CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970 [Note: This Act is "repealed" by Act No. 139 of 1991]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - TABLE OF
PROVISIONS
TABLE
CIVIL AVIATION (OFFENDERS ON
INTERNATIONAL AIRCRAFT) ACT 1970-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
4. Extension to Territories
5. Approval of accession by Australia
6. Certain provisions of the Tokyo Convention to have force of law
7. Authorized person may accept delivery of person in accordance
with
the Convention
8. Restoration of aircraft to lawful commander
9. Person who escapes may be apprehended
10. Holding of inquiry under paragraph 4 of Article 13
11. Application of the Migration Act
12. This Act not to limit Migration Act, &c.
13. Proceedings before a Magistrate
14. Issue of warrant for non-appearance
15. Certain documents may be admitted in evidence
16. Release of person remanded in custody
17. Conditions of custody on remand
18. Arrangement with the Governor of a State
19. Evidence of certain matters
20. Regulations
THE SCHEDULE
Convention on Offences and Certain other Acts Committed On Board Aircraft
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - PREAMBLE
SECT
CIVIL AVIATION (OFFENDERS ON
INTERNATIONAL AIRCRAFT) ACT 1970-1973
An Act relating to a Convention on Offences and certain other Acts committed
on board Aircraft.
Preamble. WHEREAS a Convention entitled ''Convention on Offences and certain
other Acts committed on board Aircraft'' (being the Convention a copy of the
English text of which is set out in the Schedule to this Act) was opened for
signature in Tokyo on the fourteenth day of September, One thousand nine
hundred and sixty-three:
AND WHEREAS it is desirable that Australia accede to the Convention and
that, for that purpose, provision be made for giving effect to the
Convention:
BE it therefore enacted by the Queen's Most Excellent Majesty, the Senate,
and the House of Representatives of the Commonwealth of Australia, as
follows:-
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 1.
Short title.
SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Civil Aviation (Offenders on International
Aircraft) Act 1970-1973.*
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 2.
Commencement.
SECT
2.* (1) Sections 1, 2 and 5 of this Act shall come into operation on the day
on which this Act receives the Royal Assent.
(2) The remaining sections of this Act shall come into operation on a date
to be fixed by Proclamation, not being earlier than the date on which the
accession of Australia to the Tokyo Convention takes effect.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 3.
Definitions.
SECT
Amended by No. 216, 1973, s. 3.
3. In this Act, unless the contrary intention appears-
''authorized person'' means-
(a) a person appointed by the Minister, by instrument in writing, to be
an authorized person for the purposes of the provision in which the expression
occurs; or
(b) a person included in a class of persons appointed by the Minister,
by instrument in writing, to be authorized persons for the purposes of the
provision in which the expression occurs;
''Magistrate'' means-
(a) a person who holds office as a Chief, Stipendiary, Police, Resident
or Special Magistrate of a Territory; or
(b) a person who holds office as a Chief, Stipendiary, Police, Resident
or Special Magistrate of a State and in respect of whom an arrangement in
force under section 18 of this Act is applicable;
''the Migration Act'' means the Migration Act 1958-1966;
''the Tokyo Convention'' means the Convention a copy of the English text of
which is set out in the Schedule to this Act.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 4.
Extension to Territories.
SECT
Amended by No. 216, 1973, s. 3.
4. This Act extends to every Territory.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 5.
Approval of accession by Australia.
SECT
5. Approval is given to accession by Australia to the Tokyo Convention.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 6.
Certain provisions of the Tokyo Convention to have force of law.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
6. (1) The provisions of Chapter III of the Tokyo Convention have the force
of law by virtue of this section and, as so having the force of law-
(a) have extra-territorial operation; and
(b) extend to all persons, whether Australian citizens or not, and whether
resident in the Commonwealth or a Territory or not.
(2) The provisions of paragraph 1 of Article 16 of the Tokyo Convention have
the force of law by virtue of this section.
(3) The provisions of Chapter I of the Tokyo Convention, in so far as those
provisions affect the application or interpretation of Chapter III or
paragraph 1 of Article 16 of the Tokyo Convention, have the force of law by
virtue of this section.
