AIR NAVIGATION.

No. 8 of 1963.

An Act to amend the Air Navigation Act 1920–1961.

[Assented to 20th May, 1963.]

[Date of commencement, 17th June, 1963.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)     This Act may be cited as the Air Navigation Act 1963.

(2.)  The Air Navigation Act 1920–1961 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Air Navigation Act 1920–1963.

Approval of ratification of Chicago Convention, &c.

2.    Section three a of the Principal Act is amended—

(a) by omitting from paragraph (c) of sub-section (2.) the word “and” (last occurring); and

(b) by adding at the end of sub-section (2.) the following word and paragraph:—

“; and (e) the Protocol amending Article 48 (a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on the fourteenth day of September, One thousand nine hundred and sixty-two.”.

Texts of Convention, &c.

3.    Section four of the Principal Act is amended by omitting the words “and Fifth” and inserting in their stead the words “, Fifth and Sixth”.

Sixth Schedule.

4.    The Principal Act is amended by adding at the end thereof the following Schedule:—

Section 4                                                 SIXTH SCHEDULE.

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PROTOCOL

RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION

Signed at Rome, on 15 September 1962

The Assembly of the International Civil Aviation Organization,

Having Met in its Fourteenth Session, at Rome, on the twenty-first day of August, 1962,

Having Noted that it is the general desire of contracting States that the minimum number of contracting States which may request the holding of an extraordinary meeting of the Assembly should be increased from the present figure of ten,

Having Considered it proper to increase the said number to one-fifth of the total number of contracting States,

And Having Considered it necessary to amend for the purpose aforesaid the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944,

Approved, on the fourteenth day of September of the year one thousand nine hundred and sixty-two, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

In Article 48 (a) of the Convention, the second sentence be deleted and substituted by “An extraordinary meeting of the Assembly may be held at any time upon the call of the Council or at the request of not less than one-fifth of the total number of contracting States addressed to the Secretary General.”

Specified, pursuant to the provisions of the said Article 94 (a) of the said Convention, sixty-six as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

Resolved that the Secretary General of the International Civil Aviation Organization draw up a protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above mentioned and the matter hereinafter appearing.

Consequently, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization;

This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This Protocol shall come into force in respect of the States which have ratified it on the date on which the sixty-sixth instrument of ratification is so deposited;

The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of this Protocol;

The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force;

With respect to any contracting State ratifying this Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

In Faith Whereof, the President and the Secretary General of the Fourteenth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

Done at Rome on the fifteenth day of September of the year one thousand nine hundred and sixty-two in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization: and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation aforementioned.