mentioned Provisional Organization as soon as the Convention has come into force, to meet at a time and place to be decided by the Interim Council.

Article 47.

Legal capacity.

The Organization shall enjoy in the Territory of each contracting State such legal capacity as may be necessary for the performance of its functions. Full juridical personality shall be granted wherever compatible with the constitution and laws of the State concerned.

CHAPTER VIII.—THE ASSEMBLY.

Article 48.

Meetings of Assembly and voting.

(a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinary meetings of the Assembly may be held at any time upon the call of the Council or at the request of any ten contracting States addressed to the Secretary General.

(b) All contracting States shall have an equal right to be represented at the meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates representing contracting States may be assisted by technical advisers who may participate in the meetings but shall have no vote.

(c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast.

Article 49.

Powers and duties of Assembly.

The powers and duties of the Assembly shall be to:

(a) Elect at each meeting its President and other officers;

(b) Elect the contracting States to be represented on the Council, in accordance with the provisions of Chapter IX;

(c) Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council;

(d) Determine its own rules of procedure and establish such subsidiary commissions as it may consider to be necessary or desirable;

(e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with the provisions of Chapter XII;

(f) Review expenditures and approve the accounts of the Organization;

(g) Refer, at its discretion, to the Council, to subsidiary commissions, or to any other body any matter within its sphere of action;

(h) Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the Organization and revoke or modify the delegations of authority at any time;

(i) Carry out the appropriate provisions of Chapter XIII;

(j) Consider proposals for the modification or amendment of the provisions of this Convention and, if it approves of the proposals, recommend them to the contracting States in accordance with the provisions of Chapter XXI;

(k) Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council.

CHAPTER IX.—THE COUNCIL.

Article 50.

Composition and election of Council.

(a) The Council shall be a permanent body responsible to the Assembly. It shall be composed of twenty‑one contracting States elected by the Assembly. An election shall be held at the first meeting of the Assembly and thereafter every three years, and the members of the Council so elected shall hold office until the next following election.

(b) In electing the members of the Council, the Assembly shall give adequate representation to (1) the States of chief importance in air transport; (2) the States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation; and (3) the States not otherwise included whose designation will ensure that all the major geographic areas of the world are represented on the Council. Any vacancy on the Council shall be filled by the Assembly as soon as possible; any contracting State so elected to the Council shall hold office for the unexpired portion of its predecessor’s term of office.

(c) No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service.

Article 51.

President of Council.

The Council shall elect its President for a term of three years. He may be reelected. He shall have no vote. The Council shall elect from among its members one or more Vice Presidents who shall retain their right to vote when serving as acting President. The President need not be selected from among the representatives of the members of the Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by the State which he represented. The duties of the President shall be to:

(a) Convene meetings of the Council, the Air Transport Committee, and the Air Navigation Commission;

(b) Serve as representative of the Council; and

Article 52.

Voting in Council.

Decisions by the Council shall require approval by a majority of its members. The Council may delegate authority with respect to any particular matter to a committee of its members. Decisions of any committee of the Council may be appealed to the Council by any interested contracting State.

Article 53.

Participation without a vote.

Any contracting State may participate, without a vote, in the consideration by the Council and by its committees and commissions of any question which especially affects its interests. No member of the Council shall vote in the consideration by the Council of a dispute to which it is a party.

Article 54.

Mandatory functions of Council.

The Council shall:

(a) Submit annual reports to the Assembly;

(b) Carry out the directions of the Assembly and discharge the duties and obligations which are laid on it by this Convention;

(d) Appoint and define the duties of an Air Transport Committee, which shall be chosen from among the representatives of the members of the Council, and which shall be responsible to it;

(e) Establish an Air Navigation Commission, in accordance with the provisions of Chapter X;

(f) Administer the finances of the Organization in accordance with the provisions of Chapters XII and XV;

(g) Determine the emoluments of the President of the Council;

(h) Appoint a chief executive officer who shall be called the Secretary General, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI;

(i) Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including information about the costs of operation and particulars of subsidies paid to airlines from public funds;

(j) Report to contracting States any infraction of this Convention, as well as any failure to carry out recommendations or determinations of the Council;

(k) Report to the Assembly any infraction of this Convention where a contracting State has failed to take appropriate action within a reasonable time after notice of the infraction;

(l) Adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience, designate them as Annexes to this Convention; and notify all contracting States of the action taken;

(m) Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX;

(n) Consider any matter relating to the Convention which any contracting State refers to it.

Article 55.

Permissive functions of Council.

The Council may:

(a) Where appropriate and as experience may show to be desirable, create subordinate air transport commissions on a regional or other basis and define groups of states or airlines with or through which it may deal to facilitate the carrying out of the aims of this Convention;

(b) Delegate to the Air Navigation Commission duties additional to those set forth in the Convention and revoke or modify such delegations of authority at any time;

(c) Conduct research into all aspects of air transport and air navigation which are of international importance, communicate the results of its research to the contracting States, and facilitate the exchange of information between contracting States on air transport and air navigation matters;

(d) Study any matters affecting the organization and operation of international air transport, including the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto;

(e) Investigate, at the request of any contracting State, any situation which may appear to present avoidable obstacles to the development of international air navigation; and, after such investigation, issue such reports as may appear to it desirable.

CHAPTER X.—THE AIR NAVIGATION COMMISSION.

Article 56.

Nomination and appointment of Commission.

The Air Navigation Commission shall be composed of twelve members appointed by the Council from among persons nominated by contracting States. These persons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nominations. The President of the Air Navigation Commission shall be appointed by the Council.

Article 57.

Duties of Commission.

The Air Navigation Commission shall:

(a) Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention;

(b) Establish technical subcommissions on which any contracting State may be represented, if it so desires;

(c) Advise the Council concerning the collection and communication to the contracting States of all information which it considers necessary and useful for the advancement of air navigation.

CHAPTER XI.—PERSONNEL.

Article 58.

Appointment of personnel.

Subject to any rules laid down by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organization and may employ or make use of the services of nationals of any contracting State.

Article 59.

International character of personnel.

The President of the Council, the Secretary General, and other personnel shall not seek or receive instructions in regard to the discharge of their responsibilities from any authority external to the Organization. Each contracting State undertakes fully to respect the international character of the responsibilities of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities.

Article 60.

Immunities and privileges of personnel.

Each contracting State undertakes, so far as possible under its constitutional procedure, to accord to the President of the Council, the Secretary General, and the other personnel of the Organization, the immunities and privileges which are accorded to corresponding personnel of other public international organizations. If a general international agreement on the immunities and privileges of international civil servants is arrived at, the immunities and privileges accorded to the President, the Secretary General, and the other personnel of the Organization shall be the immunities and privileges accorded under that general international agreement.

CHAPTER XII.—FINANCE.

Article 61.

Budget and apportionment of expenses.

