For the purposes of this Agreement, unless otherwise provided:

A.

The term "aeronautical authorities" means, in respect of Switzerland, the Federal Office of Civil Aviation, and with regard to Australia, the Department of Infrastructure, Transport, Regional Development and Government Local, or in both cases, any person or body authorized to perform the functions that are currently assigned to the said authorities;

B.

The term "agreed services" means air services on specified routes for the carriage of passengers, baggage, freight and mail items separately or in combination;

C.

"Agreement" means this Agreement and its Annexes, including all amendments thereto;

D.

The term "air transport" means public transport by aircraft of passengers, baggage, freight and postal items, separately or in combination, against remuneration or under a rental contract;

E.

The term "air transport undertaking" means any air transport undertaking which is marketing or operating air transport;

F.

The term "freight" includes freight and mail;

G.

"Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, including:

I.

Any annex or consequential amendment adopted in accordance with Art. 90 of the Convention, provided that these annexes and amendments are in force at the same time for both Contracting Parties; and

Ii.

Any amendments that have entered into force in accordance with s. 94 let. Has the Convention and has been ratified by both Contracting Parties,

H.

The term "designated business" means one or more designated and authorized air carriers in accordance with s. 2 (Designation, Authorization and Revocation) of this Agreement;

I.

The term "international air transport" means air transport that takes over the airspace of more than one State.

J.

The term "specified route" means one of the routes specified in the Annex to this Agreement;

K.

The expression "tariffs" means the price, charge or fee that is to be paid for the carriage of passengers (and their baggage) and/or cargo (excluding postal items) in international air transport, including transportation on the The basis for intra-or inter-line agreements, which are charged by the designated undertakings, including their agents, and the conditions governing the availability of such prices, charges, rates or taxes;

L.

The term "non-commercial stopover" has the meaning given to it by s. 96 of the Convention;

M.

The term "territory" means land areas and adjacent territorial waters under the sovereignty, suzerainty, protectorate or mandate of a State of which the Government is a Contracting Party to this Agreement;

N.

The term "user charges" means the charges levied on air carriers by a service provider for the provision of airport, airport, air navigation and security facilities Aviation, to aircraft, their crews, passengers and cargo.

(1) Each Contracting Party shall have the right to designate as many air transport undertakings as it wishes for international air transport in accordance with this Agreement, and to revoke or amend such designations. These designations shall be transmitted in writing to the aeronautical authorities of the other Contracting Party.

2. Upon receipt of such a document and requests made in due form by a designated undertaking in order to obtain operating authorisations or technical authorisations relating to the operation and navigation of the Aircraft, the other Contracting Party shall grant such authorisations without delay, provided that:

A.

The undertaking is constituted and has its principal place of business in the territory of the designated Contracting Party and that the operating company holds a valid air carrier licence issued by the authorities Of the said Contracting Party;

B.

The undertaking is able to comply with the conditions prescribed by the laws and regulations normally and reasonably applied to the operation of international air transport by the Contracting Party examining the application (s), In accordance with the provisions of the Convention;

C.

The Contracting Party that has designated the undertaking maintains and applies the standards set out in s. 5 (Security) and art. 6 (Aviation Security) of this Agreement.

3. As soon as a company has been so designated and authorized, it may commence international air transport, provided that it complies with the applicable provisions of this Agreement.

(4) Each Contracting Party shall have the right at any time to retain, revoke, suspend or limit the operating authorisations or technical authorisations of a company designated by the other Contracting Party if the conditions specified in c. 2 of this section are not in place or if the undertaking otherwise fails to operate flights in accordance with the conditions set out in this Agreement.

5. Unless immediate action is necessary to prevent further non-compliance with the let. B or c, para. 2, of this Article, the rights set forth in this Article shall be exercised only after consultation with the other Contracting Party.

(6) This Article does not limit the rights of a Contracting Party to refuse, revoke or limit the authorization to operate or of a technical nature issued to one or more undertakings of the other Contracting Party, or to impose Conditions, in accordance with the provisions of s. 5 (Security) or s. 6 (Aviation Security) of this Agreement.

