Crimes (Protection of Aircraft) Act 1973

Crimes (Protection of Aircraft)

Act 1973

No. 34 of 1973

AN ACT

To approve Ratification by Australia of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, to give effect to that Convention and to provide for the Punishment of Unlawful Acts of the kinds dealt with by that Convention in certain circumstances in which that Convention does not apply.

[Assented to 27 May 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1. This Act may be cited as the Crimes (Protection of Aircraft) Act 1973.

Commencement.

2. (1) Sections 1, 2, 3, 6, 21, 22 and 23 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Convention enters into force for Australia.

Interpretation.

3. (1) In this Act, unless the contrary intention appears—

“aircraft” includes any machine that can derive support in the atmosphere from the reactions of the air;

“Australia” includes all the Territories;

“Australian aircraft” means-

(a) an aircraft registered or required to be registered in accordance with the Air Navigation Regulations as an Australian aircraft; or

(b) an Australian Government aircraft;

“Australian Government aircraft” means an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth, and includes a defence aircraft;

“authority of the Commonwealth " includes Qantas Airways Limited;

“authorized person” means-

(a) a person appointed by the Minister, by instrument in writing, to be an authorized person for the purposes of the provision in which the expression occurs; or

(b) a person included in a class of persons appointed by the Minister, by instrument in writing, to be authorized persons for the purposes of the provision in which the expression occurs;

“Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, being the Convention a copy of the text of which in the English language is set out in the Schedule;

“Convention offence” means an offence against this Act in respect of which the circumstances referred to in paragraph 7(2)(a) are applicable;

“defence aircraft” means an aircraft of any part of the Defence Force, and includes, an aircraft that is being commanded or piloted by a member of that Force in the course of his duties as such a member;

“Magistrate” means-

(a) a person who holds office as a Chief, Stipendiary, Police, Resident or Special Magistrate of a Territory; or

(b) a person who holds office as a Chief, Stipendiary, Police, Resident or Special Magistrate of a State and in respect of whom an arrangement in force under section 21 is applicable;

“part of Australia” means a State or Territory;

“prescribed flight” means a flight—

(a) in the course of trade and commerce with other countries or among the States; or

(b) within a Territory, between two Territories or between a State and a Territory;

“visiting government aircraft” means an aircraft that is owned or operated by the government of a country other than Australia, or of a part of such a country, and is in Australia or is engaged in a flight that commenced in Australia or a flight that commenced outside Australia and ends, or is intended to end, in Australia.

(2) For the purposes of references in this Act to a flight of an aircraft—

(a) a flight of an aircraft shall be taken to be a flight between two parts of Australia where the flight commences in either of those parts and ends, or is, at the commencement of the flight, intended to end, in the other of those parts; and

(b) a flight of an aircraft shall be taken to be a flight within a Territory where the flight commences in that Territory and ends, or is, at the commencement of the flight, intended to end, in that Territory, whether or not the aircraft goes, or may or will go, in the course of the flight, outside the Territory.

(3) In this Act, the expressions “in flight” and “in service”, in relation to an aircraft, have the same meanings as they have in the Convention by virtue of Article 2 of the Convention.

(4) A reference in this Act to Australia or a part of Australia shall be read as including a reference to the territorial waters of Australia or to the territorial waters of Australia adjacent to that part of Australia, as the case may be.

Extension of Act to Territories.

4. This Act extends to every Territory.

Extraterritorial operation of Act.

5. This Act extends, except so far as the contrary intention appears—

(a) to acts, omissions, matters and things outside Australia, whether or not in or over a foreign country; and

(b) to all persons, irrespective of their nationality or citizenship.

Approval of ratification of Convention.

6. Approval is given to ratification by Australia of the Convention.

Offences.

7. (1) A person is. guilty of an offence against this Act—

(a) if he unlawfully and intentionally—

(i) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft;

(ii) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight;

(iii) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight;

(iv) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

(v) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight;

(b) if he attempts to do, unlawfully and intentionally, an act referred to in paragraph (a); or

(c) if he is an accomplice of a person who does or attempts to do, unlawfully and intentionally, an act referred to in paragraph (a),

and the circumstances specified in any paragraph of sub-section (2) are applicable, whether or not another of those paragraphs is applicable.

