air navigation act

(b)  a person whose interests are affected by the decision may request a statement under section 28 of that Act. DONE at Chicago the seventh day of December, 1944, in the English language. 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. For subsequent information see Table A. (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. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Air Navigation Act (PDF, 460 KB) An Act to provide for the control and regulation of aviation. (b)  the person’s reasons for the intention, opinion, belief or purpose. No. 5, 1994. S36) Remainder: Royal Assent, Jurisdiction of Courts (Miscellaneous Amendments) Act 1979, Parts II–XVII (ss. Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act. 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. CHAPTER II.—FLIGHT OVER TERRITORY OF CONTRACTING STATES. 130 and 216, 1973; No. (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, (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. 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. 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. (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. (3)  If legislation that is in force immediately before the commencing day or that is introduced into the Parliament before that day but that commences on or after that day: (a)  authorised or authorises an instrument to be made in the exercise of a power delegated by the Parliament that adversely affects the rights of a person, or results in the imposition of liabilities on a person; and. The stated intent of the BILL is "to safeguard fortified places, and to prevent … Schedule 9A—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 6 October 1980. (q)     The Air Navigation Act 1920 was amended by Schedule 5 (item 1) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(b) of which provides as follows: (2)   The following provisions commence on a day or days to be fixed by Proclamation: (b)   the items in Schedules 1 to 7 (other than item 18 of Schedule 7); (r)     The Air Navigation Act 1920 was amended by Schedule 1 only of the Aviation Legislation Amendment Act (No. 2497 Being the 9th year of the Present Reign His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Air Navigation Act Amendment Act 1969. by No. 27, 1980; No. (e)     The Air Navigation Act 1920 was amended by Part 2 (sections 3–5) only of the Transport and Communications Legislation Amendment Act (No. 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. 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. 15F  Variation, suspension or cancellation of permission on Secretary’s initiative. CHAPTER VI.—INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES. (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. 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. (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. 4–14 and Schedule 3 (items 19–21): 15 July 2001 (see Gazette 2001, No. 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. (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. Schedule 2—International Air Services Transit Agreement. The Council shall elect its President for a term of three years. 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. 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. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. HAVING NOTED that it is necessary that international civil aviation may be developed in a safe and orderly manner. Schedule 10—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 10 May 1984. (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. (f)   The Secretary General shall notify all States parties to the said Convention of the date on which the Protocol comes into force. 15 Information as to air transport undertakings and use of customs aerodromes, 16 Licensing of air transport and commercial flying, 17A National Civil Aviation Security Authority, 17B National Civil Aviation Security Committee. 95, 1998; No. 10 International aircraft to land at and take off from designated airports, 11A Foreign shareholdings in Australian international airlines, 12 Requirement to hold international airline licence, 13 Licensing of scheduled international air services, 14 Non-scheduled flights by aircraft possessing nationality of a Contracting State, 15A Aircraft on non-scheduled flights not to take on or discharge passengers, cargo or mail without permission, 15B Applications for permission to operate non-scheduled flights, 15C Information to be contained in application, 15D Determination of application for permission, 15E Variation of permission on application by charter operator, 15F Variation, suspension or cancellation of permission on Secretary’s initiative, 16 Aircraft on international flights to comply with laws, 17 Aircraft on international flights to have permission, 23A Review of decisions by Administrative Appeals Tribunal, 23 Defences in proceedings with respect to offences, 24A Conduct by directors, servants and agents, 27 Extra-territorial operation of regulations, 27A Registration of security interests in relation to aircraft and components of aircraft, 30 Powers and functions under State and Northern Territory laws, Schedule 7—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at New York, on 12 March 1971. (c)      Every civil aircraft shall comply with an order given in conformity with paragraph (b) of this Article. 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. 2) 1982, subsection 2(1) of which provides as follows: (1)   Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent. b)    The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation. in flight see section 12. operator see section 13. regulations means regulations made under a Commonwealth Act. 14  Non‑scheduled flights by aircraft possessing nationality of a Contracting State. (b)  a person (other than a foreign airline) who is not an Australian person. (f)      The Air Navigation Act 1920 was amended by subsection 4(1) only of the Transport and Communications Legislation Amendment Act 1990, subsections 2(1) and (2) of which provide as follows: (2)   Subsection 4(1) is taken to have commenced at the same time Part IX of the Civil Aviation Act 1988 commenced. (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. 87, 2008. (6)  For the avoidance of doubt, any reference in this section to the Act includes a reference to any aviation safety subsidiary legislation. 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. (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. L 296, 25.10.2012, p.1., and referred to in this Order as the “EASA Air Operations Regulation”) to different categories of … The Maybury and Cadman Committees demanded rationalisation in the 1930s. 89, 1995; No. (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. Any other statement in column 2 has effect according to its terms. an act to provide for the vesting of dublin airport, shannon airport and cork airport in aer rianta, cuideachta phoiblÍ theoranta, the assignment to the said company of certain functions heretofore exercised by the minister for public enterprise relating to the management, operation and development of those airports, to amend the air navigation and transport acts, 1936 to 1988, … 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. 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. security interest, in relation to an aircraft or a component of an aircraft: (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, (i)  if the aircraft or component is the subject of a hire‑purchase agreement—the interest of the bailee under the agreement; and. 