prescribed court means a court of the Australian Capital Territory exercising jurisdiction in or in relation to the Jervis Bay Territory.
CRIMES (AVIATION) ACT 1991
- SECT 47
Venue
- (1)
- If:
- (a)
- a person is being tried in a State or Territory court for an offence against this Act committed on an aircraft in flight; and
- (b)
- the act constituting the offence, or any part of the offence, is proved;
it must be presumed, in the absence of evidence to the contrary, that the act took place in that State or Territory.
- (2)
- If the information, complaint or indictment relating to an offence against this Act committed on an aircraft in flight specifies the flight in which the aircraft was engaged, it need not also specify the part of Australia, or other place, where the offence was committed.
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CRIMES (AVIATION) ACT 1991
- SECT 48
Change of venue
- (1)
- Where, after an indictment for an offence against this Act committed on an aircraft in flight is presented in a State or Territory court, and before a verdict is given:
- (a)
- the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia; and
- (b)
- the court is satisfied that the offence, if committed, was committed in that other part of Australia;
the court must immediately make the following orders:
- (c)
- that the proceedings on the indictment be discontinued;
- (d)
- if a jury is empanelledthat the jury be discharged;
- (e)
- that the defendant appear before a specified court of the first-mentioned State or Territory at a specified time to be dealt with in accordance with this section.
- (2)
- The court must not specify a time, for the purposes of paragraph (1)(e), that is later than 28 days after the day on which the order is made.
- (3)
- Where a court makes an order under subsection (1), it may also:
- (a)
- order that the defendant be kept in the custody specified in the order; or
- (b)
- admit the defendant to bail on such recognizances as it thinks fit.
- (4)
- If, before the time when the defendant is to appear before a court, the Attorney-General or the Director of Public Prosecutions notifies that court that an indictment will not be filed against the defendant in a court of another part of Australia, the notified court must, as soon as practicable after it is notified, make an order:
- (a)
- discharging the defendant from the obligation to appear before that court at that time; and
- (b)
- if the defendant is in custodydirecting that the defendant be released; and
- (c)
- if the defendant has been admitted to baildirecting that the relevant recognizances be discharged.
- (5)
- If, at or before the time when the defendant is to appear before a court, the Attorney-General or the Director of Public Prosecutions notifies that court that an indictment has been filed against the defendant in a court of another part of Australia, the notified court must make an order directing:
- (a)
- that the defendant be taken, as soon as practicable and in the custody of such person as it directs, to the part of Australia where the indictment was filed; and
- (b)
- that the defendant there be delivered to the custody of a person who has authority to arrest the defendant;
and may make such other orders as it thinks necessary for carrying out that order.
- (6)
- An order under subsection (5) must be made:
- (a)
- if the defendant is in custodyimmediately after the court is notified under that subsection; and
- (b)
- in any other caseas soon as practicable after the time when the defendant is required to appear before the court.
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- (7)
- If:
- (a)
- the court before which the defendant is to appear is not notified by the Attorney-General or the Director of Public Prosecutions under subsection (4) or (5); and
- (b)
- the defendant is held in custody;
the court must, at the time when the defendant is required to appear before it, make an order directing that the defendant be released.
- (8)
- Where an order has been made under paragraph (1)(c) in relation to an indictment, the proceedings on the indictment, and the order, do not prevent or prejudice any other indictment or any information against the defendant on the same charge or any other charge.
- (9)
- The jurisdiction of a court under subsections (1) and (3) may be exercised by the court constituted by a single judge.
- (10)
- The jurisdiction of a court under subsection (4), (5) or (7) may be exercised by the court constituted by a single judge or magistrate.
CRIMES (AVIATION) ACT 1991
- SECT 49
Search powers
- (1)
- If, in relation to a Division 2 aircraft or a Division 3 aircraft, the person in command of the aircraft, or an authorised person, reasonably suspects that an offence against Division 2 or 3 of Part 2 has been, is being or may be committed on board, or in relation to, the aircraft, he or she may, with such assistance as is reasonably necessary, search or cause to be searched:
- (a)
- the aircraft and any person, luggage or freight on board; and
- (b)
- in the case of a Division 3 aircraft that is not engaged in a flightany person who is about to board the aircraft and any luggage or freight that is about to be placed on board.
- (2)
- If an authorised person reasonably suspects that an offence against Division 5 of Part 2 has been, is being or may be committed in respect of a Commonwealth aerodrome, or Commonwealth air navigation facilities, he or she may, with such assistance as is reasonably necessary, search or cause to be searched:
- (a)
- any person, luggage, freight or vehicle found within the limits, or in the vicinity, of the aerodrome or facilities; or
- (b)
- any area in the vicinity of the aerodrome or facilities.