1. Each Contracting Party shall accord to the other Contracting Party, for the operation of international air transport by the designated undertakings of that other Contracting Party, the following rights:

A.

The right to fly over its territory without landing;

B.

The right to land on its territory for non-commercial stopovers; and

C.

The right to embark and disembark in the territory of a Contracting Party, at the points specified in the Annex to this Agreement, of passengers, baggage, cargo and postal items to or from points in the territory of The other Contracting Party; and

D.

The right to embark and disembark in the territory of third countries, at the points specified in the Annex, passengers, baggage, cargo and postal items to or from points on that road specified in the territory of the The other Contracting Party.

2. Nothing in this Article shall confer on the designated undertaking or undertakings of one of the Contracting Parties the right to embark on remuneration in the territory of the other Contracting Party, passengers, their luggage, Of freight or postal items destined for another point in the territory of that other Contracting Party.

3. If, as a result of armed conflict, disturbances or political developments or special and unusual circumstances, the designated undertakings of a Contracting Party are not in a position to operate a service on its normal routes, the other Contracting Party shall endeavour to facilitate the continuation of the operation of this service by temporarily rearranging these routes in an appropriate manner, in particular by granting for that period the rights necessary to facilitate an operation Viable.

1. The designated companies of a Contracting Party shall comply with the laws, regulations and rules of the other Contracting Party relating to the operation and navigation of aircraft when they enter the territory of that Contracting Party Contracting Party, are or leave the Contracting Party.

2. The laws, regulations and rules of a Contracting Party relating to the admission or departure of its territory of passengers, crew, cargo or aircraft (including regulations and rules on entry, exit, aviation security, Immigration, passports, customs and quarantine, or, in the case of postal items, postal regulations) must be observed by passengers and crews and in relation to freight or aircraft, by designated undertakings Of the other Contracting Party, or on their behalf, when they enter or are in the territory of That Contracting Party or that they leave it.

3. None of the Contracting Parties shall accord to its own undertaking or any other preference in relation to any undertaking designated by the other Contracting Party and engaged in similar international air services, in The application of its regulations on entry, exit, aviation security, immigration, passports, customs and quarantine, postal regulations and other areas.

Each Contracting Party shall recognize the validity of the certificates of airworthiness, certificates of fitness and licences issued or validated by the other Contracting Party for the operation of international air transport provided for in the Agreement and which are still in force, provided that the requirements for obtaining such certificates and licences correspond to at least the minimum standards established in accordance with the Convention. Each Contracting Party shall, however, reserve the right to refuse to recognize for the purpose of flights carried out as a result of the rights granted under Art. 3 (Grant of Rights) of this Agreement the validity of certificates of fitness and licences issued to its own nationals by the other Contracting Party or validated by it.

(2) Each Contracting Party may at any time request consultations on safety standards adopted by the other Contracting Party, including, but not limited to, security standards relating to facilities Aircraft, crews, aircraft and their operations. These consultations shall take place within thirty (30) days of the request.

3. If, as a result of such consultations, one of the Contracting Parties discovers that the other Contracting Party does not adopt or effectively follow up on safety standards and requirements in those areas which are at least equal to the standards Minimum in force in accordance with the Convention, the first Contracting Party shall notify the other Contracting Party of such findings and of the steps which are deemed necessary in order to comply with these minimum standards, and that other Party Contracting Parties will take appropriate corrective action. Failure by that other Contracting Party to take appropriate action within a reasonable time, or in all cases within fifteen (15) days, shall constitute a basis for the application of s. 4 of Art. 2 of this Agreement (Designation, Authorization and Revocation).

4. Notwithstanding the obligations referred to in s. 33 of the Convention, it is agreed that any aircraft operated by the designated enterprise (s) of one of the Contracting Parties, from or to the territory of another Contracting Party may, where it is located on the territory of The other Contracting Party, to be the subject of any inspection (referred to in this Article "inspection on the ramp"), by the authorized representatives of that other Contracting Party, on board or outside the aircraft, in order to verify The validity of the documents of the aircraft and of its crew and the apparent state of The aircraft and its equipment provided that this does not result in an unreasonable delay.

