Air Navigation Act 1961

Legislation au C1961A00072 Not in force Act

Legislation content

AIR NAVIGATION.

 

No. 72 of 1961.

An Act to amend the Air Navigation Act 1920–1960.

[Assented to 27th October, 1961.]

BE it enacted by the Queens 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 1961.

(2.) The Air Navigation Act 1920–1960 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Air Navigation Act 1920–1961.

Approval of ratification of Chicago Convention, &c.

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

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

 


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

; and (d) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on the twenty-first day of June, One thousand nine hundred and sixty-one..

Texts of Convention, &c.

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

Fifth Schedule.

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

FIFTH SCHEDULE. Section 4.

 

PROTOCOL

relating to an amendment

to the Convention

on International Civil Aviation

 

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION,

Having met in its Thirteenth (Extraordinary) Session, at Montreal, on the nineteenth day of June, 1961,

Having noted that it is the general desire of Contracting States to enlarge the membership of the Council,

Having considered it proper to provide for six additional seats in the Council and, accordingly, to increase the membership from twenty-one to twenty-seven,

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

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

In Article 50(a) of the Convention the expression twenty-one shall be deleted and substituted by twenty-seven,

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

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


Fifth Schedulecontinued.

Consequently, pursuant to the aforesaid action of the Assembly,

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

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

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

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

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

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

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

In faith whereof, the President and the Secretary General of the Thirteenth (Extraordinary) Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

Done at Montreal on the twenty-first day of June of the year one thousand nine hundred and sixty-one in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944..

 

Overview

The Air Navigation Act 1961 was enacted to amend the Air Navigation Act 1920–1960, addressing the need to update Australia's aviation regulations in line with international standards and developments. Enacted by the Parliament of the Commonwealth of Australia, the Act seeks to incorporate the latest international agreements and protocols into domestic legislation, ensuring that Australian aviation practices remain compliant with global standards set by the International Civil Aviation Organization (ICAO). Specifically, the Act includes provisions to ratify the Protocol amending Article 50(a) of the Chicago Convention, which increases the membership of the ICAO Council from twenty-one to twenty-seven, reflecting the evolving landscape of international civil aviation and the growing need for broader representation in global aviation governance.

Scope and Application

The Air Navigation Act 1961 amends the Air Navigation Act 1920–1960 to incorporate amendments to international conventions related to air navigation, particularly addressing the ratification of the Protocol amending Article 50(a) of the Chicago Convention. This Act applies to entities and individuals involved in air navigation within Australia, including aircraft operators, pilots, air traffic control authorities, and other stakeholders in the aviation industry. The jurisdictional reach of the Act is national, as it pertains to the regulation and oversight of air navigation within the Commonwealth of Australia. The Act does not specify particular exclusions or thresholds but instead extends its application to all entities and individuals engaged in activities governed by the conventions it amends. The scope of the Act is further defined and potentially expanded through subordinate instruments that may provide additional regulations or detailed guidelines necessary for its implementation.

Key Provisions

The Air Navigation Act 1961 amends the Air Navigation Act 1920–1960, which is now referred to as the Principal Act, and the combined Act may be cited as the Air Navigation Act 1920–1961. The primary amendment involves the approval of the ratification of the Protocol amending Article 50(a) of the Chicago Convention, which increases the membership of the Council from twenty-one to twenty-seven. This is detailed in section 2(a) and (b) of the Act, where the Principal Act's section three a is amended to incorporate the new protocol. Additionally, section 4 of the Principal Act is updated to include references to the Fourth and Fifth Schedules, aligning with the changes made by this Act. The obligations imposed by this Act on the relevant parties primarily revolve around the ratification and implementation of the updated membership provisions within the Council as outlined in the Chicago Convention. This involves formal processes of ratification by signatory states and adherence to the new membership structure, which now comprises twenty-seven seats instead of twenty-one. The Act mandates that these changes are to be integrated into the Principal Act, ensuring that all legal references and provisions are updated accordingly. Violations of the provisions set forth in the Air Navigation Act 1961 may result in various consequences, although specific offences and penalties are not detailed within the text of this particular Act. Generally, breaches of aviation legislation can lead to significant civil or criminal penalties, including fines and imprisonment, depending on the severity of the violation. For instance, unauthorised operation of aircraft or non-compliance with safety regulations could attract substantial fines and potential incarceration. The exact penalties would be governed by the broader aviation and international law frameworks, which this Act supplements.

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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.