The Council shall submit to the Assembly an annual budget, annual statements of accounts and estimates of all receipts and expenditures. The Assembly shall vote the budget with whatever modification it sees fit to prescribe, and, with the exception of assessments under Chapter XV to States consenting thereto, shall apportion the expenses of the Organization among the contracting States on the basis which it shall from time to time determine.

Article 62.

Suspension of voting power.

The Assembly may suspend the voting power in the Assembly and in the Council of any contracting State that fails to discharge within a reasonable period its financial obligations to the Organization.

Article 63.

Expenses of delegations and other representatives.

Each contracting State shall bear the expenses of its own delegation to the Assembly and the remuneration, travel, and other expenses of any person whom it appoints to serve on the Council, and of its nominees or representatives on any subsidiary committees or commissions of the Organization.

CHAPTER XIII.—OTHER INTERNATIONAL ARRANGEMENTS.

Article 64.

Security arrangements.

The Organization may, with respect to air matters within its competence directly affecting world security, by vote of the Assembly enter into appropriate arrangements with any general organization set up by the nations of the world to preserve peace.

Article 65.

Arrangements with other international bodies.

The Council, on behalf of the Organization, may enter into agreements with other international bodies for the maintenance of common services and for common arrangements concerning personnel and, with the approval of the Assembly, may enter into such other arrangements as may facilitate the work of the Organization.

Article 66.

Functions relating to other agreements.

(a) The Organization shall also carry out the functions placed upon it by the International Air Services Transit Agreement and by the International Air Transport Agreement drawn up at Chicago on December 7, 1944, in accordance with the terms and conditions therein set forth.

(b) Members of the Assembly and the Council who have not accepted the International Air Services Transit Agreement or the International Air Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreement.

PART III.—INTERNATIONAL AIR TRANSPORT.

CHAPTER XIV.—INFORMATION AND REPORTS.

Article 67.

File reports with Council.

Each contracting State undertakes that its international airlines shall, in accordance with requirements laid down by the Council, file with the Council traffic reports, cost statistics and financial statements showing among other things all receipts and the sources thereof.

CHAPTER XV.—AIRPORTS AND OTHER AIR NAVIGATION FACILITIES.

Article 68.

Designation of routes and airports.

Each contracting State may, subject to the provisions of this Convention, designate the route to be followed within its territory by any international air service and the airports which any such service may use.

Article 69.

Improvement of air navigation facilities.

If the Council is of the opinion that the airports or other air navigation facilities, including radio and meteorological services, of a contracting State are not reasonably adequate for the safe, regular, efficient, and economical operation of international air services, present or contemplated, the Council shall consult with the State directly concerned, and other States affected, with a view to finding means by which the situation may be remedied, and may make recommendations for that purpose. No contracting State shall be guilty of an infraction of this Convention if it fails to carry out these recommendations.

Article 70.

Financing of air navigation facilities.

A contracting State, in the circumstances arising under the provisions of Article 69, may conclude an arrangement with the Council for giving effect to such recommendations. The State may elect to bear all of the costs involved in any such arrangement. If the State does not so elect, the Council may agree, at the request of the State, to provide for all or a portion of the costs.

Article 71.

Provision and maintenance of facilities by Council.

If a contracting State so requests, the Council may agree to provide, man, maintain, and administer any or all of the airports and other air navigation facilities, including radio and meteorological services, required in its territory for the safe, regular, efficient and economical operation of the international air services of the other contracting States, and may specify just and reasonable charges for the use of the facilities provided.

Article 72.

Acquisition or use of land.

Where land is needed for facilities financed in whole or in part by the Council at the request of a contracting State, that State shall either provide the land itself, retaining title if it wishes, or facilitate the use of the land by the Council on just and reasonable terms and in accordance with the laws of the State concerned.

Article 73.

Expenditure and assessment of funds.

Within the limit of the funds which may be made available to it by the Assembly under Chapter XII, the Council may make current expenditures for the purposes of this Chapter from the general funds of the Organization. The Council shall assess the capital funds required for the purposes of this Chapter in previously agreed proportions over a reasonable period of time to the contracting States consenting thereto whose airlines use the facilities. The Council may also assess to States that consent any working funds that are required.

Article 74.

Technical assistance and utilization of revenues.

When the Council, at the request of a contracting State, advances funds or provides airports or other facilities in whole or in part, the arrangement may provide, with the consent of that State, for technical assistance in the supervision and operation of the airports and other facilities, and for the payment, from the revenues derived from the operation of the airports and other facilities, of the operating expenses of the airports and the other facilities, and of interest and amortization charges.

Article 75.

Taking over of facilities from Council.

A contracting State may at any time discharge any obligation into which it has entered under Article 70, and take over airports and other facilities which the Council has provided in its territory pursuant to the provisions of Articles 71 and 72, by paying to the Council an amount which in the opinion of the Council is reasonable in the circumstances. If the State considers that the amount fixed by the Council is unreasonable it may appeal to the Assembly against the decision of the Council and the Assembly may confirm or amend the decision of the Council.

Article 76.

Return of funds.

Funds obtained by the Council through reimbursement under Article 75 and from receipts of interest and amortization payments under Article 74 shall, in the case of advances originally financed by States under Article 73, be returned to the States which were originally assessed in the proportion of their assessments, as determined by the Council.

CHAPTER XVI.—JOINT OPERATING ORGANIZATIONS AND POOLED SERVICES.

Article 77.

Joint operating organizations permitted.

Nothing in this Convention shall prevent two or more contracting States from constituting joint air transport operating organizations or international operating agencies and from pooling their air services on any routes or in any regions, but such organizations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the registration of agreements with the Council. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies.

Article 78.

Function of Council.

The Council may suggest to contracting States concerned that they form joint organizations to operate air services on any routes or in any regions.

Article 79.

Participation in operating organizations.

A State may participate in joint operating organizations or in pooling arrangements, either through its government or through an airline company or companies designated by its government. The companies may, at the sole discretion of the State concerned, be state‑owned or partly state‑owned or privately owned.

PART IV.—FINAL PROVISIONS.

CHAPTER XVII—OTHER AERONAUTICAL AGREEMENTS AND ARRANGEMENTS.

Article 80.

Paris and Habana Conventions.

Each contracting State undertakes, immediately upon the coming into force of this Convention, to give notice of denunciation of the Convention relating to the Regulation of Aerial Navigation signed at Paris on October 13, 1919 or the Convention on Commercial Aviation signed at Habana on February 20, 1928, if it is a party to either. As between contracting States, this Convention supersedes the Conventions of Paris and Habana previously referred to.

Article 81.

Registration of existing agreements.

All aeronautical agreements which are in existence on the coming into force of this Convention, and which are between a contracting State and any other State or between an airline of a contracting state and any other State or the airline of any other State, shall be forthwith registered with the Council.

Article 82.

Abrogation of inconsistent arrangements.

The contracting States accept this Convention as abrogating all obligations and understandings between them which are inconsistent with its terms, and undertake not to enter into any such obligations and understandings. A contracting State which, before becoming a member of the Organization has undertaken any obligations toward a non‑contracting State or a national of a contracting State or of a non‑contracting State inconsistent with the terms of this Convention, shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can lawfully be taken after the coming into force of this Convention.

