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        Contents
 
Part 1—Preliminary
 s1.. Short title [see Note 1]
 s2.. Extension to Territories
 s2A.Act. to bind Crown
 s2B.Act. not to apply to state aircraft
 s3.. Interpretation
 s3AB.Aircraft. flights: when do they start?
 s3AC.. Aircraft flights: when do they end?
 s3AG.Application. of the Criminal Code
Part 2—Regulation of Air Navigation
Part 4—Miscellaneous
Schedule 1—Convention on International Civil Aviation
Schedule 2—International Air Services Transit Agreement
Schedule 3—Protocol relating to an amendment to the Convention on International Civil Aviation
Schedule 4—Protocol relating to certain amendments to the Convention on International Civil Aviation
Schedule 5—Protocol relating to an amendment to the Convention on International Civil Aviation
Schedule 6—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at Rome, on 15 September 1962
Schedule 7—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at New York, on 12 March 1971
Schedule 8—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at Vienna, on 7 July 1971
Schedule 9—Protocol relating to an amendment to Article 50 (a) of the Convention on International Civil Aviation Signed at Montreal, on 16 October 1974
Schedule 9A—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 6 October 1980
Schedule 10—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 10 May 1984
Schedule 11—Protocol relating to an amendment to Article 56 of the Convention on International Civil Aviation Signed at Montreal on 6 October 1989
Schedule 12—Protocol relating to an amendment to Article 50 (a) of the Convention on International Civil Aviation Signed at Montreal on 26 October 1990

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      Air Navigation Act 1920 List of acts
     

    Part 1—Preliminary

     

    1.   Short title [see Note 1]

     

    This Act may be cited as the Air Navigation Act 1920.

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    2.   Extension to Territories

     

    This Act extends to every Territory.

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    2A.Act to bind Crown

     

    This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.

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    2B.Act not to apply to state aircraft

     

    Except where the contrary intention appears, this Act does not apply to, or in relation to, a state aircraft.

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    3.   Interpretation

     

    (1)    In this Act, unless the contrary intention appears:

     

    aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

     

    aircraft operator or operator, in relation to an aircraft, means a person who conducts, or offers to conduct, an air service by the use of the aircraft.

     

    airport means an area of land or water (including any buildings, installations and equipment situated in the area) intended for use either wholly or partly for the arrival, departure or movement of aircraft.

     

    air service means a service of providing air transportation of people or goods, or both people and goods, by:

     

    (a)    regular public transport operation; or

     

    (b)    charter operation.

     

    Australian aircraft means Australian aircraft within the meaning of the Civil Aviation Act 1988.

     

    Australian territory means:

     

    (a)    the territory of Australia and of every external Territory;

     

    (b)    the territorial sea of Australia and of every external Territory; and

     

    (c)     the air space over any such territory or sea.

     

    baggage means any article or possession of a passenger or crew member that is to be carried on board an aircraft, but does not include an article that is accessible to the passenger or crew member while the aircraft is in flight.

     

    carriage means carriage anywhere on board an aircraft.

     

    charter operation means an operation of an aircraft for the purpose of:

     

    (a)    a service of providing air transportation of people or goods, or both people and goods, that:

     

    (i)      is provided for a fee payable by persons using the service; and

     

    (ii)     is not available to the general public on a regular basis;

     

    whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

     

    (b)    a service of providing air transportation of people or goods, or both people and goods, that:

     

    (i)      is provided for a fee payable by persons using the service; and

     

    (ii)     is available to the general public on a regular basis; and

     

    (iii)    is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

     

    (c)     a service of providing air transportation of people or goods, or both people and goods, that:

     

    (i)      is not provided for a fee payable by persons using the service; and

     

    (ii)     is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

     

    (iii)    is not available to the general public.

     

    Contracting State means a country, other than Australia, that is a party to the Chicago Convention.

     

    crew, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connexion with the flying or safety of the aircraft.

     

    international airline means an air transport enterprise offering or operating an international air service.

     

    international airport means an international airport designated under subsection 9(1).

     

    international air service means an air service provided by means of a flight:

     

    (a)    from a place within Australia to a place outside Australia; or

     

    (b)    from a place outside Australia to a place within Australia.

     

    nonscheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence issued by the Secretary under the regulations.

     

    pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.

     

    regular public transport operation means an operation of an aircraft for the purpose of an air service that:

     

    (a)    is provided for a fee payable by persons using the service; and

     

    (b)    is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

     

    (c)     is available to the general public on a regular basis.

     

    state aircraft means:

     

    (a)    aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of his or her duties as such a member); and

     

    (b)    aircraft used in the military, customs or police services of a country other than Australia.

     

    the Air Transit Agreement means the International Air Services Transit Agreement concluded at Chicago on 7 December 1944.

     

    the Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.

     

    the International Air Transport Association means the association incorporated under that name by Act 910 George VI., Chapter 51, of the Parliament of Canada.

     

    the International Civil Aviation Organization means the organization, so named, formed under Article 43 of the Chicago Convention.

     

    the Secretary means the Secretary to the Department.

     

    thing includes any substance.

     

    threaten has the meaning given by section 3AA.

     

    (2)    Any reference in this Act to a contravention of, or failure to comply with, a provision of this Act includes a reference to a contravention of, or failure to comply with, an instruction, direction, condition or requirement issued, given, made or imposed in pursuance of this Act.

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    3AB.Aircraft flights: when do they start?

     

    For the purposes of this Act, a flight of an aircraft is taken to start:

     

    (a)    when the last external door is closed in preparation for the first movement of the aircraft for the purpose of taking off on the flight; or

     

    (b)    if the aircraft moves, before all the external doors are closed, for the purpose of taking off on the flight—when it first so moves.

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    3AC.   Aircraft flights: when do they end?

     

    (1)    Subject to this section, a flight of an aircraft is, for the purposes of this Act, taken to end when the first external door is opened after the aircraft comes to rest on the next landing it makes after starting the flight.

     

    (2)    If an aircraft makes a forced landing, its flight is, for the purposes of this Act, taken to end when the competent authorities take over responsibility for the aircraft and for the people and property on board.

     

    (3)    If, after an aircraft starts a flight:

     

    (a)    the aircraft is destroyed before the flight is taken to have ended under subsection (1) or (2); or

     

    (b)    the flight is abandoned;

     

    the flight is, for the purposes of this Act, taken to end when the aircraft is destroyed, or the flight is abandoned, as the case may be.

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    3AG.Application of the Criminal Code

     

    Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.

     

    Note:  Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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