Commonwealth Numbered Acts

AIR NAVIGATION AMENDMENT ACT 1986 No. 69 of 1986 - SECT 8

8. The Principal Act is amended by adding at the end the following Schedule:
                                 "SCHEDULE 10                         Section
4
PROTOCOL
relating to an amendment to the
Convention on International Civil Aviation
signed at Montreal on 10 May 1984 THE ASSEMBLY OF THE INTERNATIONAL CIVIL
AVIATION ORGANIZATION
HAVING MET in its Twenty-fifth Session (Extraordinary) at Montreal on 10 May
1984,
HAVING NOTED that international civil aviation can greatly help to create and
preserve friendship and understanding among the nations and peoples of the
world, yet its abuse can become a threat to general security,
HAVING NOTED that it is desirable to avoid friction and to promote that
cooperation
between nations and peoples upon which the peace of the world
depends,
HAVING NOTED that it is necessary that international civil aviation may be
developed in a safe and orderly manner,
HAVING NOTED that in keeping with elementary considerations of humanity the
safety and the lives of persons on board civil aircraft must be assured,
HAVING NOTED that in the Convention on International Civil Aviation done at
Chicago on the seventh day of December 1944 the contracting States
- recognize that every State has complete and exclusive sovereignty over the
airspace above its territory,
- undertake, when issuing regulations for their state aircraft, that they
will have
due regard for the safety of navigation of civil aircraft, and
- agree not to use civil aviation for any purpose inconsistent with the aims
of the
Convention,
HAVING NOTED the resolve of the contracting States to take appropriate
measures
designed to prevent the violation of other States' airspace and the use of
civil
aviation for purposes inconsistent with the aims of the Convention and to
enhance
further the safety of international civil aviation,
HAVING NOTED the general desire of contracting States to reaffirm the
principle
of non-use of weapons against civil aircraft in flight,
1. DECIDES that it is desirable therefore to amend the Convention on
International
Civil Aviation done at Chicago on the seventh day of December 1944,
2. APPROVES, in accordance with the provision of Article 94(a) of the
Convention
aforesaid, the following proposed amendment to the said Convention:
Insert, after Article 3, a new Article 3 bis:
'Article 3 bis

   (a)  The contracting States recognize that every State must refrain
from
resorting to the use of weapons against civil aircraft in flight and that,
in case
of interception, the lives of persons on board and the safety of aircraft
must
not be endangered. This provision shall not be interpreted as modifying in
any way the rights and obligations of States set forth in the Charter of
the
United Nations.

   (b)  The contracting States recognize that every State, in the exercise
of
its sovereignty, is entitled to require the landing at some designated
airport of
a civil aircraft flying above its territory without authority or if there
are
reasonable grounds to conclude that it is being used for any purpose
inconsistent
with the aims of this Convention; it may also give such aircraft any other
instructions to put an end to such violations. For this purpose, the
contracting
States may resort to any appropriate means consistent with relevant rules
of
international law, including the relevant provisions of this Convention,
specifically paragraph (a) of this Article. Each contracting State agrees
to
publish its regulations in force regarding the interception of civil
aircraft.

   (c)  Every civil aircraft shall comply with an order given in
conformity
with paragraph (b) of this Article. To this end each contracting State
shall
establish all necessary provisions in its national laws or regulations to
make
such compliance mandatory for any civil aircraft registered in that State
or
operated by an operator who has his principal place of business or
permanent
residence in that State. Each contracting State shall make any violation
of
such applicable laws or regulations punishable by severe penalties and
shall
submit the case to its competent authorities in accordance with its laws
or
regulations.

   (d)  Each contracting State shall take appropriate measures to prohibit
the deliberate use of any civil aircraft registered in that State or
operated by
an operator who has his principal place of business or permanent residence
in that State for any purpose inconsistent with the aims of this
Convention.
This provision shall not affect paragraph (a) or derogate from paragraphs

   (b) 
and (c) of this Article.',
3. SPECIFIES, pursuant to the provision of the said Article 94(a) of the said
Convention, one hundred and two as the number of contracting States upon
whose ratification the proposed amendment aforesaid shall come into force,
and
4. RESOLVES that the Secretary General of the International Civil Aviation
Organization draw up a Protocol, in the English, French, Russian and Spanish
languages, each of which shall be of equal authenticity, embodying the
proposed
amendment above-mentioned and the matter hereinafter appearing:

   (a)  The Protocol shall be signed by the President of the Assembly and its
Secretary General.

   (b)  The Protocol shall be open to ratification by any State which has
ratified
or adhered to the said Convention on International Civil Aviation.

   (c)  The instruments of ratification shall be deposited with the
International
Civil Aviation Organization.

   (d)  The Protocol shall come into force in respect of the States which have
ratified it on the date on which the one hundred and second instrument
of
ratification is so deposited.

   (e)  The Secretary General shall immediately notify all contracting States
        of
the date of deposit of each ratification of the Protocol.

   (f)  The Secretary General shall notify all States parties to the said
Convention
of the date on which the Protocol comes into force.

   (g)  With respect to any contracting State ratifying the Protocol after the
date
aforesaid, the Protocol shall come into force upon deposit of its
instrument
of ratification with the International civil Aviation Organization.
CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,
This Protocol has been drawn up by the Secretary General of the Organization
.
IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid
Twenty-fifth Session (Extraordinary) of the Assembly of the International
Civil
Aviation Organization, being authorized thereto by the Assembly, sign this
Protocol.
DONE at Montreal on the 10th day of May of the year one thousand nine hundred
and eighty-four, in a single document in the English, French, Russian and
Spanish
languages, each text being equally authentic. This Protocol shall remain
deposited
in the archives of the International Civil Aviation Organization, and
certified
copies thereof shall be transmitted by the Secretary General of the
Organization
to all States parties to the Convention on International Civil Aviation done
at
Chicago on the seventh day of December 1944.".