- (3)
- A person may only be searched under this section by someone who is of the same sex.
CRIMES (AVIATION) ACT 1991
- SECT 50
Operation of other laws
- (1)
- Subject to this section, this Act does not exclude or limit the operation of any other law of the Commonwealth, or of a State or Territory.
- (2)
- If:
- (a)
- a person's act or omission is both an offence against this Act and an offence against another Act or against a law of a State or Territory; and
- (b)
- the person is convicted of either of those offences;
the person cannot also be convicted of the other offence.
- (3)
- If a person has been convicted of an offence in respect of an act or omission under the law of a foreign country, the person cannot also be convicted of an offence against this Act in respect of that act or omission.
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CRIMES (AVIATION) ACT 1991
- SECT 51
Arrangements about magistrates
- (1)
- The Governor-General may:
- (a)
- arrange with the Governor of a State for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of that State; or
- (b)
- arrange with the Administrator of the Northern Territory or of Norfolk Island for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of the Northern Territory or of Norfolk Island, as the case may be.
- (2)
- The Minister may arrange with the Chief Minister for the Australian Capital Territory for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of that Territory.
- (3)
- A copy of each arrangement under this section must be published in the Gazette.
CRIMES (AVIATION) ACT 1991
- SECT 52
Regulations
- (1)
- The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
- (a)
- required or permitted by this Act to be prescribed; or
- (b)
- necessary or convenient for carrying out or giving effect to this Act or to the Hague Convention, the Montreal Convention, the Tokyo Convention or the Protocol;
and, in particular, may make regulations:
- (c)
- about the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation and the payment of witnesses' expenses in proceedings before magistrates under this Act; and
- (d)
- about any other matter of practice or procedure in connection with such proceedings; and
- (e)
- about the protection and immunity of magistrates, legal practitioners and witnesses in connection with such proceedings; and
- (f)
- imposing pecuniary penalties of not more than $500, for offences against the regulations; and
- (g)
- making such transitional and savings provisions as are necessary or convenient as a result of the repeal of all or any of the repealed Acts and the enactment of this Act.
- (2)
- Despite section 53, regulations made under paragraph (1)(g) may provide for the continued operation of specified provisions of any of the repealed Acts in relation to prescribed persons or matters, or in prescribed circumstances.
CRIMES (AVIATION) ACT 1991
- SECT 53
Repeals
The following Acts are repealed:
- (a)
- the Civil Aviation (Offenders on International Aircraft) Act 1970;
- (b)
- the Crimes (Aircraft) Act 1963;
- (c)
- the Crimes (Hijacking of Aircraft) Act 1972;
- (d)
- the Crimes (Protection of Aircraft) Act 1973.
CRIMES (AVIATION) ACT 1991
- SECT 54
Transitional and savings
- (1)
- A person who, immediately before the commencing day, was an authorised person for the purposes of a provision of the Civil Aviation (Offenders on International Aircraft) Act 1970, the Crimes (Hijacking of Aircraft) Act 1972 or the Crimes (Protection of Aircraft) Act 1973, is, on and after that day, taken to be an authorised person for the purposes of the corresponding provision of this Act unless and until the Minister, by written instrument, determines otherwise.
- (2)
- A person who, immediately before the commencing day, was an authorised person for the purposes of section 26 of the Crimes (Aircraft) Act 1963 is, on and after that day, taken to be appointed to be an authorised person for the purposes of section 49 of this Act.
- (3)
- A notice published in the Gazette under section 19 of the Civil Aviation (Offenders on International Aircraft) Act 1970, section 25 of the Crimes (Hijacking of Aircraft) Act 1972, or section 22 of the Crimes (Protection of Aircraft) Act 1973, and in force immediately before the commencing day, continues to have effect on and after that day as if it were a notice published in the Gazette under section 43 of this Act.
- (4)
- Subject to section 31 and the regulations, where, before the commencing day, a person had been arrested, taken into custody or remanded in custody, or was being held in custody, under a provision of the Civil Aviation (Offenders on International Aircraft) Act 1970, the Crimes (Hijacking of Aircraft) Act 1972 or the Crimes (Protection of Aircraft) Act 1973, that Act continues to apply in relation to the person on and after that day as if it had not been repealed.
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CRIMES (AVIATION) ACT 1991
Schedule 1Convention for the Suppression of Unlawful Seizure of Aircraft
Section 3
PREAMBLE
THE STATES PARTIES TO THIS CONVENTION
CONSIDERING that unlawful acts of seizure or exercise of control of aircraft in flight jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;
CONSIDERING that the occurrence of such acts is a matter of grave concern;
CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
Any person who on board an aircraft in flight: - (a)
- unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or
- (b)
- is an accomplice of a person who performs or attempts to perform any such act,
commits an offence (hereinafter referred to as "the offence").
