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.
2
Extension to Territories
This Act extends to every Territory.
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.
Australian aircraft means Australian aircraft
within the meaning of the Civil Aviation Act 1988.
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
(c) the air space over any such
territory or sea.
carriage means carriage anywhere on board an
aircraft.
Contracting State means a country, other than
Australia, that is a party to the Chicago Convention.
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.
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).
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 granted 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.
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); and
(b) aircraft used in the military,
customs or police services of a country other than Australia.
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.
(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.
3AG
Application of the Criminal Code
Chapter 2 (other than Part 2.5)
of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code
sets out the general principles of criminal responsibility.
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 flown in contravention
of subsection (1), the operator of the aircraft and the pilot in command
of the aircraft 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 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.
(3) Subsection (2) does not apply if the
operator or the pilot in command, as the case may be, has a reasonable excuse.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal
Code).
11
Freedoms of the air
Subject to section 12, a scheduled
international air service operated 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.
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
(c) for whose international relations
a foreign country is responsible.
Australian citizen has the same meaning as in
the Australian Citizenship Act 2007.
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
(c) a person who is a nominee of the
Commonwealth or of 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
(c) an air transport enterprise
offering or operating an air service solely within Australian territory.
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 Requirement
to hold international airline licence
(1) Subject to subsections (2) and (3),
an international airline must not operate a scheduled international air service
over, into or out of Australian territory except in accordance with an
international airline licence granted by the Secretary in accordance with the
regulations.
(1A) If an international airline contravenes
subsection (1), the airline commits an offence punishable on conviction by
imprisonment for a period of not more than 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. 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.
(1AA) Subsection (1A) does not apply if the international
airline has a reasonable excuse.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (1AA) (see subsection 13.3(3) of the Criminal
Code).
(2) Subsection (1) does not apply to a
scheduled international air service if it is operated in accordance with a
permission under section 15D.
(3) The Secretary may, by legislative
instrument, determine that subsection (1) does not apply in relation to a
category of scheduled international air services. The determination has effect
accordingly.
(4) For the purposes of this section:
(a) an international airline may
operate a scheduled international air service even if it does not operate the
aircraft used to operate the service; and
(b) an international airline does not
operate a scheduled international air service merely because it operates the
aircraft used to operate the service.
13
Licensing of scheduled international air services
(1) Without limiting section 26, the
regulations may provide for or in relation to the licensing of scheduled
international air services operated over, into or out of Australian territory.
(2) In particular, the regulations may
provide for or in relation to the following:
(a) the granting of international
airline licences by the Secretary;
(b) the imposition of conditions on
international airline licences by the Secretary;
(c) the variation, suspension and
cancellation of international airline licences by the Secretary;
(d) the surrender to the Secretary of
international airline licences.
(3) An international airline licence must not
be granted to an international airline of a country other than Australia unless that country and Australia are parties to:
(a) the Air Transit Agreement; or
(b) 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.
(4) Subsection (3) does not limit
subsection 12(3).
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) The operator of an aircraft and the pilot
in command of the aircraft commit an offence if:
(a) any person engages in conduct; and
(b) the person’s conduct results in
the aircraft taking on passengers, cargo or mail for carriage for reward in
Australian territory before beginning a non‑scheduled flight or at an
intermediate stopping place in the course of such a flight.
Penalty: Imprisonment for 6 months.
(1A) Subsection (1) does not apply if a
permission for the carriage of the passengers, cargo or mail is in force and
the carriage is in accordance with the permission.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
(2) The operator of an aircraft and the pilot
in command of the aircraft commit an offence if:
(a) any person engages in conduct; and
(b) the person’s conduct results in
the aircraft discharging passengers, cargo or mail carried for reward in
Australian territory at an intermediate stopping place in the course of a non‑scheduled
flight or at the end of such a flight.
Penalty: Imprisonment for 6 months.
(2A) Subsection (2) does not apply if a
permission for the carriage of the passengers, cargo or mail was in force and
the carriage was in accordance with the permission.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal
Code).
