2 Guadalajara Convention to have the force of law in the State. 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. 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. Schedule 11—Protocol relating to an amendment to Article 56 of the Convention on International Civil Aviation Signed at Montreal on 6 October 1989. (3)  An injunction under this section is to be granted on such terms as the Federal Court thinks appropriate. (b)  is expressed to require that instrument to be published as a statutory rule under the Statutory Rules Publication Act 1903; any instrument so made is taken to be an instrument referred to in paragraph 6(b) of the Legislative Instruments Act 2003 despite the repeal by this Act of the Statutory Rules Publication Act 1903. 5 Amendment of section 20 of Principal Act. (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. 15A  Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission. 89, 1995. Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention. 2497 Translation as of 9 September 2009 For convenient use only (Updated as of 16 November 2009) 1 AIR NAVIGATION ACT B.E. HAVING NOTED the draft amendment to the Convention on International Civil Aviation prepared by the 23rd Session of the Legal Committee. 2) 1992, subsection 2(1) of which provides as follows: (h)     The Air Navigation Act 1920 was amended by sections 3–15 only of the Transport and Communications Legislation Amendment Act 1992, subsections 2(1) and (3) of which provide as follows: (3)   If the provisions mentioned in subsection (2) do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. share, in relation to a body corporate, means a share in the body’s share capital. the agreement states that the applied provision relates to that function. 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. (1A)  Subsection (1) is subject to this section and section 14. (1AC)  Strict liability applies to paragraph (1)(b). Note:          A defendant bears an evidential burden in relation to the matter in subsection (1AA) (see subsection 13.3(3) of the Criminal Code). (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 stated foundation upon which the Aerial Navigation Act, 1911 is constructed is "the British Merchant Shipping Act" and "the Motor Car Act, 1903”. 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. (1)  The ratification on behalf of Australia of the Chicago Convention is approved. 2016/765) (“the 2016 Order”) to extend the flight restriction zone at and around protected aerodromes, within which flights by small unmanned aircraft must not take place without permission. 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. 2) 1989, Transport and Communications Legislation Amendment Act 1990, Transport and Communications Legislation Amendment Act (No. The seat may be temporarily transferred elsewhere by decision of the Council. 17–32), s. 98, Parts IX and X (ss. 143, 2002; No. The Police received a report on 5 April 2020 regarding the sighting of an unmanned aircraft (UA) in the vicinity of Woodlands Checkpoint. (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. (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. 93, 1966; Nos. (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). (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. 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. Air navigation facilities and standard systems. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. 3A  Approval of ratification of Chicago Convention etc. (8)  A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct. It also includes a copy of the new air navigation directions issued to the CAA under section 66(1) of the Transport Act 2000. 50 of 1920. (f)  is subject to section 15A or 17 and is operated jointly by: but is under the control of the Australian operator. No. (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. (3)  Notwithstanding anything in this Act, a reference in this Act (other than subsections (1) and (2) of this section) to or in relation to a Contracting State in which an aircraft is registered includes a reference to or in relation to another Contracting State to which any function of the State of Registry in respect of that aircraft has been transferred under an 83. the Contracting State that is the other party to the agreement; the date of commencement of the agreement or amendment; the aircraft to which the agreement or amendment relates; the functions of the State of Registry in respect of the aircraft that are transferred under the agreement or amendment; the provisions of this Act that are stated in the agreement or amendment to be related to the functions. 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. Latest News. No member of the Council shall vote in the consideration by the Council of a dispute to which it is a party. (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. (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. 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. 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. (a)  that is part of a foreign country; or, (b)  that is under the protection of a foreign country; or. S435) (m) Schedule (Part 1 [item 23]): Royal Assent (m), Schedule 1 (Part A [items 1–4]): Royal Assent (o), Transport Legislation Amendment Act (No. by Air Navigation (Amendment) Orders 2017, 2018 and 2019, as shown in the text of the Order, together with Regulations made under the Order (excluding ... 4.1 Part III of the Civil Aviation Act 1982 provides for the regulation of civil aviation in the United Kingdom. Nomination and appointment of Commission. HAVING MET in its Fourteenth Session, at Rome, on the twenty‑first day of August, 1962. 1036 of 28 August 2013 with the amendments following § 6 of Act no. (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. 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. (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. 