- Laws of Fiji

Last Updated: 15 January 2013

[CIA 12,980] Agreement for transfer of Functions and Duties in accordance with Article 83 bis of the Chicago Convention24

(1) This regulation authorises the transfer of all or part of the State of Registry's functions and duties in respect of an aircraft under Articles 12, 30, 31 and 32(a) of the Chicago Convention from any contracting State to the Republic of Fiji or from the Republic of Fiji to any contracting State when there is in place an Article 83 bis agreement between the Republic of Fiji and that contracting State.

(2) The State of Registry shall be relieved of any responsibility in respect of the function or duty that is transferred to the State of Operator.

(3) The State of Operator shall have the sole responsibility in respect of the function or duty that is transferred until such time the Article 83 bis agreement ceases to be in force under subregulation (7).

(4) The operation of this regulation shall not be effective unless Fiji has registered with the Council of the International Civil Aviation Organization the Article 83 bis agreement detailing the following—

(a)the name of the Contracting State that is the other party;
(b)the date of commencement of the agreement;
(c)the aircraft to which the agreement relates;
(d)the responsibilities of the aircraft's State of Registry that are transferred by the agreement; and
(e)the provisions in this regulation that are stated in the agreement to be related to the responsibilities.

(5) If the Republic of Fiji has entered into an Article 83 bis agreement or an Article 83 bis agreement to which the Republic of Fiji is a party has been amended, the Authority shall publish a notice in the Gazette setting out particulars of the agreement or amendment.

(6) Without limiting subsection (6), the notice must set out—

(a)the Contracting State that is the other party to the agreement; and
(b)the date of commencement of the agreement or amendment; and
(c)the aircraft to which the agreement or amendment relates; and
(d)the functions of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and
(e)the provisions of this Act that are stated in the agreement or amendment to be related to the functions.

(7) The Authority shall publish a notice in the Gazette when an Article 83 bis agreement ceases to be in force including the details of that cessation.

[reg 24 subst LN 82 of 2009 reg 10, effective 6 February 2010]