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Civil Aviation Act 2023

International and domestic carriage of passengers and goods by air - International carriage by air

266: Designation of Parties

You could also call this:

"The Governor-General decides who is involved in international aviation agreements and when rules apply."

The Governor-General can create a special order that says who the parties are to certain conventions, such as the Warsaw Convention or the Montreal Convention. You need to know that this order can also say which territories are included for each party. The order can also state how much each party is involved in the Additional Protocol.

When the Governor-General makes this order, it is enough proof of the information in it. The order can include rules for when the changes take effect and what happens during the transition. If a party joins or leaves, the order must say when this happens.

The Governor-General's order is a type of secondary legislation, which means it has to follow certain rules, you can see Part 3 of the Legislation Act 2019 for more information about this.

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Part 8International and domestic carriage of passengers and goods by air
International carriage by air

266Designation of Parties

  1. The Governor-General may, by Order in Council, certify—

  2. the identity of—
    1. the High Contracting Parties to the amended Convention; or
      1. the Parties to the Guadalajara Convention; or
        1. the Parties to the Hague Protocol; or
          1. the Parties to Additional Protocol No 1; or
            1. the Parties to Additional Protocol No 2; or
              1. the Parties to Protocol No 4; or
                1. the High Contracting Parties to the Warsaw Convention; or
                  1. the Parties to the Montreal Convention; or
                  2. the territories in respect of which the parties referred to in paragraph (a)(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) are respectively parties; or
                    1. to what extent the parties referred to in paragraph (a)(i), (ii), (iii), (iv), (v), (vi), or (vii) have availed themselves of the Additional Protocol.

                      1. An Order in Council under this section is sufficient evidence of the matters certified in it.

                      2. An Order in Council under this section may contain transitional and other consequential provisions that the Governor-General considers to be desirable.

                      3. An Order in Council certifying the identity of Parties under subsection (1)(a) must specify the date on and from which any Party became or ceased to be a Party.

                      4. An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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                      Notes