Document ID: chunk:federal_register_of_legislation:C2018C00156:schedule:4:p1
Version: federal_register_of_legislation:C2018C00156
Segment Type: schedule
Provision Reference: sch 4 (pt 1/11)
Character Range: 97251–100017

Schedule 4—Convention on Offences and Certain other Acts committed on Board Aircraft
Section 3

THE STATES Parties to this Convention

HAVE AGREED as follows:

CHAPTER I—SCOPE OF THE CONVENTION

Article 1
 1. This Convention shall apply in respect of:
      (a) offences against penal law;
      (b) acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.
 2. Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any State.
 3. For the purposes of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of take‑off until the moment when the landing run ends.
 4. This Convention shall not apply to aircraft used in military, customs or police services.

Article 2
 Without prejudice to the provisions of Article 4 and except when the safety of the aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as authorizing or requiring any action in respect of offences against penal laws of a political nature or those based on racial or religious discrimination.

CHAPTER II—JURISDICTION

Article 3
 1. The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.
 2. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registration over offences committed on board aircraft registered in such State.
 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 4
 A Contracting State which is not the State of registration may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board except in the following cases:
      (a) the offence has effect on the territory of such State;
      (b) the offence has been committed by or against a national or permanent resident of such State;
      (c) the offence is against the security of such State;
      (d) the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in force in such State;
      (e) the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement.

CHAPTER III—POWERS OF THE AIRCRAFT COMMANDER

Article 5
 1. The provisions of this Chapter