5. If an inspection, or a series of inspections on the apron, gives rise to:

A.

Serious grounds for believing that an aircraft or aircraft operation does not meet the minimum standards in force in accordance with the Convention, or

B.

Serious grounds for fear of deficiencies in the effective adoption and implementation of the minimum standards in force in accordance with the Convention,

The Contracting Party conducting the inspection will be, for the purposes of the application of s. 33 of the Convention, free to conclude that the requirements under which the certificate or the licences relating to that aircraft or its crew have been issued or validated, or that the aircraft is used, are not equal or Above the minimum standards in force in accordance with the Convention.

6. In the event that access to an aircraft operated by one or more designated companies of a Contracting Party to carry out an inspection on the ramp under s. 4 of this Article shall be refused by a representative of that designated undertaking or undertakings, the aeronautical authorities of the other Contracting Party shall be free to infer that there are serious grounds, such as those referred to in On par. 5 of this Article exist and draw the conclusions mentioned in the same figure.

7. Each Contracting Party reserves the right to immediately suspend or modify the authorization to operate one or more designated undertakings of the other Contracting Party, in the event that one of the Contracting Parties Reaches the conclusion, following an inspection on the ramp, of a series of ramp inspections, a refusal of access for inspection on the ramp, a consultation or otherwise, that immediate action is required For the safety of the operation of one or more designated companies.

8. Any measure taken by a Contracting Party in accordance with s. 3 or 7 of this article shall be reported as soon as the facts motivating the measure have ceased to exist.

1. In accordance with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to protect civil aviation against acts of unlawful interference, to ensure their security, is part of the Of this Agreement. Without limiting the generality of their rights and obligations under international law, Contracting Parties shall act in particular in accordance with the provisions of the Convention on Offences and Certain Other Acts Committed to Aircraft aircraft ¹ , opened for signature in Tokyo on 14 September 1963, of the Convention for the Suppression of Unlawful Seizage of Aircraft ² , opened for signature at The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation ³ , opened for signature in Montreal on 23 September 1971, of the Additional Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation ⁴ , signed in Montreal on 24 February 1988 and any other multilateral agreement relating to the security of aviation which is binding on the Contracting Parties.

2. The Contracting Parties shall provide each other, upon request, with all the assistance necessary to prevent acts of unlawful capture of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and Their crews, airports and air navigation facilities, as well as any other threat to civil aviation security.

3. The Contracting Parties, in their mutual relations, shall comply with the aviation security provisions established by the International Civil Aviation Organization and set out in the Annexes to the Convention, to the extent that These security provisions and the requirements apply to Contracting Parties.

4. Contracting Parties shall require operators of aircraft registered by them, or operators of aircraft which are the principal headquarters of their operation or permanent residence on their territory, and of the operators of airports located On their territory, that they comply with these provisions relating to aviation security.

5. Each Contracting Party agrees that such aircraft operators may be required to comply with the aviation security provisions referred to in s. 3 and 4 of this Article and the other Contracting Party prescribed for the arrival, departure or stay in the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied in its territory to protect aircraft and to ensure the inspection of passengers, crew members, hand luggage, baggage, cargo and Ships' stores, before and during boarding or loading. Each Contracting Party shall also favourably consider any request made to it by the other Contracting Party in order to ensure that reasonable special security measures are taken to deal with a particular threat.

6. In the event of an incident or threat of unlawful seizure of civil aircraft or other unlawful acts directed against the safety of such aircraft, their passengers and crews, airports or air navigation facilities, Contracting Parties shall assist each other by facilitating appropriate communications and other measures designed to put an end to this incident or threat of incident promptly and at the least risk in human life.

7. Where a Contracting Party has reasonable grounds to believe that the other Contracting Party derogates from the provisions of this Article, the aeronautical authorities of the first Contracting Party may request the immediate commitment of Negotiations with the aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement on flight safety issues within fifteen (15) days will justify the application of s. 4 of Art. 2 of this Agreement (Designation, Authorization and Revocation). If the urgency justifies it, a Contracting Party may act under s. 4 of Art. 2 (Designation, Authorization and Revocation) before the expiration of fifteen (15) days. Any measure applied by a Contracting Party in accordance with this figure shall be reported as soon as the other Contracting Party has complied with the security provisions contained in this Article.