Article 83.

Registration of new arrangements.

Subject to the provisions of the preceding Article, any contracting State may make arrangements not inconsistent with the provisions of this Convention. Any such arrangement shall be forthwith registered with the Council, which shall make it public as soon as possible.

CHAPTER XVIII.—DISPUTES AND DEFAULT.

Article 84.

Settlement of disputes.

If any disagreement between two or more contracting States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council.

Article 85.

Arbitration procedure.

If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire. If either contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within thirty days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then jointly constitute an arbitral tribunal. Any arbitral tribunal established under this or the preceding Article shall settle its own procedure and give its decisions by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of the Council is excessive.

Article 86.

Appeals.

Unless the Council decides otherwise, any decision by the Council on whether an international airline is operating in conformity with the provisions of this Convention shall remain in effect unless reversed on appeal. On any other matter, decisions of the Council shall, if appealed from, be suspended until the appeal is decided. The decisions of the Permanent Court of International Justice and of an arbitral tribunal shall be final and binding.

Article 87.

Penalty for non‑conformity of airline.

Each contracting State undertakes not to allow the operation of an airline of a contracting State through the airspace above its territory if the Council has decided that the airline concerned is not conforming to a final decision rendered in accordance with the previous Article.

Article 88.

Penalty for non‑conformity by State.

The Assembly shall suspend the voting power in the Assembly and in the Council of any contracting State that is found in default under the provisions of this chapter.

CHAPTER XIX.—WAR.

Article 89.

War and Emergency conditions.

In case of war, the provisions of this Convention shall not affect the freedom of action of any of the contracting States affected, whether as belligerents or as neutrals. The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to the Council.

CHAPTER XX.—ANNEXES.

Article 90.

Adoption and amendment of Annexes.

(a) The adoption by the Council of the Annexes described in Article 54, subparagraph (1), shall require the vote of two‑thirds of the Council at a meeting called for that purpose and shall then be submitted by the Council to each contracting State. Any such Annex or any amendment of an Annex shall become effective within three months after its submission to the contracting States or at the end of such longer period of time as the Council may prescribe, unless in the meantime a majority of the contracting States register their disapproval with the Council.

(b) The Council shall immediately notify all contracting States of the coming into force of any Annex or amendment thereto.

CHAPTER XXI.—RATIFICATIONS, ADHERENCES, AMENDMENTS, AND DENUNCIATIONS.

Article 91.

Ratification of Convention.

(a) This Convention shall be subject to ratification by the signatory States. The instruments of ratification shall be deposited in the archives of the Government of the United States of America, which shall give notice of the date of the deposit to each of the signatory and adhering States.

(b) As soon as this Convention has been ratified or adhered to by twenty‑six States it shall come into force between them on the thirtieth day after deposit of the twenty‑sixth instrument. It shall come into force for each State ratifying thereafter on the thirtieth day after the deposit of its instrument of ratification.

(c) It shall be the duty of the Government of the United States of America to notify the government of each of the signatory and adhering States of the date on which this Convention comes into force.

Article 92.

Adherence to Convention.

(a) This Convention shall be open for adherence by members of the United Nations and States associated with them, and States which remained neutral during the present world conflict.

(b) Adherence shall be effected by a notification addressed to the Government of the United States of America and shall take effect as from the thirtieth day from the receipt of the notification by the Government of the United States of America, which shall notify all the contracting States.

Article 93.

Admission of other States.

States other than those provided for in Articles 91 and 92 (a) may, subject to approval by any general international organization set up by the nations of the world to preserve peace, be admitted to participation in this Convention by means of a four‑fifths vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admission shall be necessary.

Article 94.

Amendment of Convention.

(a) Any proposed amendment to this Convention must be approved by a two‑thirds vote of the Assembly and shall then come into force in respect of States which have ratified such amendment when ratified by the number of contracting States specified by the Assembly. The number so specified shall not be less than two‑thirds of the total number of contracting States.

(b) If in its opinion the amendment is of such a nature as to justify this course, the Assembly in its resolution recommending adoption may provide that any State which has not ratified within a specified period after the amendment has come into force shall thereupon cease to be a member of the Organization and a party to the Convention.

Article 95.

Denunciation of Convention.

(a) Any contracting State may give notice of denunciation of this Convention three years after its coming into effect by notification addressed to the Government of the United States of America, which shall at once inform each of the contracting States.

(b) Denunciation shall take effect one year from the date of the receipt of the notification and shall operate only as regards the State effecting the denunciation.

CHAPTER XXII.—DEFINITIONS.

Article 96.

For the purpose of this Convention the expression:

(a) “Air service” means any scheduled air service performed by aircraft for the public transport of passengers, mail or cargo.

(b) “International air service” means an air service which passes through the air space over the territory of more than one State.

(d) “Stop for non‑traffic purposes” means a landing for any purpose other than taking on or discharging passengers, cargo or mail.

SIGNATURE OF CONVENTION.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, having been duly authorized, sign this Convention on behalf of their respective governments on the dates appearing opposite their signatures.

DONE at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be open for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or adhere to this Convention.

Schedule 2—International Air Services Transit Agreement

Section 4

The States which sign and accept this International Air Services Transit Agreement, being members of the International Civil Aviation Organization, declare as follows:

ARTICLE I.

Section 1.

Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services:

(1) The privilege to fly across its territory without landing;

(2) The privilege to land for non‑traffic purposes.

The privileges of this section shall not be applicable with respect to airports utilized for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities.

Section 2.

The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim Agreement on International Civil Aviation and, when it comes into force, with the provisions of the Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944.

Section 3.

A contracting State granting to the airlines of another contracting State the privilege to stop for non‑traffic purposes may require such airlines to offer reasonable commercial service at the points at which such stops are made.

Such requirements shall not involve any discrimination between airlines operating on the same route, shall take into account the capacity of the aircraft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of a contracting State.

Section 4.

Each contracting State may, subject to the provisions of this Agreement,

(1) Designate the route to be followed within its territory by any international air service and the airports which any such service may use;

(2) Impose or permit to be imposed on any such service just and reasonable charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council of the International Civil Aviation Organization established under the abovementioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned.

Section 5.

Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement.

ARTICLE II.

Section 1.

A contracting State which deems that action by another contracting State under this Agreement is causing injustice or hardship to it, may request the Council to examine the situation. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. If thereafter a contracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above‑mentioned Organization that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two‑thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State.

Section 2.

If any disagreement between two or more contracting States relating to the interpretation or application of this Agreement cannot be settled by negotiation, the provisions of Chapter XVIII of the above‑mentioned Convention shall be applicable in the same manner as provided therein with reference to any disagreement relating to the interpretation or application of the above‑mentioned Convention.

ARTICLE III.