ARTICLE 2
Each Contracting State undertakes to make the offence punishable by severe penalties.
ARTICLE 3
1. For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.
2. This Convention shall not apply to aircraft used in military, customs or police services.
3. This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.
4. In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that Article.
5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 8 and 10 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of that aircraft.
ARTICLE 4
1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases: - (a)
- when the offence is committed on board an aircraft registered in that State;
- (b)
- when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;
- (c)
- when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.
2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.
ARTICLE 5
The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means,
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designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.
ARTICLE 6
1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
2. Such State shall immediately make a preliminary enquiry into the facts.
3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representatives of the State of which he is a national.
4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft, the State mentioned in Article 4, paragraph 1(c), the State of nationality of the detained person and, if it considers it advisable, any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.
ARTICLE 7
The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.
ARTICLE 8
1. The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them.
2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State.
3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offence as an extraditable offence between themselves subject to the conditions provided by the law of the requested State.
4. The offence shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 4, paragraph 1.
ARTICLE 9
1. When any of the acts mentioned in Article 1(a) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.
2. In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.
ARTICLE 10
1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the State requested shall apply in all cases.
2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.
ARTICLE 11
Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning: (a) the circumstances of the offence; (b) the action taken pursuant to Article 9;
(c) the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.
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ARTICLE 12
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.
3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.
ARTICLE 13
1. This Convention shall be open for signature at The Hague on 16 December 1970, by States participating in the International Conference on Air Law held at The Hague from 1 to 16 December 1970 (hereinafter referred to as The Hague Conference). After 31 December 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.
2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments.
3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this convention which participated in The Hague Conference.
4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.
6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
ARTICLE 14
1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.
2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their Governments, have signed this Convention.
DONE at The Hague, this sixteenth day of December, one thousand nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages. CRIMES (AVIATION) ACT 1991
Schedule 2Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
Section 3
THE STATES PARTIES TO THIS CONVENTION
CONSIDERING that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;
CONSIDERING that the occurrence of such acts is a matter of grave concern;
CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
1. Any person commits an offence if he unlawfully and intentionally: - (a)
- performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or
- (b)
- destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or
- (c)
- places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or
- (d)
- destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or
- (e)
- communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.
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2. Any person also commits an offence if he:
- (a)
- attempts to commit any of the offences mentioned in paragraph 1 of this Article; or
- (b)
- is an accomplice of a person who commits or attempts to commit any such offence.
ARTICLE 2
For the purposes of this Convention: - (a)
- an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;
- (b)
- an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.
ARTICLE 3
Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties.
ARTICLE 4
1. This Convention shall not apply to aircraft used in military, customs or police services.
2. In the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if: - (a)
- the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or
- (b)
- the offence is committed in the territory of a State other than the State of registration of the aircraft.
3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.
4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State.
5. In the cases contemplated in subparagraph (d) of paragraph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation.
6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1.
ARTICLE 5
1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases: - (a)
- when the offence is committed in the territory of that State;
- (b)
- when the offence is committed against or on board an aircraft registered in that State;
- (c)
- when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;
- (d)
- when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.
2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1(a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.
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ARTICLE 6
1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
2. Such State shall immediately make a preliminary enquiry into the facts.
3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.
4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the States mentioned in Article 5, paragraph 1, the State of nationality of the detained person and, if it considers it advisable, any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.
ARTICLE 7
The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.
ARTICLE 8
1. The offences shall be deemed to be included as extraditable offences in any extradition treaty existing between Contracting States. Contracting States undertake to include the offences as extraditable offences in every extradition treaty to be concluded between them.
2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences. Extradition shall be subject to the other conditions provided by the law of the requested State.
3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.
4. Each of the offences shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 5, paragraph 1(b), (c) and (d).
ARTICLE 9
The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.
ARTICLE 10
1. Contracting States shall, in accordance with international and national law, endeavour to take all practicable measures for the purpose of preventing the offences mentioned in Article 1.
2. When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any Contracting State in whose territory the aircraft or passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.
ARTICLE 11
1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. The law of the State requested shall apply in all cases.
2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.
ARTICLE 12
Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1.
ARTICLE 13
Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as
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possible any relevant information in its possession concerning: - (a)
- the circumstances of the offence;
- (b)
- the action taken pursuant to Article 10, paragraph 2;
- (c)
- the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.
ARTICLE 14
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.