(2B) Subsections (1) and (2) do not apply
if the operator or the pilot, as the case may be, has a reasonable excuse.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal
Code).
(2C) Strict liability applies to paragraphs (1)(b)
and (2)(b).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) The Secretary may 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.
(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 legislative instrument, but Part 6 of the Legislative Instruments
Act 2003 does not apply to the determination.
(9) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
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
(c) contain the information referred
to in section 15C; 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
(c) may be subject to any conditions
stated in the permission that the Secretary thinks appropriate.
(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;
(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;
(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
(c) immigration; and
(d) passports; and
(e) customs; and
(f) quarantine.
17
Aircraft on international flights to have permission
(1) The operator of an aircraft and the pilot
in command of the aircraft commit an offence if:
(a) any person engages in conduct; and
(b) the person’s conduct results in
the aircraft arriving in Australian territory from a place outside Australian
territory or departing from Australian territory for a place outside Australian
territory.
Penalty: Imprisonment for 6 months.
(1A) Subsection (1) is subject to this
section and section 14.
(1AA) Subsection (1) does not apply if the
arrival or departure concerned is:
(a) with the permission of the
Secretary; or
(b) in accordance with an
international airline licence or a permission under section 15D; or
(c) authorised by a determination by
the Secretary under subsection (1B).
Note: A defendant bears an evidential burden in
relation to the matters in subsection (1AA) (see subsection 13.3(3) of the
Criminal Code).
(1AB) Subsection (1) does not apply if the
operator or the pilot, as the case may be, has a reasonable excuse.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (1AB) (see subsection 13.3(3) of the Criminal
Code).
(1AC) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(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.
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
18
Publication of determinations
The Secretary must cause any
determinations made under subsection 12(3), 15A(3) or 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) If:
(a) a person does an act; and
(b) the act is not done in
circumstances prescribed by regulations that state they are made for the
purposes of this paragraph; and
(c) the act results in munitions of
war or implements of war being carried by or in:
(i) an aircraft in
Australian territory; or
(ii) an Australian aircraft
outside Australian territory;
the person is guilty of an offence punishable, on
conviction, by imprisonment for a term not exceeding 7 years.
(2) Subsection (1) does not apply if the
munitions of war or implements of war are carried in accordance with written
permission (including any conditions) given by the Minister.
Note: A defendant bears an evidential burden in
relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
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:
(aa) to do any of the following under
the regulations:
(i) refuse to grant an
international airline licence;
(ii) impose a condition on
an international airline licence;
(iii) vary, refuse to vary,
suspend or cancel an international airline licence; or
(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
(c) to refuse an application under
subsection 15E(4); or
(d) to vary, suspend or cancel a
permission under subsection 15F(1); or
(e) to refuse a permission under
subsection 17(1).
(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) an offence created by section 6
of the Crimes Act 1914 that relates to this Act; and
(b) an offence against section 11.1,
11.4 or 11.5 of the Criminal Code 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;
(c) in relation to air navigation
within a Territory or to or from a Territory;
(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:
(c) the licensing of air transport
operations;
(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;
(c) passengers
on board, and members of the crew of, aircraft referred to in paragraph (a)
or (b);
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
(c) is operated by an airline having
its principal place of business 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
(c) for whose international relations
a foreign country is responsible.
(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.
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;
(c) The
appropriate licences for each member of the crew;
(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;
(c) Rules
of the air and air traffic control practices;
(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;
(c) Encourage
the development of airways, airports, and air navigation facilities for
international civil aviation;
(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
(c) Carry
out on behalf of the Council the functions which the Council assigns to him.
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;
(c) Determine
its organization and rules of procedure;
(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.
(c) “Airline”
means any air transport enterprise offering or operating an international air
service.
(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,
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 amendments to the said Convention:
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;
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 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
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.
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;
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 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.
(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 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.
(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 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.
(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‑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.
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‑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.
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‑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.