8. In the case of aviation security, the aeronautical authorities of either Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.

1. The designated companies of each Contracting Party may use aircraft (or aircraft with flight crew) leased from any company, including other air transport undertakings, provided that it does not result That an operating company has traffic rights that it does not have, and provided that the leased aircraft and crew comply with s. 5 (Safety) and 6 (Aviation Security).

2. Neither of the Contracting Parties will require, in advance, that the company or company (lessor) giving the leased aircraft have the right to transport traffic to or from the territory of one or the other Of Contracting Parties.

1. The charges applied in the territory of either Contracting Party to the operation of the undertaking or undertakings designated by the other Contracting Party for the use of airports open to the public and others Aeronautical installations in the territory of the first Contracting Party shall be fair, reasonable and collected in accordance with the uniform conditions applicable without discrimination relating to the nationality of the aircraft concerned.

(2) Each Contracting Party shall encourage the competent authorities or bodies concerned with the allocation in its territory to consult the designated undertakings using the services and facilities and to give them reasonable notice of Any proposed changes to user fees. The Contracting Parties shall encourage the competent authorities or bodies to charge and the undertakings designated to exchange information which may be necessary to enable an accurate assessment of the reasonableness of the Royalties.

3. Reasonable charges reflect the full cost to the competent authorities of the charging of the provision of the relevant services and facilities, including a reasonable return on assets, after depreciation.

The aeronautical authorities of a Contracting Party may require a designated undertaking of the other Contracting Party to provide statistical statements relating to traffic carried on the services agreed to by that designated undertaking.

2. The aeronautical authorities of each Contracting Party may determine the nature of the statistics which enterprises are required to provide in accordance with the above figure, and shall apply those requirements on a non-discriminatory basis.

1. Aircraft operated in international air transport by the designated undertaking or undertakings of either Contracting Party are exempt from import restrictions, customs duties, excise taxes and charges, and Similar charges imposed by national authorities. Spare parts and the normal equipment of aircraft for the repair, maintenance or servicing of these aircraft benefit from similar exemptions.

2. The following articles are exempted from import restrictions, customs duties, excise taxes and similar charges and charges imposed by national authorities, whether introduced by a designated undertaking of a Party Contracting Party in the territory of the other Contracting Party or provided to a designated enterprise of a Contracting Party in the territory of the other Contracting Party. These exemptions apply even where such supplies are intended to be used on any part of a voyage over the territory of the other Contracting Party where they have been on board:

A.

Ships' stores (including, but not limited to items such as food, beverages and tobacco) whether they are introduced or shipped in the territory of the other Contracting Party;

B.

Fuel, lubricating oils (including hydraulic fluids) and consumable supplies;

C.

Spare parts including engines;

Provided that in each case they are intended to be used on board an aircraft in relation to the establishment or maintenance of an international air service by the designated undertaking concerned.

3. The exemptions provided for in this Article shall not apply to charges based on the cost of services provided to the designated undertakings of a Contracting Party in the territory of the other Contracting Party.

4. Normal equipment as well as spare parts (including engines), fuel supplies, lubricants (including hydraulic fluids) and other items mentioned in s. 1 and 2 retained on board aircraft operated by designated undertakings of a Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that Contracting Party. Ships' stores intended for use on the services of designated companies may in any case be unloaded. It may be required that equipment and supplies referred to in s. 1 and 2 of this Article shall be placed under the supervision or control of the appropriate authorities until such time as they are re-exported or otherwise disposed of in accordance with the customs legislation and procedures of That Contracting Party.

(5) Advertising material devoid of commercial value used by the designated undertaking or undertakings of a Contracting Party in the territory of the other Contracting Party shall be exempt from import restrictions, Customs duties, excise taxes and similar charges imposed by the national authorities.