3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.
ARTICLE 15
1. This Convention shall be open for signature at Montreal on 23 September 1971, by States participating in the International Conference on Air Law held at Montreal from 8 to 23 September 1971 (hereinafter referred to as the Montreal Conference). After 10 October 1971, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.
2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments.
3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in the Montreal Conference.
4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.
6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
ARTICLE 16
1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.
2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.
DONE at Montreal, this twenty-third day of September, one thousand nine hundred and seventy-one, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages. CRIMES (AVIATION) ACT 1991
Schedule 3Protocol
Section 3
PROTOCOL
for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,
Done at Montreal on 23 September 1971
THE STATES PARTIES TO THIS PROTOCOL
CONSIDERING that unlawful acts of violence which endanger or are likely to endanger the safety of persons at airports serving international civil aviation or which jeopardize the safe operation of such airports undermine the confidence of the peoples of the world in safety at such airports and disturb
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the safe and orderly conduct of civil aviation for all States;
CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community and that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;
CONSIDERING that it is necessary to adopt provisions supplementary to those of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, to deal with such unlawful acts of violence at airports serving international civil aviation;
HAVE AGREED AS FOLLOWS:
Article I
This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (hereinafter referred to as "the Convention"), and, as between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument.
Article II
1. In Article 1 of the Convention, the following shall be added as new paragraph 1 bis:
"1 bis. Any person commits an offence if he unlawfully and intentionally, using any device, substance or weapon: - (a)
- performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or
- (b)
- destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport,
if such an act endangers or is likely to endanger safety at that airport."
2. In paragraph 2(a) of Article 1 of the Convention, the following words shall be inserted after the words "paragraph 1" :
"or paragraph 1 bis".
Article III
In Article 5 of the Convention, the following shall be added as paragraph 2 bis:
"2 bis. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1(a) of this Article."
Article IV
This Protocol shall be open for signature at Montreal on 24 February 1988 by States participating in the International Conference on Air Law held at Montreal from 9 to 24 February 1988. After 1 March 1988, the Protocol shall be open for signature to all States in London, Moscow, Washington and Montreal, until it enters into force in accordance with Article VI.
Article V
1. This Protocol shall be subject to ratification by the signatory States.
2. Any State which is not a Contracting State to the Convention may ratify this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.
3. Instruments of ratification shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America or with the International Civil Aviation Organization, which are hereby designated the Depositaries.
Article VI
1. As soon as ten of the signatory States have deposited their instruments of ratification of this Protocol, it shall enter into force between them on the thirtieth day after the date of the deposit of the tenth instrument of ratification. It shall enter into force for each State which deposits its instrument of ratification after that date on the thirtieth day after the deposit of its instrument of ratification.
2. As soon as this Protocol enters into force, it shall be registered by the Depositaries pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
Article VII
1. This Protocol shall, after it has entered into force, be open for accession by any non-signatory State.
2. Any State which is not a Contracting State to the Convention may accede to this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.
3. Instruments of accession shall be deposited with the Depositaries and accession shall take effect on the thirtieth day after the deposit.
Article VIII
1. Any Party to this Protocol may denounce it by written notification
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addressed to the Depositaries.
2. Denunciation shall take effect six months following the date on which notification is received by the Depositaries.
3. Denunciation of this Protocol shall not of itself have the effect of denunciation of the Convention.
4. Denunciation of the Convention by a Contracting State to the Convention as supplemented by this Protocol shall also have the effect of denunciation of this Protocol.
Article IX
1. The Depositaries shall promptly inform all signatory and acceding States to this Protocol and all signatory and acceding States to the Convention: - (a)
- of the date of each signature and the date of deposit of each instrument of ratification of, or accession to, this Protocol, and
- (b)
- of the receipt of any notification of denunciation of this Protocol and the date thereof.
2. The Depositaries shall also notify the States referred to in paragraph 1 of the date on which this Protocol enters into force in accordance with Article VI.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Protocol.
DONE at Montreal on the twenty-fourth day of February of the year One Thousand Nine Hundred and Eighty-eight, in four originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.
CRIMES (AVIATION) ACT 1991
Schedule 4Convention on Offences and Certain other Acts committed on Board Aircraft
Section 3
THE STATES Parties to this Convention
HAVE AGREED as follows:
CHAPTER ISCOPE OF THE CONVENTION
Article 1
1. This Convention shall apply in respect of: - (a)
- offences against penal law;
- (b)
- acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.
2. Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any State.
3. For the purposes of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of take-off until the moment when the landing run ends.
