Air Navigation Act 1947

Legislation au C1947A00006 Not in force Act

Legislation content

AIR NAVIGATION.

 

No. 6 of 1947.

An Act to approve the Ratification on behalf of Australia of the Convention on International Civil Aviation concluded at Chicago on the seventh day of December, One thousand nine hundred and forty-four, and for other purposes.

[Assented to 2nd April, 1947.]

[Date of commencement, 30th April, 1947.]

Preamble.

WHEREAS a Convention on International Civil Aviation was concluded at Chicago on the seventh day of December One thousand nine hundred and forty-four:

And Whereas Australia is a party to the said Convention:

And Whereas it is desirable that the ratification on behalf of Australia of the said Convention be approved by the Parliament and necessary provision made for carrying out and giving effect to the said Convention:

Be it therefore enacted by the Kings Most Excellent Majesty the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

Short title and citation.

1.(1.) This Act may be cited as the Air Navigation Act 1947.

(2.) The Air Navigation Act 19201936 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Air Navigation Act 19201947.

Definitions

2. Section three of the Principal Act is amended by omitting the definitions of Territories and the Convention and inserting in their stead the following definitions:

“‘Territory includes a Territory administered as a trust territory by Australia in pursuance of Chapter XII. of the Charter of the United Nations;

“‘the Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on the seventh day of December, One thousand nine hundred and forty four;.

3. After section three of the Principal Act the following section is inserted:

Approval of ratification of Chicago Convention.

3a. The ratification on behalf of Australia of the Chicago Convention is approved.


Power to give effect to Paris Convention

4. Section four of the Principal Act is amended—

(a) by omitting the word Convention (first occurring) and inserting in its stead the words Paris Convention (being the Convention for the Regulation of Aerial Navigation signed in Paris on the thirteenth day of October, One thousand nine hundred and nineteen); and

(b) by inserting before the word Convention (second occurring) the word Paris.

5. After section four of the Principal Act the following section is inserted:

Power to give effect to Chicago Convention

5. The Governor-General may make regulations for the purpose of carrying out and giving effect to the Chicago Convention and the provisions of any amendment of the Chicago Convention made under Article ninety-four thereof and for the purpose of providing for the control of air navigation—

(a) in relation to trade and commerce with other countries and among the States;

(b) in relation to the Naval and Military defence of the Commonwealth and of the several States;

(c) in relation to postal and other like services;

(d) within any Territory of the Commonwealth;

(e) within any State the Parliament of which has referred to the Parliament of the Commonwealth the matter of the control of air navigation within that State; and

(f) for carrying out and giving effect to any other international convention or agreement relating to air navigation to which Australia is or becomes a party.

Repeal

6. Section four of the Principal Act as amended by this Act shall cease to have effect as at midnight on the ninth day of August, One thousand nine hundred and forty-seven and shall be deemed to be repealed as at that time.

 

Overview

The Air Navigation Act 1947 was enacted to approve the ratification on behalf of Australia of the Convention on International Civil Aviation, also known as the Chicago Convention, concluded at Chicago on 7 December 1944. This Act was assented to on 2 April 1947 and commenced on 30 April 1947. The Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to provide for the control of air navigation within Australia and its territories, in accordance with the Chicago Convention, and to repeal the existing Air Navigation Act 1920–1936 to align with the new international standards. It aimed to ensure that Australia's aviation regulations were in harmony with international practices, facilitating smoother and safer international air travel.

Scope and Application

The Air Navigation Act 1947 is an Australian Act that provides for the ratification of the Convention on International Civil Aviation, commonly known as the Chicago Convention, and amends the Air Navigation Act 1920–1936 to incorporate the new provisions. This Act applies to the control and regulation of air navigation within Australia and its territories, encompassing both domestic and international flights. It extends to all states and territories of Australia and provides the framework for implementing international air navigation conventions and agreements. The Act authorises the Governor-General to make regulations necessary for the implementation of the Chicago Convention and any subsequent amendments, as well as other international air navigation conventions to which Australia is a party. The Act also repeals certain sections of the previous Air Navigation Act 1920–1936, aligning it with the new international standards set forth in the Chicago Convention. This legislative change ensures that Australia's air navigation laws are in compliance with international standards and facilitates the safe and orderly growth of international civil aviation.

Key Provisions

The Air Navigation Act 1947 (referred to as the “Act”) primarily serves to approve the ratification of the Convention on International Civil Aviation, known as the Chicago Convention, on behalf of Australia. This is evident in section 3a of the Act, which states that the ratification of the Chicago Convention by Australia is approved. Additionally, section 5 grants the Governor-General the authority to create regulations necessary for implementing the Chicago Convention and any amendments thereto, as well as for controlling air navigation across various domains such as trade, defence, and postal services within Australian territories and states. The Act imposes several obligations on the parties and entities it governs. Under section 5, the Governor-General is mandated to make regulations to effectively enforce the Chicago Convention, its amendments, and other international air navigation agreements to which Australia is a party. These regulations must address air navigation in relation to trade and commerce, defence, postal services, within any Australian territory, and within states where the control of air navigation has been referred to the Commonwealth Parliament. Breaches of the regulations made under this Act can result in significant legal consequences. The Act itself does not explicitly state the penalties for violations, but depending on the nature of the breach, it could lead to civil or criminal proceedings. The severity of the penalties would depend on the specific regulation being breached and could include fines, imprisonment, or other sanctions as prescribed by the relevant laws and regulations. It is crucial for entities governed by this Act to adhere to the regulations to avoid such consequences.

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International Law
Instrument
Act
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Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.