| (1) |
In this Protocol, except where the context otherwise requires, terms used in it have the meanings set out in the Convention. |
| (2) |
In this Protocol the following terms are employed with the meanings set out below— |
| (a) |
"aircraft" means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters; |
| (b) |
"aircraft engines" means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and— |
| (i) |
in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent; and |
| (ii) |
in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent, together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto; |
| (c) |
"aircraft objects" means airframes, aircraft engines and helicopters; |
| (d) |
"aircraft register" means a register maintained by a State or a common mark registering authority for the purposes of the Chicago Convention; |
| (e) |
"airframes" means airframes (other than those use in military, customs or police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport— |
| (i) |
at least eight (8) persons including crew; or |
| (ii) |
goods in excess of 2750 kilograms, |
together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto;
| (g) |
"Chicago Convention" means the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, as amended, and its Annexes; |
| (h) |
"common mark registering authority" means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies; |
| (i) |
"de-registration of the aircraft" means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention; |
| (j) |
"guarantee contract" means a contract entered into by a person as guarantor; |
| (k) |
"guarantor" means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance; |
| (l) |
"helicopters" means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport— |
| (i) |
at least five (5) persons including crew; or |
| (ii) |
goods in excess of 450 kilograms, |
together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto;
| (m) |
"insolvency-related event" means— |
| (i) |
the commencement of the insolvency proceedings; or |
| (ii) |
the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under the Convention is prevented or suspended by law or State action; |
| (n) |
"primary insolvency jurisdiction" means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise; |
| (o) |
"registry authority" means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and de-registration of an aircraft in accordance with the Chicago Convention; and |
| (p) |
"State of registry" means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register. |
Implementation of Geneva Conventions Act, 2012