(4) For the purposes of a provision of the Tokyo Convention as having the
force of law by virtue of this section, an aircraft the subject of a notice
given to the International Civil Aviation Organization in accordance with
Article 18 of the Tokyo Convention shall be deemed to be registered in the
State designated in the notice as the State which is to be considered as the
State of registration of the aircraft.
(5) For the purposes of section 38 of the Judiciary Act 1903-1969, a matter
arising under a provision of the Tokyo Convention as having the force of law
by virtue of this section shall be deemed not to be a matter arising directly
under a treaty.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 7.
Authorized person may accept delivery of person in accordance with the
Convention.
SECT
7. (1) An authorized person may accept delivery of a person delivered in
accordance with paragraph 1 of Article 9 of the Tokyo Convention.
(2) Where an authorized person accepts delivery of a person under the last
preceding sub-section, the authorized person shall cause him to be brought
before a Magistrate, as soon as practicable, to be dealt with in accordance
with section 13 of this Act and shall cause the person to be held in custody
until he can be so brought before a Magistrate.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 8.
Restoration of aircraft to lawful commander.
SECT
8. (1) Where, in pursuance of paragraph 1 of Article 11 of the Tokyo
Convention, Australia is required to take all appropriate measures to restore
control of an aircraft to its lawful commander or to preserve his control of
the aircraft, an authorized person may take such action, and, in particular,
may use such force and assistance, as he considers necessary to comply with
the requirement.
(2) Where an authorized person has reasonable grounds to suspect that a
person has committed, or has attempted to commit, an act referred to in
paragraph 1 of Article 11 of the Tokyo Convention, the authorized person may
cause that person to be taken into custody.
(3) Where a person is so taken into custody, the authorized person shall
cause him to be brought before a Magistrate, as soon as practicable, to be
dealt with in accordance with section 13 of this Act and shall cause the
person to be held in custody until he can be so brought before a Magistrate.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT. 9.
Person who escapes may be apprehended.
SECT
Amended by No. 216, 1973, s. 3.
9. If a person who is in custody under this Act in a State or Territory
escapes from that custody, he may be apprehended in the same manner as a
person accused of an offence against the law in force in the State or
Territory may be apprehended upon an escape from lawful custody, and may be
returned to the custody from which he escaped.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
10.
Holding of inquiry under paragraph 4 of Article 13.
SECT
10. (1) The Minister or an authorized person may, by notice in writing,
authorize a Magistrate to hold an inquiry for the purposes of paragraph 4 of
Article 13 of the Tokyo Convention.
(2) Upon receipt of the notice, the Magistrate shall-
(a) take the evidence of each witness appearing before him to give evidence
in the inquiry in like manner as if the witness were giving evidence on a
charge against a person for an indictable offence against the law in force in
the State or Territory of which he is a magistrate;
(b) cause a record, in writing, to be made of the evidence and certify at
the end of the record that the evidence was taken by him; and
(c) cause the record so certified to be sent to the Attorney-General.
(3) The evidence of such a witness may be taken in the presence or absence
of the person (if any) in custody in connexion with the circumstances that led
to the holding of the inquiry, and the certificate by the Magistrate under the
last preceding sub-section shall state whether a person was so in custody and,
if so, whether that person was present or absent when the evidence was taken.
(4) The evidence shall not be taken in the absence of the person (if any) in
custody in connexion with the circumstances that led to the holding of the
inquiry unless the Magistrate is satisfied that there is good reason why that
person cannot be present or should not be permitted to be present or that that
person has declined to be present.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
11.
Application of the Migration Act.
SECT
11. Where a person-
(a) has been disembarked in Australia in accordance with paragraph 1 of
Article 8 of the Tokyo Convention;
(b) has been delivered in Australia in accordance with paragraph 1 of
Article 9 of the Tokyo Convention; or
(c) has been taken into custody in Australia under sub-section (2) of
section 8 of this Act,
and Australia is, under the Tokyo Convention, entitled to exercise in relation
to the person the powers of a State of landing under paragraph 1 of Article
14, the person shall be deemed, for the purposes of the Migration Act (other
than Division 4 of Part II), to be an immigrant who entered Australia at the
time of his disembarkation or delivery or his being taken into custody.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
12.
