Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p8
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 18398–21148

3(1) (definition of "Australian aircraft"):

  Add at the end:

    "Note: Some references to Australian aircraft may be affected by the operation of section 4A.".

21. Subsection 3(1):

  Insert:

" '83 bis agreement' means an agreement entered into under Article 83 bis of the Chicago Convention;".

22. After section 4:

  Insert:

Application to aircraft subject to 83 bis agreements

  "4A.(1) In this section:

'function' includes duties;

'this Act' includes the regulations.

"(2) Despite anything in this Act, a provision in this Act (the 'applied provision') applies to an aircraft that is registered in a Contracting State as if the aircraft were an Australian aircraft if:

     (a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of the Contracting State as the State of registry in respect of the aircraft to Australia; and

     (b) the agreement states that the applied provision relates to that function.

"(3) Despite anything in this Act, a provision in this Act (the 'disapplied provision') does not apply to an Australian aircraft if:

     (a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of Australia as the State of registry in respect of the aircraft to a Contracting State; and

     (b) the agreement states that the disapplied provision relates to that function.

"(4) Despite anything in this Act, a reference in this Act (other than subsections (2) and (3) of this section) to or in relation to:

  (a) a Contracting State in which an aircraft is registered;

includes a reference to or in relation to:

    (b) another Contracting State to which any function of the State of registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Australia in accordance with Article 83 bis of the Chicago Convention.

SCHEDULE—continued

  "(5) If:

  (a) Australia has entered into an 83 bis agreement; or

  (b) an 83 bis agreement to which Australia is a party has been amended;

the Authority must, as soon as practicable, publish a Gazette notice setting out particulars of the agreement or amendment.

  "(6) Without limiting subsection (5), the notice must set out:

  (a) the Contracting State that is the other party to the agreement; and

  (b) the date of commencement of the agreement or amendment; and

  (c) the aircraft to which the agreement or amendment relates; and

     (d) the functions of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and

     (e) the provisions of this Act that are stated in the agreement or amendment to be related to the functions.

"(7)