6. The exemptions provided for in this Article shall also apply where the designated undertaking (s) of a Contracting Party has entered into arrangements with one or more other undertakings on the rental or transfer, on the The territory of the other Contracting Party, of the items specified in s. 1 and 2 of this Article, provided that such other undertakings similarly benefit from such exemptions from that other Contracting Party.

7. Passengers, hold baggage and cargo in direct transit in the territory of either Contracting Party and not leaving the area of the airport provided for that purpose shall not be subject to any control, except where measures of Security, drug control or special circumstances require it. Direct in-transit baggage and cargo are exempt from customs duties and other similar taxes.

Each Contracting Party shall permit each designated undertaking to determine its own tariffs for the carriage of traffic.

2. Unless the national laws and regulations so require, it shall not be required that the tariffs requested by the designated undertakings be submitted to the aeronautical authorities of either Contracting Party.

3. The rates charged by designated companies shall be subject to the laws of the two Contracting Parties relating to competition and consumer protection.

1. Designated undertakings shall have equal and equitable opportunity to provide the agreed services governed by this Agreement.

2. The capacity that can be operated in accordance with s. 1 let. C and d of art. 3 of this Agreement by the designated undertakings of each Contracting Party on air services provided for the carriage of international traffic to and from the territory of the other Contracting Party shall be equivalent to that which Has been decided between the aeronautical authorities of the Contracting Parties.

Each Contracting Party shall take appropriate measures in its jurisdiction in order to eliminate any form of discrimination or unfair competition practices affecting the competitive position of the designated undertakings of the other Contracting Party in the exercise of their rights and prerogatives provided for in this Agreement, including, but not limited to, restrictions on the sale of air transport, payment of goods, services or transactions, or repatriation of Surplus in foreign currency by designated companies.

2. In the event that the aeronautical authorities of either Contracting Party consider that their designated undertakings are victims of discrimination or unfair practices, they shall notify the aeronautical authorities of the other Contracting Party. Consultations, which may take place through diplomatic channels, will be held as soon as possible after notification unless the first Contracting Party has found that the problem has now been resolved.

The designated undertakings of each Contracting Party shall be permitted, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment, to bring and occupy in the territory of the other Party Contracting their own management and other highly qualified personnel who are required for the provision of air services.

4. The designated undertakings of each Contracting Party shall have the right to establish offices, representations and/or branches in the territory of the other Contracting Party in order to provide, promote and sell air services In accordance with the applicable national laws and regulations of the other Contracting Party. Each designated undertaking shall have the right to sell directly and, at its discretion, through its agents, air transport titles in the territory of the other Contracting Party. Each designated undertaking shall have the right to use its own transport documents for that purpose.

5. The designated undertakings of each Contracting Party shall have the right to sell air transport services in local or freely convertible currency and to convert their funds into any freely convertible currency and to transfer them to their From the territory of the other Contracting Party. Subject to the national laws and regulations and the policy of the other Contracting Party, the conversion and transfer of funds from the normal operation of their operations shall be effected at the exchange rates governing payments In effect on the date of filing of the request for conversion or transfer and shall not be subject to any royalties except the management fees normally charged for such transactions.

6. The designated companies of each Contracting Party shall have the right if they deem it appropriate to pay in local currency their local expenses, including the purchase of fuel, in the territory of the other Contracting Party or, provided that this Complies with local currency regulations, in freely convertible currency.

7. At its choice, each designated undertaking shall have the right, in the territory of the other Contracting Party, to ensure, in accordance with the internal laws and regulations of the other Contracting Party, its own ground handling or sub-processing services All or part of these services to a competitive agent of its choice, including any other air transportation company that provides ground handling services. These rights will only be subject to restrictions as a result of security or airport security considerations. Where such considerations prohibit a designated undertaking from providing its own ground services or subcontracting to an agent of its choice, such services shall be accessible to that designated undertaking without discrimination in relation to All other air transport undertakings.

Each Contracting Party may require that the scheduled hours be notified to its aeronautical authorities by the designated undertakings of the other Contracting Party in accordance with its national laws and regulations.

(1) Each Contracting Party may, at any time, request consultations concerning the implementation, interpretation, application or amendment of this Agreement.