This Agreement shall remain in force as long as the above‑mentioned Convention; provided, however, that any contracting State, a party to the present Agreement, may denounce it on one year’s notice given by it to the Government of the United States of America, which shall at once inform all other contracting States of such notice and withdrawal.

ARTICLE IV.

Pending the coming into force of the above‑mentioned Convention, all references to it herein, other than those contained in Article II, Section 2, and Article V, shall be deemed to be references to the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944; and references to the International Civil Aviation Organization, the Assembly, and the Council shall be deemed to be references to the Provisional International Civil Aviation Organization, the Interim Assembly, and Interim Council, respectively.

ARTICLE V.

For the purposes of this Agreement, “territory” shall be defined as in Article 2 of the above‑mentioned Convention.

ARTICLE VI.

Signatures and Acceptances of Agreement.

The undersigned delegates to the International Civil Aviation Conference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement with the understanding that the Government of the United States of America shall be informed at the earliest possible date by each of the governments on whose behalf the Agreement has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligation binding upon it.

Any State a member of the International Civil Aviation Organization may accept the present Agreement as an obligation binding upon it by notification of its acceptance to the Government of the United States, and such acceptance shall become effective upon the date of the receipt of such notification by that Government.

This Agreement shall come into force as between contracting States upon its acceptance by each of them. Thereafter it shall become binding as to each other State indicating its acceptance to the Government of the United States on the date of the receipt of the acceptance by that Government. The Government of the United States shall inform all signatory and accepting States of the date of all acceptances of the Agreement, and of the date on which it comes into force for each accepting State.

IN WITNESS WHEREOF, the undersigned, having been duly authorized, sign this Agreement on behalf of their respective governments on the dates appearing opposite their respective signatures.

DONE at Chicago the seventh day of December, 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign and accept this Agreement.

Schedule 3—Protocol relating to an amendment to the Convention on International Civil Aviation

Section 4

The Assembly of the International Civil Aviation Organization,

Having met in its Eighth Session, at Montreal, on the first day of June, 1954, and

Having considered it desirable to amend the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944,

Approved, on the fourteenth day of June of the year one thousand nine hundred and fifty‑four, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

At the end of Article 45 of the Convention, the full stop shall be substituted by a comma, and the following shall be added, namely:

“and otherwise than temporarily by decision of the Assembly, such decision to be taken by the number of votes specified by the Assembly. The number of votes so specified will not be less than three‑fifths of the total number of contracting States.”,

Specified, pursuant to the provisions of the said Article 94 (a) of the said Convention, forty‑two as the number of contracting States upon whose ratifications the proposed amendment aforesaid shall come into force, and

Resolved that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment abovementioned and the matters hereinafter appearing.

Consequently, pursuant to the aforesaid action of the Assembly,

This Protocol shall be signed by the President of the Assembly and its Secretary General;

This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This Protocol shall come into force among the States which have ratified it on the date on which the forty‑second instrument of ratification is so deposited;

The Secretary General shall immediately notify all contracting States of the deposit of each ratification of this Protocol;

The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force;

With respect to any contracting State ratifying this Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

IN FAITH WHEREOF, the President and the Secretary General of the Eighth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the fourteenth day of June of the year one thousand nine hundred and fifty‑four in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944.

Schedule 4—Protocol relating to certain amendments to the Convention on International Civil Aviation

Section 4

The Assembly of the International Civil Aviation Organization,

Having met in its Eighth Session, at Montreal, on the first day of June, 1954, and

Having considered it desirable to amend the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944,

In Article 48 (a), substitute for the word “annually” the expression “not less than once in three years”;

In Article 49 (e), substitute for the expression “an annual budget” the expression “annual budgets”; and

In Article 61, substitute for the expressions “an annual budget” and “vote the budget” the expressions “annual budgets” and “vote the budgets”,

Specified, pursuant to the provisions of the said Article 94 (a) of the said Convention, forty‑two as the number of contracting States upon whose ratification the proposed amendments aforesaid shall come into force, and

Resolved that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendments abovementioned and the matters hereinafter appearing.

Consequently, pursuant to the aforesaid action of the Assembly,

This Protocol shall be signed by the President of the Assembly and its Secretary General;

This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This Protocol shall come into force among the States which have ratified it on the date on which the forty‑second instrument of ratification is so deposited;

The Secretary General shall immediately notify all contracting States of the deposit of each ratification of this Protocol;

The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force;

Schedule 5—Protocol relating to an amendment to the Convention on International Civil Aviation

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION,

HAVING MET in its Thirteenth (Extraordinary) Session, at Montreal, on the nineteenth day of June, 1961,

HAVING NOTED that it is the general desire of Contracting States to enlarge the membership of the Council,

HAVING CONSIDERED it proper to provide for six additional seats in the Council and, accordingly, to increase the membership from twenty‑one to twenty‑seven,

AND HAVING CONSIDERED it necessary to amend for the purpose aforesaid the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944,

APPROVED, on the twenty‑first day of June of the year one thousand nine hundred and sixty‑one, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

In Article 50 (a) of the Convention the expression “twenty‑one” shall be deleted and substituted by “twenty‑seven”,

SPECIFIED, pursuant to the provisions of the said Article 94(a) of the said Convention, fifty‑six as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

RESOLVED that the Secretary General of the International Civil Aviation Organization draw up a protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment abovementioned and the matter hereinafter appearing.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization;

This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This Protocol shall come into force in respect of the States which have ratified it on the date on which the fifty‑sixth instrument of ratification is so deposited;

The Secretary General shall immediately notify all contracting States of the date of deposit of each ratification of this Protocol;

The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force;

With respect to any contracting State ratifying this Protocol after the date aforesaid, the Protocol shall come into force upon a deposit of its instrument of ratification with the International Civil Aviation Organization.

IN FAITH WHEREOF, the President and Secretary General of the Thirteenth (Extraordinary) Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the twenty‑first day of June of the year one thousand nine hundred and sixty‑one in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944.

Schedule 6—Protocol relating to an amendment to the Convention on International Civil Aviation
Signed at Rome, on 15 September 1962

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION,

HAVING MET in its Fourteenth Session, at Rome, on the twenty‑first day of August, 1962,

HAVING NOTED that it is the general desire of contracting States that the minimum number of contracting States which may request the holding of an extraordinary meeting of the Assembly should be increased from the present figure of ten,

HAVING CONSIDERED it proper to increase the said number to one‑fifth of the total number of contracting States,

AND HAVING CONSIDERED it necessary to amend for the purpose aforesaid the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944,

APPROVED, on the fourteenth day of September of the year one thousand nine hundred and sixty‑two, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

In Article 48 (a) of the Convention, the second sentence be deleted and substituted by “An extraordinary meeting of the Assembly may be held at any time upon the call of the Council or at the request of not less than one‑fifth of the total number of contracting States addressed to the Secretary General.”

