9 1975

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Number 9 of 1975


AIR NAVIGATION AND TRANSPORT ACT, 1975


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Trial of offences under this Act.

3.

Unlawful acts against the safety of aviation.

4.

Powers of arrest, etc., for offences, under this Act.

5.

Application of the Extradition Act, 1965, to persons arrested under this Act.

6.

Penalties for offences under section 3.

7.

Amendment of section 10 of the Air Navigation (Eurocontrol) Act, 1963.

8.

Expenses.

9.

Short title and collective citation.

SCHEDULE


Acts Referred to

Extradition Act, 1965

1965, No. 17

Offenders Act, 1907

1907, c. 17

Air Navigation (Eurocontrol) Act, 1963

1963, No. 15

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Number 9 of 1975


AIR NAVIGATION AND TRANSPORT ACT, 1975


AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, DONE AT MONTREAL ON THE 23rd DAY OF SEPTEMBER, 1971, AND TO PROVIDE FOR MATTERS RELATED THERETO. [19th June, 1975]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1. —(1) In this Act—

Act of 1965” means the Extradition Act, 1965 ;

aircraft” includes any aircraft other than state aircraft;

commander”, in relation to an aircraft, means the member of the crew who is designated as commander by the operator or, if there is no such designation, the pilot in command of the aircraft;

the Montreal Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 23rd day of September, 1971, the text of which is set out in the Schedule to this Act;

state aircraft” means aircraft of any state used in the military, customs or police services of that state.

(2) For the purposes of this Act—

(a) the period during which an aircraft is in flight shall be deemed to include—

(i) any period from the moment when all external doors of the aircraft are closed following embarkation for a flight until the moment when any external door is opened for disembarkation after that flight, and

(ii) if the aircraft makes a forced landing, any period thereafter until the time when the competent authorities of the state in which the forced landing takes place assume responsibility for the aircraft and for the persons and property on board the aircraft (being, in the case of a forced landing which takes place in the State, the time when a member of the Garda Síochána arrives at the place of landing);

(b) the period during which an aircraft is in service shall be deemed to include any period from the beginning of the pre-flight preparations of the aircraft by ground personnel or the crew for a particular flight until 24 hours after the aircraft has landed after that flight, such period in every case to include the period during which the aircraft is in flight; and any reference in this Act to an aircraft in flight or an aircraft in service shall include a reference to an aircraft during the period when it is on the surface of sea or land but not within the territorial limits of any state.

Trial of offences under this Act.

2. —Proceedings for an offence under this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

Unlawful acts against the safety of aviation.

3. —(1) For the purpose of giving effect to the Montreal Convention, a person shall be guilty of an offence if anywhere he unlawfully and intentionally—

(a) commits on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft,

(b) destroys an aircraft in service or so damages it as to render it incapable of flight or to endanger its safety in flight,

(c) places or causes to be placed on an aircraft in service any device or substance which is likely to destroy the aircraft or so damage it as to render it incapable of flight or to endanger its safety in flight,

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

(e) communicates any information which he knows to be false where the communication of the information endangers, or is likely to endanger, the safety of an aircraft in flight.

(2) A person who anywhere attempts to commit any act specified in subsection (1) of this section or aids, abets, counsels or procures the commission of such an act, or aids, abets, or counsels a person who anywhere attempts to commit such an act shall be guilty of an offence.

Powers of arrest, etc., for offences, under this Act.

4. —(1) A member of the Garda Síochána who has reason to believe that a person has committed an offence under this Act may arrest him without warrant.

(2) A member of the Garda Síochána who has reason to believe that a person who is about to board an aircraft in the State or is on board such an aircraft intends to commit, on or in relation to that aircraft, an offence under this Act may—

(a) prevent the person from boarding the aircraft or travelling on board the aircraft,

(b) without warrant enter the aircraft and remove the person from it,

(c) without warrant arrest the person.