This Act not to limit Migration Act, &c.
SECT
12. Nothing in this Act limits the application of the Migration Act or of a
law of a Territory (being a Territory not forming part of the Commonwealth)
that relates to the deportation of persons from the Territory.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
13.
Proceedings before a Magistrate.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
13. (1) Where-
(a) a person-
(i) is brought before a Magistrate in accordance with section 7 or
section 8 of this Act or on the expiration of a period of remand fixed under
the next succeeding sub-section or in pursuance of a warrant issued under the
next succeeding section; or
(ii) having been remanded on bail in accordance with the next succeeding
sub-section, appears before a Magistrate at the time and place mentioned in
the recognizance entered into by him on being granted bail; and
(b) there is produced to the Magistrate-
(i) a warrant for the apprehension of the person for the purposes of
criminal or extradition proceedings in connexion with an offence in relation
to his conduct on board the aircraft or in connexion with any other offence;
or
(ii) a deportation order in respect of the person in force under the
Migration Act or, if the proceedings before the Magistrate are in an external
Territory, in force under a law of that Territory,
the Magistrate shall make such order as is appropriate to facilitate the
execution of the warrant or the carrying out of the deportation order, as the
case may be, referred to in paragraph (b) of this sub-section.
(2) Where, in the circumstances referred to in paragraph (a) of the last
preceding sub-section, a warrant or deportation order referred to in paragraph
(b) of that sub-section is not produced to the Magistrate, the Magistrate
shall-
(a) if he is satisfied that further time is reasonably required for
determining whether criminal or extradition proceedings should be instituted,
or a deportation order should be made, against the person-remand, or further
remand, the person, whether in custody or on bail, for a period not exceeding
seven days; or
(b) if he is not so satisfied-order that the person be released from
custody.
(3) Where a Magistrate remands, or further remands, a person in custody
under the last preceding sub-section, the person shall, at the expiration of
the period of remand or further remand, be brought before that Magistrate or
another Magistrate.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
14.
Issue of warrant for non-appearance.
SECT
14. If a person who has been remanded on bail under sub-section (2) of the
last preceding section does not appear before a Magistrate at the time and
place mentioned in the recognizance entered into by him on being granted bail,
the Magistrate may adjourn the proceedings and may issue a warrant for the
apprehension of the person and for bringing him before a Magistrate.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
15.
Certain documents may be admitted in evidence.
SECT
15. (1) This section applies to proceedings under-
(a) section 13 of this Act;
(b) the Crimes (Aircraft) Act 1963;
(c) the Extradition (Commonwealth Countries) Act 1966-1968; or
(d) the Extradition (Foreign States) Act 1966-1968.
(2) A document certified by the Attorney-General to be a record of evidence
sent to him under sub-section (2) of section 10 of this Act is admissible in
evidence in proceedings to which this section applies and, when admitted, the
evidence recorded in it is evidence in the proceedings.
(3) In proceedings under the Crimes (Aircraft) Act 1963, the magistrate or
court hearing the proceedings shall not admit in evidence a document referred
to in the last preceding sub-section, or a part of such a document, unless it
appears to the magistrate or court that, having regard to all the
circumstances, it would be contrary to the interests of justice not to do so.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
16.
Release of person remanded in custody.
SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
16. (1) Where a person remanded under sub-section (2) of section 13 of this
Act is in custody at the expiration of two months after-
(a) the date of the order of remand by virtue of which his period of
custody on remand commenced; or
(b) if an application for a writ of habeas corpus has been made by the
person-the date of the decision of the court to which the application was made
or, where an appeal has been brought from that decision to another court, the
date of the decision of the other court,
whichever is the later, the Supreme Court of the State or Territory in which
the person is held in custody, upon application made to it by the person and
upon proof that reasonable notice of the making of the application has been
given to the Attorney-General, shall, unless reasonable cause is shown for the
delay, order that the person be released from custody.