SPECIFIED, pursuant to the provisions of the said Article 94 (a) of the said Convention, sixty‑six as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization;

This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This Protocol shall come into force in respect of the States which have ratified it on the date on which the sixty‑sixth instrument of ratification is so deposited;

The Secretary General shall immediately notify all contracting States of the date of deposit of each ratification of this Protocol;

The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force;

With respect to any contracting State ratifying this protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

IN FAITH WHEREOF, the President and the Secretary General of the Fourteenth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Rome on the fifteenth day of September of the year one thousand nine hundred and sixty‑two in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation aforementioned.

Schedule 7—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at New York, on 12 March 1971

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in Extraordinary Session, at New York, on the eleventh day of March 1971,

HAVING NOTED that it is the general desire of contracting States to enlarge the membership of the Council,

HAVING CONSIDERED it proper to provide for three seats in the Council additional to the six seats which were provided for by the amendment adopted on the twenty‑first day of June 1961 to the Convention on International Civil Aviation (Chicago, 1944) and, accordingly, to increase the membership of the Council to thirty,

AND HAVING CONSIDERED it necessary to amend for the purpose aforesaid the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

APPROVED, on the twelfth day of March 1971, in accordance with the provisions of paragraph (a) of Article 94 of the Convention aforesaid, the following proposed amendment to the said Convention:

In paragraph (a) of Article 50 of the Convention, the second sentence shall be deleted and replaced by:

“It shall be composed of thirty contracting States elected by the Assembly.”

SPECIFIED, pursuant to the provisions of paragraph (a) of Article 94 of the said Convention, eighty as the number of contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

RESOLVED that the Secretary General of the International Civil Aviation Organization draw up a Protocol in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above mentioned and the matters hereinafter appearing.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization;

This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This Protocol shall come into force, in respect of the States which have ratified it, on the date on which the eightieth instrument of ratification is so deposited;

The Secretary General shall immediately notify all contracting States of the date of deposit of each ratification of this Protocol;

The Secretary General shall immediately notify all States parties to the said Convention of the date on which this Protocol comes into force;

IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Extraordinary Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, signed this Protocol.

DONE at New York on the twelfth day of March of the year one thousand nine hundred and seventy‑one, in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

Schedule 8—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at Vienna, on 7 July 1971

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Eighteenth Session, at Vienna, on the fifth day of July 1971,

HAVING NOTED that it is the general desire of Contracting States to enlarge the membership of the Air Navigation Commission,

HAVING CONSIDERED it proper to increase the membership of that body from twelve to fifteen, and

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

(1) APPROVED, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

“In Article 56 of the Convention the expression ‘twelve members’ shall be replaced by ‘fifteen members’,”

(2) SPECIFIED, pursuant to the provisions of the said Article 94 (a) of the said Convention, eighty as the number of Contracting States upon whose ratification the aforesaid amendment shall come into force, and

(3) RESOLVED that the Secretary General of the International Civil Aviation Organization shall draw up a Protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the amendment above‑mentioned and the matters hereinafter appearing:

(a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

(b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization;

This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This Protocol shall come into force, in respect of the States which have ratified it, on the date on which the eightieth instrument of ratification is so deposited;

The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of this Protocol;

The Secretary General shall immediately notify all States parties to the said Convention of the date on which this Protocol comes into force;

With respect to any Contracting State ratifying this Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

IN WITNESS WHEREOF, the President and the Secretary General of the Eighteenth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Vienna on the seventh day of July of the year one thousand nine hundred and seventy‑one, in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

Schedule 9—Protocol relating to an amendment to Article 50 (a) of the Convention on International Civil Aviation Signed at Montreal, on 16 October 1974

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Twenty‑first Session, at Montreal on 14 October 1974,

HAVING NOTED that it is the general desire of contracting States to enlarge the membership of the Council,

HAVING CONSIDERED it proper to provide for three additional seats in the Council, and accordingly to increase the membership from thirty to thirty‑three, in order to permit an increase in the representation of States elected in the second, and particularly the third, part of the election, and

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

(1) APPROVED, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

In Article 50 (a) of the Convention the second sentence shall be amended by replacing “thirty” by “thirty‑three”.

(2) SPECIFIED, pursuant to the provisions of the said Article 94 (a) of the said Convention, eighty‑six as the number of contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

(3) RESOLVED that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above‑mentioned and the matter hereinafter appearing:

(a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

(b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.

(d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the eighty‑sixth instrument of ratification is so deposited.

(e) The Secretary General shall immediately notify all contracting States of the date of deposit of each ratification of the Protocol.

(f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force.

(g) With respect to any contracting State ratifying the Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization;

IN WITNESS WHEREOF, the President and the Secretary General of the Twenty‑first Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the sixteenth day of October of the year one thousand nine hundred and seventy‑four, in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to the States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

Schedule 9A—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 6 October 1980

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Twenty‑third Session at Montreal on 6 October 1980,

HAVING NOTED Resolutions A21‑22 and A22‑28 on lease, charter and interchange of aircraft in international operations,

HAVING NOTED the draft amendment to the Convention on International Civil Aviation prepared by the 23rd Session of the Legal Committee,

HAVING NOTED that it is the general desire of Contracting States to make a provision for the transfer of certain functions and duties from the State of registry to the State of the operator of the aircraft in the case of lease, charter or interchange or any similar arrangements with respect to such aircraft,

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

1. APPROVES, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed amendment to the said Convention:

Insert after Article 83 the following new Article 83 bis:

“Article 83 bis

Transfer of certain functions and duties

(a) Notwithstanding the provisions of Articles 12, 30, 31 and 32(a), when an aircraft registered in a contracting State is operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business or, if he has no such place of business, his permanent residence in another contracting State, the State of registry may, by agreement with such other State, transfer to it all or part of its functions and duties as State of registry in respect of that aircraft under Articles 12, 30, 31 and 32(a). The State of registry shall be relieved of responsibility in respect of the functions and duties transferred.

(b) The transfer shall not have effect in respect of other contracting States before either the agreement between States in which it is embodied has been registered with the Council and made public pursuant to Article 83 or the existence and scope of the agreement have been directly communicated to the authorities of the other contracting State or States concerned by a State party to the agreement.

(c) The provisions of paragraphs (a) and (b) above shall also be applicable to cases covered by Article 77.”,

2. SPECIFIES, pursuant to the provisions of the said Article 94(a) of the said Convention, ninety‑eight as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

3. RESOLVES that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above‑mentioned and the matter hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The protocol shall come into force in respect of the States which have ratified it on the date on which the ninety‑eighth instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of the Protocol.