(2) The circumstances referred to in sub-section (1) are—

(a) where the Convention requires Australia to make the conduct punishable;

(b) except in the case of conduct to which paragraph (c) of this subsection applies, where the aircraft concerned is-

(i) an aircraft in service in the course of, or in connexion with, a prescribed flight;

(ii) an Australian Government aircraft; or

(iii) a visiting government aircraft;

(c) in the case of conduct (including conduct specified in paragraph (1) (b) or (c)) that relates to air navigation facilities—the air navigation facilities are used in connexion with prescribed flights, flights of Australian Government aircraft or flights of visiting government aircraft; or

(d) where the conduct is conduct of an Australian citizen outside Australia.

(3) The penalty for an offence against this Act is—

(a) in the case of conduct specified in either of sub-paragraphs (1)(a)(i) and (ii) or conduct specified in paragraph (1)(b) or (c) that relates to conduct specified in either of those sub-paragraphs—imprisonment for a term not exceeding fourteen years; or

(b) in the case of conduct specified in any of sub-paragraphs (1)(a)(iii), (iv) and (v), or conduct specified in paragraph (1)(b) or (c) that relates to conduct specified in any of those sub-paragraphs imprisonment for a term not exceeding seven years,

(4) A person is not liable to be tried for an offence against this Act by virtue of paragraph (2)(a) unless the offence is one over which Australia is required by Article 5 of the Convention to establish its jurisdiction.

Taking of offenders into custody.

8. (1) Where an authorized person has reasonable grounds to suspect that a person has committed an act by reason of which Article 6 of the Convention applies to Australia in respect of him, or is otherwise guilty of an offence against this Act, the authorized person–

(a) may cause that person to be taken into custody; and

(b) shall cause a person so taken into custody–

(i) to be brought before a Magistrate as soon as practicable, to be dealt with in accordance with section 12; and

(ii) to be held in custody until he can be so brought before a Magistrate.

(2) Nothing in this section prevents the arrest of a person for an offence against this Act in accordance with the law relating to the arrest of offenders against the laws of the Commonwealth.

(3) Where a person is required to be brought before a Magistrate in accordance with this Act and, but for this sub-section, that person would also be required to be brought before a Magistrate in accordance with the Civil Aviation (Offenders on International Aircraft) Act 1970, he shall be brought before a Magistrate in accordance with this Act only and shall be dealt with accordingly.

Arrest of offenders, &c.

9. (1) This section applies to–

(a) an Australian aircraft, whether in or outside Australia; or

(b) any other aircraft, while it is in Australia or engaged in a prescribed flight.

(2) The person in command of an aircraft to which this section applies may, with such assistance as is necessary, arrest without warrant a person whom he finds committing, or reasonably suspects of having committed, an offence against this Act on board the aircraft, and that

person in command or a person authorized by him may hold the person so arrested in custody until he can be taken into other custody in accordance with section 8 or brought before a Justice of the Peace or other proper authority to be dealt with in accordance with law.

(3) The person in command of an aircraft to which this section applies may, where he considers it necessary so to do in order to prevent an offence against this Act on board the aircraft, with such assistance as he thinks necessary—

(a) place a person who is on board the aircraft under restraint or in custody and keep him under restraint or in custody until the next landing of the aircraft; and

(b) remove a person from the aircraft at any place at which the aircraft is on the ground.

(4) Nothing in this section prevents the arrest of a person in accordance with any other law.

Person who escapes may be apprehended.

10. If a person who is in custody under this Act in a State or Territory escapes from that custody, he may be apprehended in the same manner as a person may, under the law of that State or Territory, be apprehended upon an escape from lawful custody, and may be returned to the custody from which he escaped.

Holding of preliminary inquiry.

11. (1) Where a person is taken into custody in accordance with section 8, or has been arrested on a charge of a Convention offence, the Minister or an authorized person may, if he considers that an inquiry of the kind authorized by this section is appropriate to the circumstances, by notice in writing, authorize a Magistrate to hold an inquiry into the facts relating to the alleged offence.

(2) Upon receipt of the notice, the Magistrate shall–

(a) take the evidence of each witness appearing before him to give evidence in the inquiry in like manner as if the witness were giving evidence on a charge against a person for an indictable offence against the law in force in the State or Territory of which he is a Magistrate;

(b) cause a record in writing to be made of the evidence and certify at the end of the record that the evidence was taken by him; and

(c) cause the record so certified to be sent to the Attorney-General.

(3) The evidence of such a witness may be taken in the presence or absence of the person taken into custody or charged with the offence and the certificate by the Magistrate under sub-section (2) shall state whether that person was present or absent when the evidence was taken.