4. This Convention shall not apply to aircraft used in military, customs or police services.
Article 2
Without prejudice to the provisions of Article 4 and except when the safety of the aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as authorizing or requiring any action in respect of offences against penal laws of a political nature or those based on racial or religious discrimination.
CHAPTER IIJURISDICTION
Article 3
1. The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.
2. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registration over offences committed on board aircraft registered in such State.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.
Article 4
A Contracting State which is not the State of registration may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board except in the following cases: - (a)
- the offence has effect on the territory of such State;
- (b)
- the offence has been committed by or against a national or permanent resident of such State;
- (c)
- the offence is against the security of such State;
- (d)
- the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in force in such State;
- (e)
- the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement.
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CHAPTER IIIPOWERS OF THE AIRCRAFT COMMANDER
Article 5
1. The provisions of this Chapter shall not apply to offences and acts committed or about to be committed by a person on board an aircraft in flight in the airspace of the State of registration or over the high seas or any other area outside the territory of any State unless the last point of take-off or the next point of intended landing is situated in a State other than that of registration, or the aircraft subsequently flies in the airspace of a State other than that of registration with such person still on board.
2. Notwithstanding the provisions of Article 1, paragraph 3, an aircraft shall for the purposes of this Chapter, be considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the provisions of this Chapter shall continue to apply with respect to offences and acts committed on board until competent authorities of a State take over the responsibility for the aircraft and for the persons and property on board.
Article 6
1. The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offence or act contemplated in Article 1, paragraph 1, impose upon such person reasonable measures including restraint which are necessary: - (a)
- to protect the safety of the aircraft, or of persons or property therein; or
- (b)
- to maintain good order and discipline on board; or
- (c)
- to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this Chapter.
2. The aircraft commander may require or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein.
Article 7
1. Measures of restraint imposed upon a person in accordance with Article 6 shall not be continued beyond any point at which the aircraft lands unless: - (a)
- such point is in the territory of a non-Contracting State and its authorities refuse to permit disembarkation of that person or those measures have been imposed in accordance with Article 6, paragraph 1(c) in order to enable his delivery to competent authorities;
- (b)
- the aircraft makes a forced landing and the aircraft commander is unable to deliver that person to competent authorities; or
- (c)
- that person agrees to onward carriage under restraint.
2. The aircraft commander shall as soon as practicable, and if possible before landing in the territory of a State with a person on board who has been placed under restraint in accordance with the provisions of Article 6, notify the authorities of such State of the fact that a person on board is under restraint and of the reasons for such restraint.
Article 8
1. The aircraft commander may, in so far as it is necessary for the purpose of subparagraph (a) or (b) of paragraph 1 of Article 6, disembark in the territory of any State in which the aircraft lands any person who he has reasonable grounds to believe has committed, or is about to commit, on board the aircraft an act contemplated in Article 1, paragraph 1(b).
2. The aircraft commander shall report to the authorities of the State in which he disembarks any person pursuant to this Article, the fact of, and the reasons for, such disembarkation.
Article 9
1. The aircraft commander may deliver to the competent authorities of any Contracting State in the territory of which the aircraft lands any person who he has reasonable grounds to believe has committed on board the aircraft an act which, in his opinion, is a serious offence according to the penal law of the State of registration of the aircraft.
2. The aircraft commander shall as soon as practicable and if possible before landing in the territory of a Contracting State with a person on board whom the aircraft commander intends to deliver in accordance with the preceding paragraph, notify the authorities of such State of his intention to deliver such person and the reasons therefor.
3. The aircraft commander shall furnish the authorities to whom any suspected offender is delivered in accordance with the provisions of this Article with evidence and information which, under the law of the State of registration of the aircraft, are lawfully in his possession.
Article 10
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For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken.
CHAPTER IVUNLAWFUL SEIZURE OF AIRCRAFT
Article 11
1. When a person on board has unlawfully committed by force or threat thereof an act of interference, seizure, or other wrongful exercise of control of an aircraft in flight or when such an act is about to be committed, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.
2. In the cases contemplated in the preceding paragraph, the Contracting State in which the aircraft lands shall permit its passengers and crew to continue their journey as soon as practicable, and shall return the aircraft and its cargo to the persons lawfully entitled to possession.
CHAPTER VPOWERS AND DUTIES OF STATES
Article 12
Any Contracting State shall allow the commander of an aircraft registered in another Contracting State to disembark any person pursuant to Article 8, paragraph 1.
Article 13
1. Any Contracting State shall take delivery of any person whom the aircraft commander delivers pursuant to Article 9, paragraph 1.