2. Except as otherwise provided for in s. 5 (Safety) and 6 (Aviation Security), these consultations, which may be conducted by way of discussion or by correspondence, shall commence within sixty (60) days of the receipt of such request, unless otherwise decided by Mutual agreement.

1. Subject to subs. 3, this Agreement may be amended or revised by written agreement between the Contracting Parties.

2. Any amendment or revision shall enter into force on the date on which the Contracting Parties have notified in writing that their respective requirements concerning the entry into force of amendments or revisions have been complied with.

3. Amendments to the Annex to this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. They shall be applied provisionally from the day on which they have been agreed and enter into force once they have been confirmed by an exchange of diplomatic notes.

4. If a multilateral agreement on air transport enters into force for both Contracting Parties, this Agreement shall, if necessary, be amended accordingly in order to comply with the provisions of that Convention.

1. Any dispute concerning the interpretation or application of this Agreement which cannot be resolved through negotiations between the Contracting Parties, either by way of discussion, by correspondence or through diplomatic channels, shall be submitted to Request of either Contracting Party to a arbitral tribunal.

(2) Within sixty (60) days from the date of receipt by either Contracting Party of a note by diplomatic means requesting arbitration of the dispute by a court, each Contracting Party shall appoint an arbitrator. Within sixty (60) days from the date of the appointment of the last arbitrator, the two arbitrators shall appoint a chairperson who shall be a national of a third State. If, within sixty (60) days after one of the Contracting Parties has appointed its arbitrator, the other Contracting Party shall not designate its arbitrator, or if, within sixty (60) days after the appointment of the second arbitrator, the other Contracting Party shall Arbitrators shall not agree on the choice of the President, either Contracting Party may request the Chairman of the Council of the International Civil Aviation Organization to appoint one or more arbitrators if necessary. If the President is a national of one of the Contracting Parties, the Vice-President with the most seniority who is not disqualified on that ground will proceed with the appointment.

(3) The arbitral tribunal shall determine its own procedure.

4. The Tribunal shall endeavour to make a decision in writing within thirty (30) days of the completion of the hearing or, in the absence of a hearing, after the date of communication of the two responses The decision shall be taken by a majority of the votes of the members Court.

5. Contracting Parties may submit requests for clarification of the decision within fifteen (15) days from the date on which it was received and the clarifications shall be published within fifteen (15) days of such request.

6. Any arbitration decision pursuant to this Article shall be binding on both Contracting Parties.

7. Each Contracting Party shall pay the costs of the arbitrator appointed by the Contracting Party. The remaining costs of the arbitral tribunal shall be shared equally between the Contracting Parties.

8. If and as long as one of the Contracting Parties fails to comply with a decision under s. 6 of this Article, the other Contracting Party may limit, refuse or revoke any rights or privileges granted by it under this Agreement to the Contracting Party in default, and shall inform the other Contracting Party of its decision.

(1) One or the other Contracting Party may at any time notify the other Contracting Party in writing of its decision to terminate this Agreement. This notification shall be communicated simultaneously to the International Civil Aviation Organisation (ICAO). The Agreement shall terminate at midnight (where the notification of denunciation has been received by the other Contracting Party), immediately before the expiration of one year from the date on which the denunciation was received, unless it is Withdrawn by mutual agreement between the Contracting Parties before the end of that period.

2. Failure to acknowledge receipt of the notification of termination by the other Contracting Party shall be deemed to have received the notification fourteen (14) days after the date on which the ICAO has acknowledged receipt of the notification.

This Agreement and any amendments shall be registered with ICAO.

1. This Agreement shall enter into force after the Contracting Parties have notified each other in writing that they have complied with their respective requirements for the entry into force of this Agreement.

2. As soon as it enters into force, this Agreement supersedes the Agreement between the Swiss Federal Council and the Government of Australia on Line Air Services ¹ , done in Canberra on October 17, 1990.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Agreement.

Done at Canberra in duplicate on November 28, 2008, in the English and German languages, both texts being equally authentic. In the event of a dispute in the interpretation of this Agreement, the English text shall prevail.