(4) The evidence shall not be taken in the absence of the person unless the Magistrate is satisfied that there is good reason why that person cannot be present or should not be permitted to be present or that that person has declined to be present.

(5) The Minister or authorized person authorizing an inquiry in accordance with this section may, in appropriate circumstances, direct that the inquiry in accordance with this section and an inquiry that is or has been authorized (whether by him or by another person) in accordance with section 10 of the Civil Aviation (Offenders on International Aircraft) Act 1970 shall be conducted as the one inquiry.

Proceedings before Magistrate.

12. (1) Where—

(a) a person is brought or appears before a Magistrate in accordance with section 8 or on the expiration of a period of remand fixed under sub-section (2) or in pursuance of a warrant issued under sub-section (4); and

(b) there is produced to the Magistrate a warrant for the apprehension of the person for the purposes of criminal or extradition proceedings in connexion with an offence,

the Magistrate shall make such order as is appropriate to facilitate the execution of the warrant.

(2) Where, in the circumstances referred to in paragraph (1)(a), a warrant referred to in paragraph (1)(b) is not produced to the Magistrate, the Magistrate shall—

(a) if he is satisfied that further time is reasonably required for determining whether criminal or extradition proceedings should be instituted against the person—remand, or further remand, the person, either in custody or on bail, for a period not exceeding seven days; or

(b) if he is not so satisfied—order that the person be released from custody.

(3) Where a Magistrate remands, or further remands, a person in custody under sub-section (2), the person shall, at the expiration of the period of remand or further remand, be brought before that Magistrate or another Magistrate.

(4) If a person who has been remanded on bail under sub-section (2) does not appear before a Magistrate at the time and place mentioned in the recognizance entered into by him on being granted bail, a Magistrate may issue a warrant for the apprehension of the person and for bringing him before a Magistrate.

Release of person remanded in custody.

13. (1) Where a person remanded under sub-section 12(2) is in custody under that remand at the expiration of two months after—

(a) the date of the order of remand by virtue of which his period of custody on remand commenced; or

(b) if an application for a writ of habeas corpus has been made by the person—the date of the decision of the court to which the

application was made or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,

whichever is the later, the Supreme Court of the State or Territory in which the person is held in custody, upon application made to it by the person and upon proof that reasonable notice of the making of the application has been given to the Attorney-General, shall, unless reasonable cause is shown for the delay, order that the person be released from custody.

(2) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred upon the Supreme Court of each Territory, to hear and determine applications under this section.

(3) The jurisdiction of a court for the purposes of this section may be exercised by the court constituted by a single judge.

Conditions of custody on remand.

14. The laws in force in a State or Territory with respect to—

(a) the conditions under which persons charged with offences against the law of that State or Territory are held in custody on remand;

(b) the treatment of such persons while so held in custody; and

(c) the transfer of such persons from one prison or other place of confinement to another,

apply, so far as they are capable of application, in relation to persons who are held in custody on remand, in accordance with an order under subsection 12(2), in the prisons or other places of confinement of the State or Territory.

Certain documents admitted in evidence.

15. (1) This section applies to proceedings—

(a) under section 12;

(b) in respect of an offence against this Act, the Crimes (Aircraft) Act 1963 or the Crimes (Hijacking of Aircraft) Act 1972;

(c) under the Extradition (Commonwealth Countries) Act 1966-1973; or

(d) under the Extradition (Foreign States) Act 1966-1973.

(2) A document certified by the Attorney-General to be a record of evidence sent to him under sub-section 11 (2) is admissible in evidence in proceedings to which this section applies and, when admitted, the evidence recorded in it is evidence in the proceedings.

(3) In proceedings in respect of an offence against this Act or another Act referred to in paragraph (1)(b), the Magistrate or court hearing the proceedings shall not admit in evidence a document referred to in subsection (2), or a part of such a document, unless it appears to the Magistrate or court that, having regard to all the circumstances, it would be contrary to the interests of justice not to do so.

Jurisdiction of courts

16. (1) A provision of the Judiciary Act 1903-1969 by which a court of a State is invested with jurisdiction with respect to offences against the laws of the Commonwealth has effect, in relation to offences against this Act, as if that jurisdiction were expressed to be so invested without limitation as to locality, other than the limitation required by section 80 of the Constitution.