2. Upon being satisfied that the circumstances so warrant, any Contracting State shall take custody or other measures to ensure the presence of any person suspected of an act contemplated in Article 11, paragraph 1 and of any person of whom it has taken delivery. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is reasonably necessary to enable any criminal or extradition proceedings to be instituted.
3. Any person in custody pursuant to the previous paragraph shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.
4. Any Contracting State, to which a person is delivered pursuant to Article 9, paragraph 1, or in whose territory an aircraft lands following the commission of an act contemplated in Article 11, paragraph 1, shall immediately make a preliminary enquiry into the facts.
5. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft and the State of nationality of the detained person and, if it considers it advisable, any other interested State of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 4 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.
Article 14
1. When any person has been disembarked in accordance with Article 8, paragraph 1, or delivered in accordance with Article 9, paragraph 1, or has disembarked after committing an act contemplated in Article 11, paragraph 1, and when such person cannot or does not desire to continue his journey and the State of landing refuses to admit him, that State may, if the person in question is not a national or permanent resident of that State, return him to the territory of the State of which he is a national or permanent resident or to the territory of the State in which he began his journey by air.
2. Neither disembarkation, nor delivery, nor the taking of custody or other measures contemplated in Article 13, paragraph 2, nor return of the person concerned, shall be considered as admission to the territory of the Contracting State concerned for the purpose of its law relating to entry or admission of persons and nothing in this Convention shall affect the law of a Contracting State relating to the expulsion of persons from its territory.
Article 15
1. Without prejudice to Article 14, any person who has been disembarked in accordance with Article 8, paragraph 1, or delivered in accordance with Article 9, paragraph 1, or has disembarked after committing an act contemplated in Article 11, paragraph 1, and who desires to continue his journey shall be at liberty as soon as practicable to proceed to any destination of his choice unless his presence is required by the law of the State of landing for the purpose of extradition or criminal proceedings.
2. Without prejudice to its law as to entry and admission to, and extradition and expulsion from its territory, a Contracting State in whose territory a person has been disembarked in accordance with Article 8, paragraph 1, or delivered in accordance with Article 9, paragraph 1 or has disembarked and is suspected of having committed an act contemplated in Article 11, paragraph 1, shall accord to such person treatment which is no less favourable for his protection and security than that accorded to nationals of such Contracting State in like circumstances.
CHAPTER VIOTHER PROVISIONS
Article 16
1. Offences committed on aircraft registered in a Contracting State shall be
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treated, for the purpose of extradition, as if they had been committed not only in the place in which they have occurred but also in the territory of the State of registration of the aircraft.
2. Without prejudice to the provisions of the preceding paragraph, nothing in this Convention shall be deemed to create an obligation to grant extradition.
Article 17
In taking any measures for investigation or arrest or otherwise exercising jurisdiction in connection with any offence committed on board an aircraft the Contracting States shall pay due regard to the safety and other interests of air navigation and shall so act as to avoid unnecessary delay of the aircraft, passengers, crew or cargo.
Article 18
If Contracting States establish joint air transport operating organizations or international operating agencies, which operate aircraft not registered in any one State those States shall, according to the circumstances of the case, designate the State among them which, for the purposes of this Convention, shall be considered as the State of registration and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.
CHAPTER VIIFINAL CLAUSES
Article 19
Until the date on which this Convention comes into force in accordance with the provisions of Article 21, it shall remain open for signature on behalf of any State which at that date is a Member of the United Nations or of any of the Specialized Agencies.
Article 20
1. This Convention shall be subject to ratification by the signatory States in accordance with their constitutional procedures.
2. The instruments of ratification shall be deposited with the International Civil Aviation Organization.
Article 21
1. As soon as twelve of the signatory States have deposited their instruments of ratification of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the twelfth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.
2. As soon as this convention comes into force, it shall be registered with the Secretary-General of the United Nations by the International Civil Aviation Organization.
Article 22
1. This Convention shall, after it has come into force, be open for accession by any State Member of the United Nations or of any of the Specialized Agencies.
2. The accession of a State shall be effected by the deposit of an instrument of accession with the International Civil Aviation Organization and shall take effect on the ninetieth day after the date of such deposit.
Article 23
1. Any Contracting State may denounce this Convention by notification addressed to the International Civil Aviation Organization.
2. Denunciation shall take effect six months after the date of receipt by the International Civil Aviation Organization of the notification of denunciation.
Article 24
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.
3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the International Civil Aviation Organization.
Article 25
Except as provided in Article 24 no reservation may be made to this Convention.