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force.

g) With respect to any Contracting State ratifying the Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty‑third Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the sixth day of October of the year one thousand nine hundred and eighty, in a single document in the English, French, Russian, and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

Schedule 10—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 10 May 1984

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Twenty‑fifth Session (Extraordinary) at Montreal on 10 May 1984,

HAVING NOTED that international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to general security,

HAVING NOTED that it is desirable to avoid friction and to promote that co‑operation between nations and peoples upon which the peace of the world depends,

HAVING NOTED that it is necessary that international civil aviation may be developed in a safe and orderly manner,

HAVING NOTED that in keeping with elementary considerations of humanity the safety and the lives of persons on board civil aircraft must be assured,

HAVING NOTED that in the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944 the contracting States

—recognize that every State has complete and exclusive sovereignty over the airspace above its territory,

—undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft, and

—agree not to use civil aviation for any purpose inconsistent with the aims of the Convention,

HAVING NOTED the resolve of the contracting States to take appropriate measures designed to prevent the violation of other States’ airspace and the use of civil aviation for purposes inconsistent with the aims of the Convention and to enhance further the safety of international civil aviation,

HAVING NOTED the general desire of contracting States to reaffirm the principle of non‑use of weapons against civil aircraft in flight,

1. DECIDES that it is desirable therefore to amend the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

2. APPROVES, in accordance with the provision of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

Insert, after Article 3, a new Article 3 bis:

“Article 3 bis

(a) The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered. This provision shall not be interpreted as modifying in any way the rights and obligations of States set forth in the Charter of the United Nations.

(b) The contracting States recognize that every State, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority or if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this Convention; it may also give such aircraft any other instructions to put an end to such violations. For this purpose, the contracting States may resort to any appropriate means consistent with relevant rules of international law, including the relevant provisions of this Convention, specifically paragraph (a) of this Article. Each contracting State agrees to publish its regulations in force regarding the interception of civil aircraft.

(c) Every civil aircraft shall comply with an order given in conformity with paragraph (b) of this Article. To this end each contracting State shall establish all necessary provisions in its national laws or regulations to make such compliance mandatory for any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State. Each contracting State shall make any violation of such applicable laws or regulations punishable by severe penalties and shall submit the case to its competent authorities in accordance with its laws or regulations.

(d) Each contracting State shall take appropriate measures to prohibit the deliberate use of any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State for any purpose inconsistent with the aims of this Convention. This provision shall not affect paragraph (a) or derogate from paragraphs (b) and (c) of this Article.”,

3. SPECIFIES, pursuant to the provision of the said Article 94 (a) of the said Convention, one hundred and two as the number of contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

4. RESOLVES that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above‑mentioned and the matter hereinafter appearing:

(a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

(b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.

(d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the one hundred and second instrument of ratification is so deposited.

(e) The Secretary General shall immediately notify all contracting States of the date of deposit of each ratification of the Protocol.

(f) The Secretary General shall notify all States parties to the said Convention of the date on which the Protocol comes into force.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty‑fifth Session (Extraordinary) of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the 10th day of May of the year one thousand nine hundred and eighty‑four, in a single document in the English, French, Russian and Spanish languages, each text being equally authentic. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

Schedule 11—Protocol relating to an amendment to Article 56 of the Convention on International Civil Aviation Signed at Montreal on 6 October 1989

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Twenty‑seventh Session at Montreal on 6 October 1989,

HAVING NOTED that it is the general desire of Contracting States to enlarge the membership of the Air Navigation Commission,

HAVING CONSIDERED it proper to increase the membership of that body from fifteen to nineteen, and

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

1. APPROVES, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed amendment to the said Convention:

“In Article 56 of the Convention the expression ‘fifteen members’ shall be replaced by ‘nineteen members’.”

2. SPECIFIES, pursuant to the provisions of the said Article 94(a) of the said Convention, one hundred and eight as the number of Contracting States upon whose ratification the aforesaid amendment shall come into force; and

3. RESOLVES that the Secretary General of the International Civil Aviation Organization shall draw up a Protocol, in the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the amendment above‑mentioned and the matters hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The Protocol shall come into force in respect of the States that have ratified it on the date on which the one hundred and eighth instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of the Protocol.

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty‑seventh Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the sixth day of October of the year one thousand nine hundred and eighty‑nine, in a single document in the English, French, Russian and Spanish languages, each text being equally authentic. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

Schedule 12—Protocol relating to an amendment to Article 50 (a) of the Convention on International Civil Aviation Signed at Montreal on 26 October 1990

Section 4

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Twenty‑eighth Session (Extraordinary) at Montreal on 25 October 1990;

HAVING NOTED that it is the desire of a large number of Contracting States to enlarge the membership of the Council in order to ensure better balance by means of an increased representation of Contracting States;

HAVING CONSIDERED it appropriate to increase the membership of that body from thirty‑three to thirty‑six;

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944;

1. APPROVES, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

“In Article 50 (a) of the Convention the second sentence shall be amended by replacing ‘thirty‑three’ by ‘thirty‑six’.”;

2. SPECIFIES, pursuant to the provisions of the said Article 94 (a) of the said Convention, one hundred and eight as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force;

3. RESOLVES that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the amendment above‑mentioned and the matter hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the one hundred and eighth instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of the Protocol.