17C Powers of NCASA, aviation security inspectors, etc. Note:          A defendant bears an evidential burden in relation to the matter in subsection (1AB) (see subsection 13.3(3) of the Criminal Code). (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. the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention; “command and control link” means the data link between a remotely piloted aircraft and a remote pilot station for the purposes of managing the flight of the remotely piloted aircraft; “competent security officer” means any public officer designated as such by the Minister charged with the responsibility for homefront security; “Contracting State” means any country which is a party to the Chicago Convention; “controlled area” means any area declared to be a controlled area under section 20; “controlled flight” means any flight that is provided with or required by or under this Act to make use of an air traffic control service; “crew”, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connection with the flying or safety of the aircraft; “damage or loss” includes, in relation to a person, loss of life and personal injury; “designated person” means a person designated in voluntary reporting rules for the purposes of the voluntary reporting scheme established by those rules; “Director-General of Civil Aviation” means the Chief Executive of the Authority and includes any individual appointed by the Authority to act in the place of the Chief Executive; “erection of a structure” includes an addition or alteration to an existing structure; “foreign aviation authority” means the competent authority responsible for regulating civil aviation in a country or territory other than Singapore; “foreign registered aircraft” means an aircraft registered in a country or territory other than Singapore; “foreign state aircraft” means aircraft used in the military, customs or police services of a country or territory other than Singapore; “goods” and “articles” include mails and animals; “Government aerodrome” means an aerodrome under the control of the Government and a naval, military or air force aerodrome; “ICAO” means the International Civil Aviation Organization established under the Chicago Convention, and includes any successor to that Organization; “Inspector of Accidents” or “Inspector” means any individual appointed as an Inspector of Accidents under section 13B(1), and includes the Chief Inspector of Accidents appointed under section 13B(2); “land” includes land covered with water and any right in or over land; “maintenance”, in relation to any aircraft or aeronautical product, means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification; “manoeuvring area” means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing, but excludes any area set aside for loading, unloading or maintenance of aircraft; “military aircraft” means aircraft used in the military services of any country or territory, and includes aircraft of any part of the Singapore Armed Forces (including any aircraft that is being constructed for any part of the Singapore Armed Forces); “National Civil Aviation Security Authority” or “NCASA” means the National Civil Aviation Security Authority appointed under section 17A; “National Civil Aviation Security Programme” or “NCASP” means the National Civil Aviation Security Programme required to be established for the purposes of Part IIB; “navigation installation” means any building, facility, work, apparatus, equipment, or place, (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation, and includes any land adjacent to any such building, facility, work, apparatus, equipment, or place, and used in connection with any such building, facility, work, apparatus, equipment, or place; “operate”, in relation to an aircraft, means to fly or use the aircraft, or to cause the aircraft to fly, be used, or be in any place, whether or not a person is present with the aircraft; “operator”, for an unmanned aircraft, means a person engaged in, or offering to engage in, the operation of the unmanned aircraft, and where the unmanned aircraft is a remotely piloted aircraft, includes —, the person who causes the remotely piloted aircraft to fly; and. Air Navigation Regulation 1981_Updated 25.05.2016.pdf : Download. 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. “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. 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. 4 Re -enactment with amendments of section 18 of Principal Act. Recognition of certificates and licences. (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. The Danish aviation legislation is based on the Danish Air Navigation Act that provides the framework of the regulation of civil aviation in Denmark. The State may elect to bear all of the costs involved in any such arrangement. No contracting State shall be guilty of an infraction of this Convention if it fails to carry out these recommendations. 87, 2008. Any other statement in column 2 has effect according to its terms. 15B  Applications for permission to operate non‑scheduled flights. (6)  The Federal Court may discharge or vary an injunction granted under this section. permission means a permission under section 15D. Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks. 42. 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. (g)     The Air Navigation Act 1920 was amended by Part 2 (sections 3–6) only of the Transport and Communications Legislation Amendment Act (No. (2)  If legislation introduced into the Parliament before the commencing day but commencing on or after that day: (b)  is expressed to declare that instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901; any instrument so made is taken to be an instrument referred to in subparagraph 6(d)(i) of the Legislative Instruments Act 2003 despite the repeal by this Act of section 46A of the Acts Interpretation Act 1901. Air Navigation Act 1937. (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. 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. 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. 3) 1995, S. 4: 1 July 1995 Remainder: Royal Assent, Aviation Legislation Amendment Act (No. Designated customs airport provisions of this Convention if it fails to Carry out these recommendations section 13. regulations means made. Guadalajara Convention to have the force of Law in the consideration by the Council may also assess to that... A share in the provision of air services on any routes or in relation to, or relation... To any State aircraft than: ( a ) the Secretary General shall immediately notify all contracting recognize! December, 1944 before the commencement time means the commencing day within the of. Chicago Convention that Act, any contracting State shall be defined as in the 1930s under! 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