(2) Subject to section 80 of the Constitution, a court of a Territory has the like jurisdiction in respect of an offence against this Act committed outside the Territory on an aircraft that lands in the Territory with the alleged offender on board as it would have if the offence had been committed in the Territory.

(3) The trial on indictment of an offence against this Act not committed within a State may be held by a court of competent jurisdiction at any place where the court may sit.

Prosecutions.

17. (1) Proceedings for the commitment of a person for trial on indictment for an offence against this Act, shall not be instituted except with the consent in writing of the Attorney-General or a person authorized by the Attorney-General, by writing under his hand, to give such consents.

(2) Notwithstanding that a consent has not been given in relation to the offence in accordance with sub-section (1)—

(a) a person may be charged with an offence against this Act;

(b) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and

(c) a person so charged may be remanded in custody or on bail,

but no further step in proceedings of a kind referred to in that sub-section shall be taken in relation to the offence until such a consent has been given.

(3) Nothing in sub-section (2) shall prevent the discharging of the accused if proceedings are not continued within a reasonable time.

Provision of relation to venue.

18. (1) Where, in the trial on indictment in a court of a State or Territory of an offence committed on an aircraft in flight, an act constituting in whole or in part the offence charged is proved, it shall be presumed, unless the evidence shows the contrary, that that act did not take place in another part of Australia, being a State.

(2) In a prosecution for an offence against this Act committed on an aircraft in flight, if the information, complaint or indictment specifies the flight in which the aircraft was engaged, it is not necessary for the information, complaint or indictment to state the part of Australia or other place at which the offence was committed.

Change of venue.

19. (1.) Where, at any time after the presentation in a court of a State or Territory of an indictment for an offence against this Act committed on an aircraft in flight and before the jury has returned its verdict—

(a) the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia, being a State; and

(b) the Judge is satisfied that the offence, if committed, was committed in that other part of Australia,

the Judge shall forthwith order that the proceedings on the indictment be discontinued and, if the jury has been empanelled, that the jury be discharged, and that the defendant appear before that court or another court of the first-mentioned State or Territory at a specified time, not later than twenty-eight days after the date on which the order is made, to be dealt with in accordance with this section.

(2) Where a Judge makes an order under sub-section (1), he may also—

(a) order that the defendant be kept in such custody as is specified in the order; or

(b) admit the defendant to bail, on such recognizances as the Judge thinks fit.

(3) If, before the time at which the defendant is to appear before a court, the Attorney-General notifies that court that he does not intend to file an indictment against the defendant in a court of another part of Australia, the first-mentioned court shall, as soon as practicable after being so notified, make an order–

(a) discharging the defendant from his obligation to appear before that court at that time; and

(b) directing-

(i) if the defendant is held in custody—that he be released; or

(ii) if he has been admitted to bail—that the recognizances upon which he was admitted to bail be discharged.

(4) If, at or before the time at which the defendant is to appear before a court, the Attorney-General notifies that court that he has filed an indictment against the defendant in a court of another part of Australia, the first-mentioned court shall—

(a) if the defendant is in custody—forthwith; or

(b) in any other case—as soon as practicable after the time at which the defendant is to appear before that court,

make an order directing that the defendant be taken, as soon as practicable, in the custody of such person as it directs, to the part of Australia in which the indictment was filed and there be delivered to the custody of a person having authority to arrest him, and may make such further orders as it thinks necessary for facilitating the carrying into effect of the first-mentioned order.

(5) If—

(a) the Attorney-General—

(i) does not, before the time at which the defendant is to appear before a court, notify that court that he does not intend to file an indictment against the defendant in a court of another part of Australia; and

(ii) does not, at or before that time, notify the first-mentioned court that he has filed such an indictment; and

(b) the defendant is in custody,

the first-mentioned court shall, at that time, make an order directing that he be released.

(6) Where an order has been made under sub-section (1) in relation to an indictment, the proceedings on that indictment do not, and that order does not, prevent or prejudice any other indictment, or any information, against the defendant, whether on the same charge or on any other charge.

(7) The jurisdiction of a court under sub-section (3), (4) or (5) may be exercised by the court constituted by a single judge or Magistrate.

Operation of other laws.

20. (1) Except as provided by this section, this Act is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

(2) Where an act or omission of a person is both an offence against this Act and an offence against another Act or against a law of a State or Territory and that person is convicted of either of those offences, he is not liable to be convicted of the other of those offences.

(3) Where a person has been convicted of an offence in respect of an act or omission under the law of a country outside Australia, he is not liable to be convicted of an offence against this Act in respect of that act or omission.