Amended by No. 216, 1973, s. 3.
(2) The Supreme Court of each State is invested with federal jurisdiction,
and jurisdiction is conferred upon the Supreme Court of each Territory, to
hear and determine applications under this section.
(3) The jurisdiction of a court for the purposes of this section may be
exercised by the court constituted by a single judge.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
17.
Conditions of custody on remand.
SECT
Amended by No. 216, 1973, s. 3.
17. The laws of a State or Territory with respect to-
(a) the conditions under which persons charged with offences against the
law of that State or Territory are held in custody on remand;
(b) the treatment of such persons while so held in custody; and
(c) the transfer of such persons from one prison or other place of
confinement to another,
apply, so far as they are capable of application, in relation to persons who
are held in custody on remand, in accordance with an order under sub-section
(2) of section 13 of this Act, in the prisons or other places of confinement
of the State or Territory.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
18.
Arrangement with the Governor of a State.
SECT
18. (1) The Governor-General may arrange with the Governor of a State for
the performance by all or any of the persons who, from time to time, hold
office as Chief, Stipendiary, Police, Resident or Special Magistrates of that
State of the functions of a Magistrate under this Act.
(2) A copy of each arrangement made under this section shall be published in
the Gazette.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
19.
Evidence of certain matters.
SECT
19. (1) The Minister may, by instrument published in the Gazette, from time
to time, declare-
(a) that a country specified in the declaration is a country that has
ratified or acceded to the Tokyo Convention and that that ratification or
accession took effect on a date specified in the declaration; or
(b) that a country specified in the declaration has denounced the Tokyo
Convention and that that denunciation took effect on a date specified in the
declaration.
(2) Subject to the next succeeding sub-section, an instrument by which a
declaration referred to in paragraph (a) of the last preceding sub-section is
made is evidence of the matters declared and is evidence that the country
specified in the declaration has not denounced the Tokyo Convention.
(3) An instrument by which a declaration referred to in paragraph (b) of
sub-section (1) of this section is made is evidence of the matters declared.
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - SECT.
20.
Regulations.
SECT
20. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that by this Act are required or permitted to be
prescribed, or that are necessary or convenient to be prescribed for carrying
out or giving effect to this Act or the Tokyo Convention and, in particular,
making provision for or in relation to-
(a) the summoning of witnesses, the production of documents, the taking of
evidence on oath or affirmation, and the payment of expenses of witnesses, in
proceedings before Magistrates under this Act or any other matter of practice
or procedure in connexion with such proceedings;
(b) the protection and immunity of Magistrates, barristers and solicitors
and witnesses in connexion with such proceedings; and
(c) penalties not exceeding a fine of Two hundred dollars for offences
against the regulations.
-----------
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - THE
SCHEDULE
SCH
THE SCHEDULE
Section
3
CONVENTION
ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT
THE STATES Parties to this Convention
HAVE AGREED as follows:
CHAPTER I-SCOPE 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 II-JURISDICTION
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.
CHAPTER III-POWERS 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
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 IV-UNLAWFUL 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 V-POWERS 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 VI-OTHER PROVISIONS
Article 16
1. Offences committed on aircraft registered in a Contracting State shall be
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 VII-FINAL 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.
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]
------------------------------------------------------------------------------
--
CIVIL AVIATION (OFFENDERS ON INTERNATIONAL AIRCRAFT) ACT 1970-1973 - NOTE
NOTE
1. The Civil Aviation (Offenders on International Aircraft) Act 1970-1973
comprises the Civil Aviation (Offenders on International Aircraft) Act 1970 as
amended by the other Act specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Civil Aviation
(Offenders on
International Aircraft)
Act 1970 No. 17, 1970 12 June 1970 Ss. 1, 2 and 5:
Royal
Assent
Remainder: 20
Sept
1970 (see
Gazette
1970, p. 6262)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------