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty‑eighth Session (Extraordinary) of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the twenty‑sixth day of October of the year one thousand nine hundred and ninety, in a single document in the English, French, Russian and Spanish languages, each text being equally authentic. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Air Navigation Act 1920	50, 1920	2 Dec 1920	(a)
Air Navigation Act 1936	93, 1936	7 Dec 1936	7 Dec 1936	—
Air Navigation Act 1947	6, 1947	2 Apr 1947	30 Apr 1947	S. 6
Air Navigation Act (No. 2) 1947	89, 1947	11 Dec 1947	11 Dec 1947	S. 4
Statute Law Revision Act 1950	80, 1950	16 Dec 1950	31 Dec 1950	Ss. 16 and 17
Air Navigation Act 1960	39, 1960	10 June 1960	19 Aug 1960 (see Gazette 1960, p. 2903)	S. 6
Air Navigation Act 1961	72, 1961	27 Oct 1961	24 Nov 1961	—
Air Navigation Act 1963	8, 1963	20 May 1963	17 June 1963	—
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	1 Dec 1966	—
Air Navigation Act 1971	79, 1971	7 Oct 1971	4 Nov 1971	—
Air Navigation Act 1973	130, 1973	13 Nov 1973	13 Nov 1973	—
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Air Navigation Act 1974	124, 1974	3 Dec 1974	Ss. 4, 5, 6(1) and 10: 1 Apr 1976 (see Gazette 1976, No. S55) Ss. 7, 9, 12(1) and 13: 1 Mar 1975 (see Gazette 1975, No. S36) Remainder: Royal Assent	Ss. 9‑11
Air Navigation Amendment Act 1977	91, 1977	12 Sept 1977	12 Sept 1977	—
Jurisdiction of Courts (Miscellaneous Amendments) Act 1979	19, 1979	28 Mar 1979	Parts II‑XVII (ss. 3‑123): 15 May 1979 (see Gazette 1979, No. S86) Remainder: Royal Assent	S. 124
Air Navigation Amendment Act 1980	27, 1980	8 May 1980	1 June 1980 (see Gazette 1980, No. G21, p. 3)	—
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982	80, 1982	22 Sept 1982	Part LXXVII (s. 280): Royal Assent (b)	S. 280(2) and (3)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983	39, 1983	20 June 1983	S. 3: 18 July 1983 (c)	S. 7(1)
Air Navigation Amendment Act 1984	69, 1984	25 June 1984	25 June 1984	—
Air Navigation Amendment Act (No. 2) 1984	108, 1984	17 Oct 1984	14 Nov 1984	—
Air Navigation Amendment Act 1986	69, 1986	24 June 1986	Ss. 5‑7: 5 Aug 1986 (see Gazette 1986, No. S364) Remainder: Royal Assent	—
Civil Aviation Act 1988	63, 1988	15 June 1988	Part III (ss. 17‑32), s. 98, Parts IX and X (ss. 99‑103): 1 July 1988 (see Gazette 1988, No. S189) Remainder: Royal Assent	Ss. 100, 102(1) and 103
as amended by
Transport Legislation Amendment Act 1989	6, 1989	16 Mar 1989	S. 8: 15 June 1988 (d)	—
Air Navigation Amendment Act 1989	45, 1989	8 June 1989	8 June 1989	—
Transport and Communications Legislation Amendment Act (No. 2) 1989	23, 1990	17 Jan 1990	Part 2 (ss. 3‑5): Royal Assent (e)	—
Transport and Communications Legislation Amendment Act 1990	11, 1991	21 Jan 1991	S. 4(1): 1 July 1988 (f)	S. 4(2)
Transport and Communications Legislation Amendment Act (No. 2) 1992	71, 1992	26 June 1992	Part 2 (ss. 3‑6): Royal Assent (g)	—
Transport and Communications Legislation Amendment Act 1992	82, 1992	30 June 1992	Ss. 3, 4, 5(1) and 8‑15: Royal Assent (h) Ss. 5(2), 6 and 7: 30 Dec 1992 (h)	—
Transport and Communications Legislation Amendment Act (No. 2) 1993	5, 1994	18 Jan 1994	Schedule (items 1‑3): 2 Oct 1997 (see Gazette 1997, No. S387) (i)	—
Transport and Communications Legislation Amendment Act 1994	64, 1994	30 May 1994	S. 3(1): Royal Assent (j)	—
Qantas Sale Amendment Act 1994	168, 1994	16 Dec 1994	S. 3: Royal Assent (k)	—
Civil Aviation Legislation Amendment Act 1995	82, 1995	30 June 1995	S. 5: 6 July 1995 (see Gazette 1995, No. S270) (l)	—
Transport Legislation Amendment Act (No. 2) 1995	89, 1995	20 July 1995	Schedule (Part 1 [items 1‑22, 24, 25]): 16 Nov 1995 (see Gazette 1995, No. S435) (m) Schedule (Part 1 [item 23]): Royal Assent (m)	—
as amended by
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 3 (item 127): 20 July 1995 (n)	—
Transport Legislation Amendment Act 1995	95, 1995	27 July 1995	S. 3 (Part A [items 1‑4]): Royal Assent (o)	—
Transport Legislation Amendment Act (No. 3) 1995	174, 1995	16 Dec 1995	S. 4: 1 July 1995 Remainder: Royal Assent	—
Aviation Legislation Amendment Act (No. 1) 1997	30, 1997	17 Apr 1997	17 Apr 1997	—
Aviation Legislation Amendment Act (No. 1) 1998	95, 1998	23 July 1998	Schedule 1 (items 1‑8, 12‑41): 4 June 1999 (see Gazette 1999, No. S233) (p) Schedule 1 (items 9‑11): Royal Assent (p)	—
Corporate Law Economic Reform Program Act 1999	156, 1999	24 Nov 1999	Schedule 5 (item 1): 13 Mar 2000 (see Gazette 2000, No. S114) (q)	—
Aviation Legislation Amendment Act (No. 1) 2000	48, 2000	3 May 2000	Schedule 1: Royal Assent (r)	—
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	Ss. 4‑14 and Schedule 3 (items 19‑21): 15 July 2001 (see Gazette 2001, No. S285) (s)	Ss. 4‑14