Article 26
The International Civil Aviation Organization shall give notice to all States Members of the United Nations or of any of the Specialized Agencies: - (a)
- of any signature of this Convention and the date thereof;
- (b)
- of the deposit of any instrument of ratification or accession and the date thereof;
- (c)
- of the date on which this Convention comes into force in accordance with Article 21, paragraph 1;
- (d)
- of the receipt of any notification of denunciation and the date thereof; and
- (e)
- of the receipt of any declaration or notification made under Article 24 and the date thereof.
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IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.
DONE at Tokyo on the fourteenth day of September One thousand Nine Hundred and Sixty-three in three authentic texts drawn up in the English, French and Spanish languages.
This Convention shall be deposited with the International Civil Aviation Organization with which, in accordance with Article 19, it shall remain open for signature and the said Organization shall send certified copies thereof to all States Members of the United Nations or of any Specialized Agency.
[Here follow the signatures of the Plenipotentiaries of the signatory States] CRIMES (AVIATION) ACT 1991
Schedule 5Consequential amendments of other Acts
Note:
The amendments made by this Schedule are incorporated in the compilations on SCALEplus.
Australian Protective Service Act 1987 [repealed by Act No.64, 2004, Sch. 2 (item 2)]
Australian Security Intelligence Organization Act 1979
Extradition Act 1988
For access to the wording of the amendments made by this Schedule, see Act No. 139, 1991.
CRIMES (AVIATION) ACT 1991
Notes to the Crimes (Aviation) Act 1991
Note 1
The Crimes (Aviation Act) 1991 as shown in this compilation comprises Act No. 139, 1991 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 7 March 2000 is not included in this compilation. For subsequent information see Table A.
Table of Acts
Act
| Number and year
| Date of Assent
| Date of commencement
| Application, saving or transitional provisions
|
Crimes (Aviation) Act 1991
| 139, 1991
| 27 Sept 1991
| 16 Mar 1992 (see Gazette 1992, No. S65)
|
|
Crimes Legislation Amendment Act 1992
| 164, 1992
| 11 Dec 1992
| Ss. 3-17: 1 Feb 1993 (see Gazette 1993, No. GN1) Remainder: 8 Jan 1993
|
|
Qantas Sale Act 1992
| 196, 1992
| 21 Dec 1992
| Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (a) Schedule (Part 5): 30 Aug 1995 (see Gazette 1995, No. S324) (a)
| S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3)
|
as amended by
|
|
|
|
|
Qantas Sale Amendment Act 1993
| 60, 1993
| 3 Nov 1993
| 10 Mar 1993
|
|
Qantas Sale Amendment Act 1994
| 168, 1994
| 16 Dec 1994
| S. 3 (item 17): Royal Assent (b)
|
|
Crimes and Other Legislation Amendment Act 1994
| 182, 1994
| 19 Dec 1994
| S. 31: (c)
|
|
Transport Legislation Amendment Act (No. 2) 1995
| 89, 1995
| 20 July 1995
| S. 3 (items 27-29): 16 Nov 1995 (see Gazette 1995, No. S435) (d)
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999
| 146, 1999
| 11 Nov 1999
| Schedule 1 (items 349-351): 5 Dec 1999 (see Gazette 1999, No. S584) (e)
|
|
Australian Federal Police Legislation Amendment Act 2000
| 9, 2000
| 7 Mar 2000
| 2 July 2000 (see Gazette 2000, No. S328)
| Sch. 3 (items 20, 34, 35) [see Table A]
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
| 24, 2001
| 6 Apr 2001
| S. 4(1), (2) and Schedule 11: (f)
| S. 4(1) and (2) [see Table A]
|
Security Legislation Amendment (Terrorism) Act 2002
| 65, 2002
| 5 July 2002
| Schedule 2 (items 3, 4): 2 Aug 2002 (g)
|
|
Crimes Legislation Enhancement Act 2003
| 41, 2003
| 3 June 2003
| Schedule 2 (items 4A, 4B): Royal Assent
|
|
Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004
| 9, 2004
| 10 Mar 2004
| Schedule 2 (item 3) and Schedule 3: [see (h), Note 2 and Table A]
| Sch. 3 [see Table A]
|
Australian Federal Police and Other Legislation Amendment Act 2004
| 64, 2004
| 22 June 2004
| Schedule 2 (item 6): 1 July 2004
|
|
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004
| 127, 2004
| 31 Aug 2004
| Schedule 5 (items 1, 2): 28 Sept 2004
|
|
(a)
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The Crimes (Aviation) Act 1991 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows: (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedulethe day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedulethe day is not earlier than the 100% sale day.
(b) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Crimes (Aviation) Act 1991 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsections 2(4) and (5) of which provide as follows:
(4) The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964, the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent.
The date of commencement for 2(4) was 16 January 1995.
