Air Navigation Act 1963

Legislation au C1963A00008 Not in force Act

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AIR NAVIGATION.

 

No. 8 of 1963.

An Act to amend the Air Navigation Act 1920–1961.

[Assented to 20th May, 1963.]

[Date of commencement, 17th June, 1963.]

BE it enacted by the Queen’s 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 1963.

(2.) The Air Navigation Act 1920–1961 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 1920–1963.

Approval of ratification of Chicago Convention, &c.

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

(a) by omitting from paragraph (c) 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 (e) the Protocol amending Article 48 (a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on the fourteenth day of September, One thousand nine hundred and sixty-two.”.

Texts of Convention, &c.

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

Sixth Schedule.

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


Section 4 SIXTH SCHEDULE.

—

PROTOCOL

RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION

Signed at Rome, on 15 September 1962

The Assembly of the International Civil Aviation Organization,

Having Met in its Fourteenth Session, at Rome, on the twenty-first day of August, 1962,

Having Noted that it is the general desire of contracting States that the minimum number of contracting States which may request the holding of an extraordinary meeting of the Assembly should be increased from the present figure of ten,

Having Considered it proper to increase the said number to one-fifth of the total number of contracting States,

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 fourteenth day of September of the year one thousand nine hundred and sixty-two, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention:

In Article 48 (a) of the Convention, the second sentence be deleted and substituted by “An extraordinary meeting of the Assembly may be held at any time upon the call of the Council or at the request of not less than one-fifth of the total number of contracting States addressed to the Secretary General.”

Specified, pursuant to the provisions of the said Article 94 (a) of the said Convention, sixty-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.

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 sixty-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 Fourteenth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

Done at Rome on the fifteenth day of September of the year one thousand nine hundred and sixty-two 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 aforementioned.

Overview

The Air Navigation Act 1963, enacted in 1963 by the Parliament of Australia, was introduced to amend the Air Navigation Act 1920–1961, which previously governed the regulation of air navigation in Australia. The 1963 Act addresses the need to update and incorporate international conventions and agreements into Australian legislation to ensure compliance with global standards in air navigation. It specifically includes amendments to align with the Chicago Convention and the Protocol amending Article 48(a) of the Convention, which was approved by the Assembly of the International Civil Aviation Organization on 14th September 1962. The policy objective of this Act is to enhance the safety, regularity, and efficiency of international air navigation by incorporating international amendments into domestic law. This legislation, enacted to reflect the evolving nature of international air navigation agreements, ensures that Australia's air navigation laws remain current and in compliance with international standards. By ratifying the amendments to the Chicago Convention, Australia acknowledges its commitment to facilitating smoother and safer international air travel, while also reflecting its role as a responsible member of the global aviation community.

Scope and Application

The Air Navigation Act 1963 amends the Air Navigation Act 1920–1961 to incorporate international standards and agreements into Australian law, thereby updating the regulatory framework governing air navigation. This Act applies to all persons, entities, and industries involved in aviation activities within Australian territory, including pilots, aircraft operators, air traffic service providers, and relevant government authorities. Its jurisdictional reach is national, as it is a Commonwealth Act. The Act extends its application through subordinate instruments, which may further define and regulate specific aspects of air navigation in alignment with international conventions, such as the Chicago Convention on International Civil Aviation. The Act does not explicitly state exclusions, exemptions, or thresholds, but it incorporates international protocols that govern the minimum number of contracting states required to request an extraordinary meeting of the Assembly of the International Civil Aviation Organization.

Key Provisions

The Air Navigation Act 1963 amends the Air Navigation Act 1920-1961 by incorporating international agreements and protocols that govern air navigation. Specifically, Section 2 amends Section three a of the Principal Act to include the Protocol amending Article 48(a) of the Chicago Convention, which was approved by the International Civil Aviation Organization's Assembly on 14 September 1962. This amendment modifies the conditions under which an extraordinary meeting of the Assembly can be convened. Section 3 of the Act updates the Principal Act by including the Sixth Schedule, which pertains to the amendment of the Chicago Convention. Section 4 adds a Sixth Schedule to the Principal Act, detailing the protocol relating to the amendment of the Convention on International Civil Aviation, including the process for ratifying and implementing the amendment. The obligations imposed by the Air Navigation Act 1963 on the parties and entities it governs include adherence to the updated international protocols and conventions. This means that Australia, as a signatory to the Chicago Convention and its amendments, must ensure that its air navigation practices and regulations align with the updated provisions. Specifically, the Act requires that the minimum number of contracting States necessary to request an extraordinary meeting of the Assembly be increased to one-fifth of the total number of contracting States. This change necessitates that Australian authorities involved in international air navigation are aware of and comply with the new threshold for convening extraordinary meetings. Violations of the provisions set out in the Air Navigation Act 1963 could lead to various consequences, both civil and criminal. While the Act does not explicitly state penalties for non-compliance, breaches of international aviation agreements can result in significant diplomatic and legal repercussions. Non-compliance could potentially lead to sanctions or other measures by the International Civil Aviation Organization, and it could also affect Australia's standing in international aviation forums. Furthermore, if non-compliance leads to safety issues or other breaches of aviation regulations, it could result in criminal charges under other relevant Australian laws, with penalties including fines and imprisonment.

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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.