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PART IV
Provisions in relation to the 1984 Protocol to the Chicago Convention
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Required landing or interception of certain aircraft.
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38.—(1) Subject to subsections (2) and (3), the power to make orders for carrying out the Chicago Convention conferred on the Minister by sections 9, 10 and 11 of the Act of 1946 shall be deemed to include a power by order to—
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(a) require the landing at such aerodrome as may be specified in the order, or
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(b) provide for the interception in accordance with the terms of the order
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of any aircraft—
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(i) which is flying, or attempting to fly, without authority over the State, or
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(ii) in relation to which there are reasonable grounds for believing that it is being used for any purpose inconsistent with the Chicago Convention,
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and any such order may specify such other requirements as may appear to the Minister to be necessary to ensure that any aircraft concerned complies with the Chicago Convention.
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(2) The additional powers conferred on the Minister by subsection (1) shall not include the power to authorise the use of weapons against an aircraft in flight:
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Provided always that nothing in this subsection shall operate to prejudice the inherent right of self-defence as set forth in the Charter of the United Nations.
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(3) In the landing or interception of an aircraft pursuant to an order made in exercise of the additional powers conferred on the Minister by subsection (1), the lives of persons on board the aircraft concerned and the safety of other aircraft and the persons on board that aircraft shall not be endangered:
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Provided always that nothing in this subsection shall prejudice the inherent right of self-defence as set forth in the Charter of the United Nations.
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