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force, including laws relating to the entry or clearance of
passengers, crew or cargo, immigration, passports, customs and
quarantine”.
1.13 Section 22 of the Civil Aviation Act 1988
1.13.1 This section gives effect in Australian law to the provisions of
Article 3 of the Chicago Convention, which prohibits the use of
force against civil aircraft and provides for the regulation of civil
aircraft flying over the territory of foreign countries without
authorisation or for any purpose that is inconsistent with the aims
of the Chicago Convention.
1.13.2 A major requirement of this legislation is that aircraft under
Australian jurisdiction shall not be flown over the territory of a
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foreign country without authorisation or for a purpose that is
prejudicial to the security, public order or safety of air navigation in
that country. If an aircraft is being flown in these circumstances,
the pilot in command must comply with an order to land or any
other instruction that is given by an authorised official of the foreign
country.
1.13.3 The legislation provides for the pilot in command who is found
guilty of an offence under this legislation to be subject to severe
penalty. Ancillary offenders (for example, the operator) may be
prosecuted under the Crimes Act.
1.13.4 Operators should note that nothing in this legislation relieves
obligations which any other law, including the law of a foreign
country, might impose. An Australian aircraft which is flying with
proper authorisation over the territory of a foreign country is
required to obey a direction legally given by the aeronautical
authorities of the country concerned, just as a foreign aircraft flying
over Australian territory is required to obey a lawful direction which
may be given by the relevant Australian authorities.
1.14 Restrictions on Noisy Jet Aircraft
1.14.1 Under the Air Navigation (Aircraft Noise) Regulations, aircraft
operating in Australian airspace are required to meet current noise
standards (eg, ICAO Annex 16 Chapter 3 for subsonic jet aircraft).
Limited exemptions are available for aircraft that do not meet these
standards. Additional information on aircraft noise may be
obtained by contacting:
Head
Aviation Environment Policy Section
Department of Transport & Regional Services
PO Box 594
CANBERRA ACT 2601
Australia
Tel: +61-2-6274 7993
Fax: +61-2-6274 7804
E-mail: plans@dotars.gov.au
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1.15 Australian Operational Documents Available to Pilots
Licensed by Another State Proposing to Visit Australia
1.15.1 Airservices Australia has available, on a payment basis, to pilots
licensed by another State proposing to come to Australia, the
following documents which relate to the proposed flight:
a. IFR Flight Documents Australian AIP Book; En Route,
Planning and Terminal Charts; Departure and Approach
Procedures and En Route Supplement Australia (ERSA).
b. VFR Flight Documents Australian AIP Book; En Route,
Planning and Visual Terminal Charts, and ERSA.
1.15.2 To secure appropriate documents, a pilot should write to the
Airservices Australia Publications Unit, Locked Bag 8500,
Canberra ACT 2601 (Fax: +61-2-6268 5111; E-mail:
publications.unit@airservicesaustralia.com), at least two months
in advance of the proposed departure date giving the expected
date of departure, the proposed airport of arrival in Australia and
an address in the country of departure to which documents can be
forwarded.
1.15.3 On receipt of this advice, a document order form will be
despatched. This form should be annotated with document
requirements and returned with payment ($AUD) to Airservices’
address listed at para 1.15.2.
1.15.4 If the visiting pilot intends to remain in Australia for some time, an
Australian address should be nominated to which amendments to
documents can be forwarded. However, the pilot should advise
Airservices of the intended departure date from Australia so that
the amendment service can be cancelled.
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2. DESIGNATED INTERNATIONAL AIRPORTS – AUSTRALIA
Note: Operations by aircraft at all of the airports listed in the
following section are limited to the pavement strength shown
against the airport in AIP ERSA. Prior application must be made to
the airport operator for a pavement concession where this is
necessary.
2.1 Major International Airports
2.1.1 “Major International Airport” means an airport of entry and
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