Arrangement with Governor of State.

21. (1) The Governor-General may arrange with the Governor of a State for the performance by all or any of the persons who, from time to time, hold office as Chief, Stipendiary, Police, Resident or Special Magistrates of that State of the functions of a Magistrate under this Act.

(2) A copy of each arrangement made under this section shall be published in the Gazette.

Evidence of certain matters.

22. (1) All courts shall take judicial notice of the fact that the Convention entered into force in accordance with paragraph 3 of Article 15 of the Convention on 28th January, 1973

(2) The Minister may, by instrument published in the Gazette, declare—

(a) that the Convention entered into force for a specified country on a specified date; or

(b) that a specified country has denounced the Convention and that the denunciation took effect on a specified date.

(3) The country specified in an instrument under sub-section (2) may be Australia.

(4) Subject to sub-section (5), production of a copy of the Gazette containing an instrument purporting to be an instrument making a declaration in accordance with paragraph (2)(a) is evidence of the matter declared by the instrument and that the specified country has not denounced the Convention.

(5) Production of a copy of the Gazette containing an instrument purporting to be an instrument making a declaration in accordance with paragraph (2)(b) is evidence of the matter declared.

(6) A certificate signed by the Minister and certifying as to matters concerning a notice given to the International Civil Aviation Organization, and communicated to Australia, in accordance with Article 9 of the Convention, is evidence of the matters certified and that the notice was duly given to that organization.

Regulations.

23. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act or the Convention and, in particular, making provision for or in relation to—

(a) the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation and the payment of expenses of witnesses in proceedings before Magistrates under this Act or any other matter of practice or procedure in connexion with such proceedings;

(b) the protection and immunity of Magistrates, barristers and solicitors and witnesses in connexion with such proceedings; and

(c) Penalties not exceeding a fine of Two hundred dollars for offences against the regulations

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Section 3

SCHEDULE

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST

THE SAFETY OF CIVIL AVIATION

The States Parties to this Convention

CONSIDERING that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

CONSIDERING that the occurence of such acts is a matter of grave concern;

CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

Have agreed as follows:

Article 1

1. Any person commits an offence if he unlawfully and intentionally:

(a) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

(b) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

(d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

(e) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

2. Any person also commits an offence if he:

(a) attempts to commit any of the offences mentioned in paragraph 1 of this Article; or

(b) is an accomplice of a person who commits or attempts to commit any such offence.

Article 2

For the purposes of this Convention:

(a) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

(b) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.

Article 3

Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties.

Article 4

1. This Convention shall not apply to aircraft used in military, customs or police services.

2. In the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if:

(a) the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or

(b) the offence is committed in the territory of a State other than the State of registration of the aircraft.

SCHEDULE-continued

3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.

4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State.

5. In the cases contemplated in subparagraph (d) of paragraph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation.

6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1.

Article 5

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:

(a) when the offence is committed in the territory of that State;

(b) when the offence is committed against or on board an aircraft registered in that State;

(c) when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;

(d) when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 6

1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary enquiry into the facts.

3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the States mentioned in Article 5, paragraph 1, the State of nationality of the detained person and, if it considers it advisable, any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

Article 8

1. The offences shall be deemed to be included as extraditable offences in any extradition treaty existing between Contracting States. Contracting States undertake to include the offences as extraditable offences in every extradition treaty to be concluded between them.

SCHEDULE-continued

2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Each of the offences shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 5, paragraph 1(b), (c) and (d).

Article 9

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which

shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 10

1. Contracting States shall, in accordance with international and national law, endeavour to take all practicable measures for the purpose of preventing the offences mentioned in Article 1.

2. When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any Contracting State in whose territory the aircraft or passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 11

1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 12

Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1.

Article 13

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning:

(a) the circumstances of the offence;

(b) the action taken pursuant to Article 10, paragraph 2;

(c) the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.

Article 14

1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

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2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.

3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.

Article 15

1. This Convention shall be open for signature at Montreal on 23 September 1971, by States participating in the International Conference on Air Law held at Montreal from 8 to 23 September 1971 (hereinafter referred to as the Montreal Conference). After 10 October 1971, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments.

3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in the Montreal Conference.

4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.

6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article 16

1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.

2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.

IN witness whereof the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.

DONE at Montreal, this twenty-third day of September, one thousand nine hundred and seventy-one, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

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