(3) A person arrested under subsection (1) or (2) of this section may be detained in custody for a period not exceeding 48 hours and shall then be released unless before the expiration of that period either he is charged with an offence under this Act or he is brought before a justice of the District Court pursuant to the provisions of section 27 (6) of the Act of 1965 or before such a justice or a peace commissioner pursuant to the provisions of section 49 (3) or 49 (4) of that Act.

(4) (a) Where the commander or other person in charge of an aircraft which is in the State has reason to believe that a person has committed or is about to commit an offence under this Act, he may prevent the person from boarding the aircraft or, if the person is on board the aircraft, he may remove him from it.

(b) The commander or other person in charge of an aircraft shall, as soon as may be after he has, under paragraph (a) of this subsection, prevented a person from boarding an aircraft or removed him from it, notify the appropriate authority in charge of the airport both that he has prevented the person from so boarding or has so removed him and of the reasons for the prevention or removal, and the authority shall, as soon as may be after receipt of such notification, inform the Garda Síochána of such notification.

(5) If a person, who under this section is prevented from boarding or travelling on board an aircraft or is removed from an aircraft or is arrested, is not an Irish citizen or habitually resident in the State, he shall, if he is an alien who, under the law relating to aliens, could have been refused leave to land in the State, be deemed for the purposes of that law to be an alien who has been refused that leave.

(6) Where a person who is an alien who, under the law relating to aliens, could be refused leave to land in the State is in the State by reason solely of having been, under subsection (2) or (4) of this section, prevented from boarding or travelling on board an aircraft or removed from an aircraft or, under subsection (1) or (2) of this section, arrested, the person shall, for the purposes of the law relating to aliens, be deemed not to have landed in the State.

(7) A commander of an aircraft who, or an appropriate authority which, fails to comply with subsection (4) (b) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(8) The commander of an aircraft, a member of the crew of an aircraft, a passenger on an aircraft, the owner or operator of an aircraft or any person on whose behalf a flight was performed shall not be liable in the State—

(a) to conviction in any criminal prosecution, or

(b) in damages in any civil action,

brought in respect of any action taken against any person pursuant to a provision of this Act.

Application of the Extradition Act, 1965, to persons arrested under this Act.

5. —Any person arrested under section 4 (1) or 4(2) of this Act shall—

(a) if the aircraft concerned is registered in a State to which Part II of the Act of 1965 applies and (in the case of a citizen of Ireland) the extradition of the person is not prohibited by section 14 of that Act, be deemed to have been arrested pursuant to a warrant issued under section 27 of that Act, and

(b) if the aircraft concerned is registered in a place to which Part III of that Act applies, be deemed to have been arrested pursuant to a warrant issued under section 49 of that Act,

and section 15 of the Act of 1965 shall not apply in relation to the extradition of a person to whom this section applies.

Penalties for offences under section 3.

6. —(1) A person guilty of an offence under section 3 of this Act shall be liable, on conviction on indictment, to imprisonment for life or for such other term as the court considers proper.

(2) A court shall not suspend a sentence imposed under this section.

(3) Section 1 (2) of the Probation of Offenders Act, 1907, shall not apply in relation to an offence under section 3 of this Act.

Amendment of section 10 of the Air Navigation (Eurocontrol) Act, 1963.

7. Section 10 of the Air Navigation (Eurocontrol) Act, 1963 (which relates to the keeping of records of the movements of aircraft and to the use of such records as evidence) shall have effect as if the reference in subsection 1 (c) to an offence included a reference to an offence under this Act.

Expenses.

8. —The expenses incurred by any Minister of State in the administration of this Act, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title and collective citation.

9. —(1) This Act may be cited as the Air Navigation and Transport Act, 1975.

(2) This Act and the Air Navigation and Transport Acts, 1936 to 1973, may be cited together as the Air Navigation and Transport Acts, 1936 to 1975.

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 occurrence 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) communcates 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 isopened 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.

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 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.

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 Organisation 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 Organisation 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 organisation 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.

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.

(Here follow signatures on behalf of certain States).