Air Navigation Amendment Act 1986

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AIR NAVIGATION AMENDMENT ACT 1986 No. 69, 1986
AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - LONG TITLE
An Act to amend the Air Navigation Act 1920 AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 1 Short title, &c.
(Assented to 24 June 1986) 1. (1) This Act may be cited as the Air Navigation Amendment Act 1986. (2) The Air Navigation Act 1920*1* is in this Act referred to as the Principal Act.
(Minister's second reading speech made in - House of Representatives on 12 March 1986 Senate on 20 March 1986) *1*No. 50, 1920, as amended. For previous amendments, see No. 93, 1936; Nos. 6 and 89, 1947; No. 80, 1950; No. 39, 1960; No. 72, 1961; No. 8, 1963; No. 93, 1966; No. 79, 1971; Nos. 130 and 216, 1973; No. 124, 1974; No. 37, 1976; No. 91, 1977; No. 19, 1979; No. 27, 1980; No. 80, 1982; No. 39, 1983; and Nos. 69 and 108, 1984. AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 2 Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent. (2) Sections 5, 6 and 7 shall come into operation on a day to be fixed by Proclamation.
AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 3 Approval of ratification of Chicago Convention, &c.
3. Section 3A of the Principal Act is amended - (a) by omitting from paragraph (2)(g) "and"; and (b) by adding at the end of sub-section (2) the following word and paragraph: "; 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.". AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 4 Texts of Chicago Convention, &c.
4. Section 4 of the Principal Act is amended by omitting "and 9" and substituting ", 9 and 10".
AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 5
5. After section 21 of the Principal Act the following section is inserted:
Interception, &c., of aircraft "21A.(1) This section applies to - (a) an Australian aircraft; or (b) an aircraft that is not an Australian aircraft (including an aircraft that is not registered in Australia or in a foreign country) but is, at the relevant time, being operated by an Australian operator. "(2) The pilot in command of an aircraft to which this section applies that is in flight over the territory of a foreign country shall not operate the aircraft for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country.
Penalty: $5,000 or imprisonment for 2 years, or both.
"(3) Where - (a) an aircraft to which this section applies is in flight over the territory of a foreign country; and (b) either - (i) the flight is required to be authorised by the foreign country and is not so authorised; or (ii) there are reasonable grounds for believing that the aircraft is being operated for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country, the pilot in command of the aircraft shall comply with any direction given by an authorised official of the foreign country - (c) requiring that the aircraft land at a specified aerodrome in the territory of the foreign country; or (d) for the purpose of preserving the security or public order of, or the safety of air navigation in relation to, the foreign country. Penalty: $5,000 or imprisonment for 2 years, or both.
"(4) In a prosecution of a person for an offence against sub-section (3) it is a defence if the person proves that the person believed on reasonable grounds that compliance with the direction would be more likely to endanger the safety of the aircraft or of persons on board the aircraft than would a failure to comply with the direction.
"(5) Sub-sections (2) and (3) do not affect any other obligation imposed by law, including the law of a foreign country, to comply with a direction given by an authorised official of a foreign country.
"(6) Where a body corporate is convicted by a court of an offence against sub-section (2) or (3) by virtue of section 5 of the Crimes Act 1914, the penalty that the court may impose is a fine not exceeding $25,000.
"(7) Where a person has been convicted of an offence in respect of an act or omission under the law of the foreign country, the person is not liable to be convicted of an offence arising under sub-section (2) or (3) in respect of the act or omission.
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"(8) In this section - 'Australian operator' means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory; 'authorised official', in relation to a foreign country, means - (a) a member of the military, police, customs or air-traffic control services of the foreign country; or (b) a person authorised by the foreign country to give directions to aircraft in flight over the territory of the foreign country; 'operator' has the same meaning as in the Air Navigation Regulations; 'territory', in relation to a foreign country, means the land and the adjacent territorial waters under the sovereignty, suzerainty, protection or mandate of the foreign country.". AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 6 Offences
6. Section 22 of the Principal Act is amended - (a) by inserting in sub-sections (1) and (2) "(other than section 21A)" after "this Act"; (b) by adding at the end of sub-sections (1) and (2) "against this sub-section"; and (c) by omitting from sub-sections (3) and (4) "this Act" and substituting "this section". AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 7 Defences in proceedings with respect to offences
7. Section 23 of the Principal Act is amended by inserting in sub-section (2) "(other than section 21A)" after "this Act".
AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 8
8. The Principal Act is amended by adding at the end the following Schedule:
"SCHEDULE 10 Section 4 PROTOCOL relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 10 May 1984 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 cooperation 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
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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.".

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