(5) The amendment made by this Act to Schedule 5 to the Crimes (Aviation) Act 1991 is taken to have commenced on 16 March 1992 immediately after the commencement of that Act.
(d) The Crimes (Aviation) Act 1991 was amended by the Transport Legislation Amendment Act (No. 2) 1995, subsection 2(2) of which provides as follows:
(2) The items in the Schedule (other than items 23 and 30) commence on a day or days to be fixed by Proclamation.
(e) The Crimes (Aviation) Act 1991 was amended by Schedule 1 (items 349-351) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(f) The Crimes (Aviation) Act 1991 was amended by Schedule 11 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
(g) Subsection 2(1) (item 11) of the Security Legislation Amendment (Terrorism) Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information
|
Column 1
| Column 2
| Column 3
|
Provision(s)
| Commencement
| Date/Details
|
11. Schedule 2, items 3 and 4
| The 28th day after the day on which this Act receives the Royal Assent
| 2 August 2002
|
(h)
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Subsection 2(1) (item 2) of the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Provision(s)
| Commencement
| Date/Details
|
2. Schedules 1, 2 and 3
| At the same time as section 3 of the Aviation Transport Security Act 2004
| [see Note 2]
|
Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
|
Provision affected
| How affected
|
Part 1
|
|
Division 2
|
|
S. 3
| am. No. 196, 1992; No. 182, 1994; No. 146, 1999; No. 9, 2000; No. 65, 2002; Nos. 64 and 127, 2004
|
Ss. 5, 6
| am. No. 89, 1995
|
S. 8A
| ad. No. 65, 2002
|
Ss. 9, 10
| rs. No. 24, 2001
|
Division 4
|
|
Div. 4 of Part 1
| ad. No. 24, 2001
|
S. 12A
| ad. No. 24, 2001
|
Part 2
|
|
Division 1
|
|
Ss. 13, 14
| am. No. 24, 2001
|
Division 2
|
|
S. 15
| am. No. 182, 1994; No. 24, 2001; No. 127, 2004
|
Division 3
|
|
Ss. 16-21
| am. No. 24, 2001
|
S. 22
| rs. No. 24, 2001
|
S. 23
| am. No. 89, 1995; No. 146, 1999; No. 24, 2001
|
S. 24
| am. No. 24, 2001
|
Division 4
|
|
Ss. 25, 26
| am. No. 24, 2001
|
Division 5
|
|
Ss. 27, 28
| am. No. 24, 2001
|
Part 4
|
|
S. 33
| am. No. 41, 2003
|
S. 40
| rs. No. 164, 1992
|
Part 5
|
|
Ss. 43, 44
| rs. No. 182, 1994
|
Schedule 5
|
|
Schedule 5
| am. No. 182, 1994
|
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Note 2
Note 2 Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (No. 9, 2004)
The following amendment commences on 10 March 2005 unless proclaimed earlier:
Schedule 2 3 Paragraph 23(2)(b)
After "Air Navigation Act 1920 or regulations made under that Act,", insert ", the Aviation Transport Security Act 2004 or regulations made under that Act, or".
As at 28 September 2004 the amendment is not incorporated in this compilation.
Table A
Table A
Application, saving or transitional provisions
Australian Federal Police Legislation Amendment Act 2000
(No. 9, 2000)
Schedule 3
20 Definition
In this Part:
commencing time means the time when this Part commences.
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
- (a)
- the Commissioner of the Australian Federal Police; or
- (b)
- a Deputy Commissioner of the Australian Federal Police; or
- (c)
- an AFP employee; or
- (d)
- a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35 Regulations dealing with matters of a transitional or saving nature
(1) The Governor-General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
4 Application of amendments - (1)
- Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
- (2)
- For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (No. 9, 2004)
The following provisions commence on 10 March 2005 unless proclaimed earlier:
Schedule 3
1 Regulations
(1) The Governor-General may make regulations prescribing matters:
- (a)
- required or permitted by this Act to be prescribed; or
- (b)
- necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made:
- (a)
- providing for regulations made for the purposes of particular provisions of the old Act to continue to have effect (with any prescribed alterations) for the purposes of the new Act; and
- (b)
- providing for aviation security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act; and
- (c)
- for other transitional measures in relation to the transition from the old Act to the new Act.
(3) In this item:
new Act means the Aviation Transport Security Act 2004.
old Act means the Air Navigation Act 1920 as in force immediately before the commencement of this item.
2 Aviation security program continuation
Subsection 15(2) (which deals with the obligation for aviation industry participants to comply with the transport security programs of other participants) of the Aviation Transport Security Act 2004 does not apply in relation to a program continued as a transport security program under paragraph 1(2)(b) of this Schedule.