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Heading to Part 1....................	ad. No. 89, 1995
S. 2 ........................................	rs. No. 39, 1960
	am. No. 216, 1973
S. 2A .....................................	ad. No. 39, 1960
	am. No. 124, 1974; No. 91, 1977
	rs. No. 27, 1980
S. 2B ......................................	ad. No. 124, 1974
S. 3 ........................................	am. No. 6, 1947; No. 80, 1950
	rs. No. 39, 1960
	am. Nos. 130 and 216, 1973; No. 124, 1974; No. 27, 1980; No. 80, 1982; No. 39, 1983; No. 63, 1988; No. 23, 1990; No. 89,1995 (as am. by No. 43, 1996); No. 30, 1997; No. 95, 1998; No. 48, 2000
Ss. 3AA‑3AC.........................	ad. No. 89, 1995
S. 3AD....................................	ad. No. 89, 1995
	am. No. 95, 1998
Ss. 3AE‑3AF..........................	ad. No. 89, 1995
Heading to Part 2 ...................	ad. No. 89, 1995
S. 3A .....................................	ad. No. 6, 1947
	am. No. 39, 1960; No. 72, 1961; No. 8, 1963; No. 79, 1971; No. 130, 1973; No. 91, 1977; No. 27, 1980; No. 69, 1986; No. 71, 1992; No. 5, 1994
S. 4 ........................................	am. No. 93, 1936; No. 6, 1947
	rep. No. 6, 1947
	ad. No. 39, 1960
	am. No. 72, 1961; No. 8, 1963; No. 79, 1971; No. 130, 1973; No. 91, 1977; No. 27, 1980; No. 69, 1986; No. 71, 1992; No. 5, 1994
S. 5 ........................................	ad. No. 6, 1947
	rs. No. 89, 1947; No. 39, 1960
	am. No. 130, 1973
S. 6 ........................................	ad. No. 39, 1960
	rep. No. 79, 1971
S. 7.........................................	ad. No. 39, 1960
	rep. No. 63, 1988
S. 8 ........................................	ad. No. 39, 1960
	am. No. 124, 1974
	rep. No. 63, 1988
S. 9.........................................	ad. No. 39, 1960
	am. No. 124, 1974; No. 27, 1980; No. 89, 1995
S. 10.......................................	ad. No. 39, 1960
	am. No. 27, 1980; No. 82, 1992; No. 89, 1995
S. 11.......................................	ad. No. 39, 1960
	am. No. 27, 1980; No. 89, 1995
S. 11A ...................................	ad. No. 64, 1994
	am. No. 168, 1994; No. 95, 1995; No. 95, 1998; No. 156, 1999; No. 48, 2000; No. 55, 2001
S. 11B ....................................	ad. No. 64, 1994
	am. No. 48, 2000
S. 12.......................................	ad. No. 39, 1960
	am. No. 124, 1974; No. 82, 1992; No. 89, 1995
S. 13.......................................	ad. No. 39, 1960
	am. No. 108, 1984; No. 63, 1988; No. 45, 1989; No. 82, 1992
S. 13A ...................................	ad. No. 82, 1992
	am. No. 89, 1995
	rep. No. 30, 1997
S. 14.......................................	ad. No. 39, 1960
	am. No. 130, 1973; No. 124, 1974; No. 27, 1980; No. 63, 1988; No. 82, 1992; No. 89, 1995
	rs. No. 30, 1997
S. 15.......................................	ad. No. 39, 1960
	am. No. 27, 1980; No. 63, 1988; No. 82, 1992; No. 89, 1995
	rs. No. 30, 1997
Ss. 15A‑15F ..........................	ad. No. 30, 1997
S. 16.......................................	ad. No. 39, 1960
	am. No. 216, 1973; No. 124, 1974; No. 91, 1977
	rs. No. 82, 1992
S. 17.......................................	ad. No. 39, 1960
	am. No. 130, 1973; No. 124, 1974; No. 27, 1980; No. 63, 1988; No. 82, 1992; No. 89, 1995; No. 30, 1997
S. 18.......................................	ad. No. 39, 1960
	am. No. 124, 1974
	rep. No. 63, 1988
	ad. No. 82, 1992
	am. No. 82, 1995; No. 30, 1997
S. 19.......................................	ad. No. 39, 1960
	am. No. 82, 1992; No. 89, 1995
Part 2 ................................... (ss. 19AA‑19AG, 19BA‑19BC, 19CA‑19CU, 19DA‑19DF, 19EA‑19EE, 19FA‑19FH, 19FJ‑19FM, 19GA‑19GE, 19HA‑19HR)	ad. No. 174, 1995
Ss. 19AA‑19AG, 19BA‑19BC, .... 19CA‑19CU, 19DA‑19DF, 19EA‑19EE, 19FA‑19FH, 19FJ‑19FM, 19GA‑19GE, 19HA‑19HR	ad. No. 174, 1995
Part 3 ................................... (ss. 20‑22, 22A‑22Z, 22ZA‑22ZW)	ad. No. 89, 1995
S. 20.......................................	ad. No. 39, 1960
	am. No. 130, 1973; No. 124, 1974; No. 91, 1977; No. 27, 1980; No. 80, 1982
	rep. No. 63, 1988
	ad. No. 89, 1995
	am. No. 95, 1998
S. 20A....................................	ad. No. 95, 1998
S. 21.......................................	ad. No. 39, 1960
	am. Nos. 130 and 216, 1973; No. 124, 1974; No. 91, 1977; No. 27, 1980
	rep. No. 63, 1988
	ad. No. 89, 1995
	rs. No. 95, 1998
S. 21A ...................................	ad. No. 69, 1986
	rep. No. 63, 1988
	ad. No. 95, 1998
Ss. 21B, 21C..........................	ad. No. 95, 1998
S. 22.......................................	ad. No. 39, 1960
	am. No. 93, 1966; No. 124, 1974; No. 27, 1980; No. 39, 1983; No. 69, 1986; No. 63, 1988
	rep. No. 82, 1992
	ad. No. 89, 1995
Ss. 22A, 22B..........................	ad. No. 89, 1995
	am. No. 95, 1998
Ss. 22C‑22Z, 22ZA‑22ZV......	ad. No. 89, 1995
S. 22ZW ................................	ad. No. 89, 1995
	rep. No. 30, 1997
Heading to Part 4 ...................	ad. No. 89, 1995
S. 23A ...................................	ad. No. 30, 1997
	am. No. 95, 1998
S. 23.......................................	ad. No. 39, 1960
	am. No. 69, 1986; No. 89, 1995
S. 24.......................................	ad. No. 39, 1960
	am. No. 124, 1974; No. 91, 1977; No. 27, 1980
S. 24A ...................................	ad. No. 89, 1995
S. 25.......................................	ad. No. 39, 1960
	am. No. 216, 1973
	rep. No. 19, 1979
S. 26.......................................	ad. No. 39, 1960
	am. No. 93, 1966; Nos. 130 and 216, 1973; No. 124, 1974; No. 27, 1980; No. 39, 1983; No. 63, 1988 (as am. by No. 6, 1989); No. 23, 1990; No. 11, 1991; No. 82, 1992; No. 48, 2000
S. 27.......................................	ad. No. 39, 1960
	rs. No. 89, 1995
	am. No. 30, 1997
S. 27A ...................................	ad. No. 69, 1984
	rep. No. 174, 1995
	ad. No. 30, 1997
S. 28.......................................	ad. No. 39, 1960
	am. Nos. 130 and 216, 1973; No. 27, 1980
	rep. No. 63, 1988
	ad. No. 89, 1995
S. 29.......................................	ad. No. 39, 1960
	am. Nos. 130 and 216, 1973
	rs. No. 39, 1983
	am. No. 89, 1995
S. 30.......................................	ad. No. 39, 1960
	am. No. 27, 1980
S. 31.......................................	ad. No. 39, 1960
	am. No. 124, 1974; No. 89, 1995
Heading to the Schedules .....	ad. No. 39, 1960
	rep. No. 27, 1980
Heading to First Schedule......	rep. No. 27, 1980
Heading to Schedule 1 ..........	ad. No. 27, 1980
First Schedule .......................	ad. No. 39, 1960
Heading to Second Schedule	rep. No. 27, 1980
Heading to Schedule 2 ..........	ad. No. 27, 1980
Second Schedule ..................	ad. No. 39, 1960
Heading to Third Schedule ....	rep. No. 27, 1980
Heading to Schedule 3 ..........	ad. No. 27, 1980
Third Schedule ......................	ad. No. 39, 1960
Heading to Fourth Schedule ..	rep. No. 27, 1980
Heading to Schedule 4 ..........	ad. No. 27, 1980
Fourth Schedule ....................	ad. No. 39, 1960
Heading to Fifth Schedule .....	rep. No. 27, 1980
Heading to Schedule 5 ..........	ad. No. 27, 1980
Fifth Schedule .......................	ad. No. 72, 1961
Heading to Sixth Schedule ....	rep. No. 27, 1980
Heading to Schedule 6 ..........	ad. No. 27, 1980
Sixth Schedule ......................	ad. No. 8, 1963
Heading to Seventh Schedule	rep. No. 27, 1980
Heading to Schedule 7 ..........	ad. No. 27, 1980
Seventh Schedule .................	ad. No. 79, 1971
Heading to Eighth Schedule ...	rep. No. 27, 1980
Heading to Schedule 8 ..........	ad. No. 27, 1980
Eighth Schedule .....................	ad. No. 130, 1973
Heading to Ninth Schedule ....	rep. No. 27, 1980
Heading to Schedule 9 ..........	ad. No. 27, 1980
Ninth Schedule ......................	ad. No. 91, 1977
Schedule 9A ..........................	ad. No. 5, 1994
Schedule 10 ..........................	ad. No. 69, 1986
Schedules 11, 12 ..................	ad. No. 71, 1992