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. 2 Guadalajara Convention to have the force of law in the State. f)    The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force. (2C)  Strict liability applies to paragraphs (1)(b) and (2)(b). an act to make further and better provision in relation to the regulation of air navigation and transport, and to provide for other matters connected therewith. (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. (s)     The Air Navigation Act 1920 was amended by Schedule 3 (items 19–21) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows: (3)   Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001. Air Navigation Act B.E. Civil Air Navigation Services Commercialization Act. (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)  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. Attachment. (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. The 1919 Air Navigation Act regulated civil aviation. The Council may delegate authority with respect to any particular matter to a committee of its members. 15D  Determination of application for permission. 45, 1989; No. 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. 93, 1966; No. (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. Current version for 16 January 1989 to date (accessed 25 August 2020 at 09:38) Section 4. (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. (d)  any other matter that the Secretary thinks relevant. 2497 Translation as of 9 September 2009 For convenient use only (Updated as of 16 November 2009) 1 AIR NAVIGATION ACT B.E. S. 17.................................... am. 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: (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. 2562 Royal Decree Stipulating Service Charges, Tariffs or Monetary Remunerations for the Use of the Licensed Aerodrome Providing Services to Public that the Owner or Operator is Entitled to Collect B.E. Download. (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. Consolidated Act no. All rights reserved. 6 of 1937. (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. 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. 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. 87 of 2008, Administered by: Infrastructure and Transport, The text of any of those amendments not in force, The operation of amendments that have been incorporated may be, Prepared by the Office of Legislative Drafting. (c)   “Airline” means any air transport enterprise offering or operating an international air service. (v)     Subsection 2(1) (items 2 and 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provide as follows: Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003. b)     The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation. Air Navigation Act B.E. 69, 1986; No. 1) 1983, subsection 2(1) of which provides as follows: (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent. 50 of 1920 as amended, taking into account amendments up to Act No. (b)  the property in the aircraft or component will or may pass to the bailee. 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. by No. S 445/2018. In force. 3 Interpretation of Guadalajara Convention. (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. 2E. 2497 ∗ Bhumibol Adulyadej, Rex Given on the 1st Day of September B.E. (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). 108, 1984; No. (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. (1)  The ratification on behalf of Australia of the Chicago Convention is approved. S. 20.................................... am. Year: 1937. This Agreement shall come into force as between contracting States upon its acceptance by each of them. “aerodrome” means any defined area of land or water in Singapore used, or intended or designed to be used, either wholly or partly, for the landing, taking off, movement, or servicing of aircraft, and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration; “aeronautical product” means anything that comprises or is intended to comprise any part of an aircraft or that is or is intended to be installed in or fitted or supplied to an aircraft, and includes fuel and other consumable items necessary for the operation of the aircraft; “Air Accident Investigation Bureau of Singapore” or “AAIB” means the department established under section 13B; “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth; “air traffic” means all aircraft in flight or operating on any manoeuvring area of an aerodrome; “air traffic control service” means a service provided for the purposes of —, preventing collisions between aircraft, and between aircraft and obstructions on any manoeuvring area; and. 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. f)     The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force. (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. Note:          A defendant bears an evidential burden in relation to the matter in subsection (1AA) (see subsection 13.3(3) of the Criminal Code). Privileges of an air traffic controller’s licence and a student air traffic controller’s licence. Note:          A defendant bears an evidential burden in relation to the matters in subsection (1AA) (see subsection 13.3(3) of the Criminal Code). 89,1995 (as am. 13  Licensing of scheduled international air services. ........................................................................ ....................................................................... .............................................................................. ........................................................... ....................................................................................... ....................................................... ............................................................................... ........................................................................... ............................................................................. ...................................................... ........................................................................................ ......................................... ............................................................ ........................................................ ............................................ .................................................................................... ......................................................................................... Convention on International Civil Aviation, International Air Services Transit Agreement, Protocol relating to an amendment to the Convention on International Civil Aviation, Protocol relating to certain amendments to the Convention on International Civil Aviation, Protocol relating to an amendment to the Convention on International Civil Aviation Signed at, Protocol relating to an amendment to Article 50 (a) of the Convention on International Civil Aviation Signed at, Protocol relating to an amendment to the Convention on International Civil Aviation signed at, Protocol relating to an amendment to Article 56 of the Convention on International Civil Aviation Signed at, Immediately after the commencement of section 3 of the, Immediately after the commencement of sections 3 to 62 of the, the start of the day on which this Act receives the Royal Assent; and, immediately after the commencement of section 3 of the. 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