| EXCHANGE OF NOTES BETWEEN THE GOVERNMENTS OF INDIA AND AUSTRALIA CONCERNING AIR SERVICES AGREEMENT New Delhi, 14 December 1960, MINISTRY OF EXTERNAL AFFAIRS
NEW DELHI The Ministry of External Affairs present their compliments to the High Commission of the Government of the Commonwealth of Australia
and have the honour to refer to the inter-governmental consultations held in Melbourne in March 1960 between the Delegations representing
the Government of India and the Government of the Commonwealth of Australia, when it was agreed that the present India-Australia
Air Services Agreement dated 11th July, 1949 the Annex thereto and the Exchange of Notes associated therewith, shall be modified
in the manner set out below (i) The preamble to the Agreement shall be revised as under The Government, of India and the Government of the Commonwealth of Australia BEING parties to the Convention on International Civil
Aviation opened for signature at Chicago on the 7th day of December, 1944, (hereinafter referred to as the Convention), AND DESIRING to conclude an agreement, supplementary to the said Convention, for the operation of air services, HAVE AGREED as follows:
(ii) Article III of the Agreement shall be deleted and other Articles shall be renumbered accordingly so that Article IV to Article
XV of the present Agreement shall be allotted numbers III to XIV. All references in the present Agreement to numbered provisions
thereof shall be amended accordingly. (iii) Article IV of the Agreement (now renumbered as Article III) shall be revised as under (A) The designated airline of either Contracting Party may set down and pick up international traffic in the territory of the other
Contracting Party in accordance with the principles to be agreed between the aeronautical authorities of the two Contracting Parties.
(B) There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate air services for
the carriage of international traffic. (C) The capacity to be provided and frequencies of services to be operated by each designated airline shall be agreed between the
designated airlines, who in so doing shall take into account, inter alia, the principle laid down in paragraph (B) above and the
type of aircraft to be used; such agreement shall be subject to the approval of the aeronautical authorities of the two Contracting
Parties. (D) If the designated airlines of the Contracting Parties fail to agree on any matter on which their agreement is required under the
provisions of this Article, the aeronautical authorities of the Contracting Parties shall endeavour to reach agreement thereon, failing
which the matter shall be referred to the Contracting Parties for settlement. (E) The aeronautical authorities of the Contracting Parties shall review at intervals of 12 months or such longer periods as may be
agreed from time to time the conditions under which the provisions of this Article are being implemented. (F) The interpretation and application of these paragraphs shall be such as may be agreed from time to time between the Contracting
Parties. (iv) Para A (ii) of the existing Article VIII (now renumbered as Article VII) shall be revised as under -. Para A (ii)-such traffic statistics as may be appropriate for the purpose of reviewing the capacity and the frequencies of the specified
air services. (v) The existing Article X (C) (now renumbered as Article IX (C) shall be revised as under - Article IX (C ) - In an emergency, temporary changes in the specified air route except those which change the points served by the
designated airline of one Contracting Party in the territory of the other Contracting Party, may be made unilaterally by either Contracting
Party for the duration of such emergency. Such temporary changes shall not be considered as modifications to this Agreement in the
terms of paragraph (B) above provided that notice of any such changes shall be given without delay to the aeronautical authorities
of the other Contracting Party. (vi) The existing Article XV (A) (now renumbered as Article XIV (A) shall be revised as under : Article XIV(A)-For the purpose of this Agreement the terms 'territory' 'air service' and 'airline' shall have the meaning specified
in the Convention. (vii) Annex to the present Air Services Agreement shall be deleted and replaced by the following ANNEX SECTION I The airline designated by the Government of India shall be entitled to operate air services in both directions on the route specified
in this Section and to land for traffic purposes in the territory of the .Commonwealth of Australia at each of the points specified.
India via points in East Pakistan, Burma, Ceylon, Thailand, Vietnam, Malaya,' Singapore, North Borneo, Sarawak, Brunei, Philippines,
Indonesia, Netherlands New Guinea to Sydney and Melbourne and / or any other points. in Australia to be agreed upon and beyond. SECTION II The airline designated by the Government of the Commonwealth of Australia shall be entitled to operate air services in both directions
on the route specified in this Section and to land for traffic purposes in the territory of India at each of the points specified.
Australia via points in the Netherlands New Guinea, Indonesia~% Philippines, North Borneo, Sarawak, Brunei, Singapore, Malaya, Vietnam,
Thailand, Ceylon, Burma, East Pakistan to Calcutta or Delhi or any other points in India to be agreed upon and beyond. SECTION III (A) Points on the specified route may, at the option of the designated airline concerned, be omitted on any or all flights. (B) No specified air service shall be operated unless the starting point or the terminal point of the service lies within the territory
of the Contracting Party designating the airline. (C) The Exchange of Notes dated 11th July, 1949 associated with the present Air Services Agreement between the Government of India
and the Government of the Commonwealth of Australia shall be terminated. 2. The Government of India agree that the present India-Australia Air Services Agreement dated 11th July, 1949, the Annex thereto
and the Exchanges of Notes associated therewith shall stand modified in the manner set out above and that the said modifications
shall come into effect as on this date, namely, the 14th December, 1960. 3. The Ministry have the honour to request the High Commission of the Government of the Commonwealth of Australia to confirm that
the Government of Commonwealth of Australia also agree that the present Air Services Agreement dated 11th July 1949 the Annex thereto
and the Exchange of Notes associated therewith shall stand modified in the manner set out above and that such modifications shall
come into effect as on the date referred to above. The Ministry of External Affairs, avail themselves of this opportunity to renew to the High Commission of the Government of Commonwealth
of Australia the assurances of their highest consideration. SEAL 14th December, 1960. The High Commission of the Commonwealth of Australia, New Delhi. II Australian High Commission,
New Delhi The High Commission of the Government of the Commonwealth of Australia presents its compliments to the Ministry of External Affairs
and has the honour to acknowledge receipt of the Ministry's Note No. F. 3400 (1) SD/60 dated 14th December, 1960, which reads as
follows : [Here follows the text of the Note reproduced above.] 2. The High Commission has the honour to confirm that the Government of the Commonwealth of Australia agrees that the present Air
Services Agreement dated 11th July, 1949, the Annex thereto, and the Exchange of Notes associated therewith shall stand modified
in the manner set out above and that such modifications shall come into effect as on this date, namely, the 14th December, 1960.
3. The High Commission of the Commonwealth of Australia avails itself of this opportunity to renew to the Ministry of External Affairs
the assurances of its highest consideration. SEAL New Delhi, 14th December, 1960. MINISTRY OF EXTERNAL AFFAIRS
NEW DELHI | 