{"id":"F2008B00406","name":"Air Services Act 1995 section 16 Direction No. 4 of 2004","slug":"air-services-act-1995-section-16-direction-no-4-of-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73377,"registerId":"commonwealth-F2008B00406-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Air Services Act 1995 section 16 Direction No. 4 of 2004","content":"![](image.001.png)\n\nDEPARTMENT OF TRANSPORT AND REGIONAL SERVICES\n\nDirection under section 16 of the Air Services\n\nAct 1995\n\n---\n\nDated 31 . 8 . 2004 (1.20 p.m)\n\nJOHN ANDERSON\n\nMinister for Transport and Regional Services\n\n---\n\n---\n\nAir Services Act 1995 Section 16 Direction No. 1 of 2004 1\n\n4\n\n  \n\n---\n\n1 Name of the Instrument\n\nThis Instrument is the Air Services Act 1995 section 16 Direction No. 4 of 2004.\n\n2 Commencement\n\nThis Instrument commences when it is signed.\n\n3 Definitions\n\nIn this Instrument:\n\nAirservices Australia or AA is the body that is established under section 7\n\nof the Air Services Act 1995.\n\n4 Direction\n\nI, JOHN DUNCAN ANDERSON, Minister for Transport and\n\nRegional Services, pursuant to s.16 of the Air Services Act 1995, give\n\nthe following direction to AA.\n\nIf:\n\n(a) on the date on which this direction commences, a\n\nvolume of airspace above Class D airspace above an airport\n\nwas classified as Class E airspace; and\n\n(b) after the commencement of this direction, AA re-\n\nclassifies that volume of airspace to Class C airspace,\n\nAA must, in performing its function under s.8 of the Air Services Act\n\n1995 of providing facilities and services, provide an operating ATC\n\ncontrol tower at the airport and an approach radar control service at the earliest time one can be supplied and installed.\n\nNote A direction given under section 16 is required to be tabled in Parliament in\n\naccordance with section 74 of the Air Services Act 1995.\n\n---\n\nAir Services Act 1995 Section 16 Direction No. 4 of 2004 2","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This direction performs exactly its intended function: imposing a specific operational requirement on Airservices Australia when it makes specific airspace reclassifications. There is no evidence of scope creep; it is a targeted, time-bound administrative instrument addressing a discrete safety infrastructure issue."},"complexity_factors":["Very short document (2 pages, approximately 250 words)","Only 1 defined term ('Airservices Australia' or 'AA')","Single conditional trigger (the 'if' clause with two sub-conditions)","No cross-references to other legislation beyond the parent Act section numbers","No nested exceptions or complex logical structures","Straightforward command structure: if X happens, then Y must be done"],"plain_english_summary":"This 2004 ministerial direction requires Airservices Australia to install and operate an air traffic control tower and approach radar whenever it reclassifies airspace from Class E to Class C above an airport.\n\nIt binds Airservices, affects those airports and the pilots and airlines using them, and ensures airspace upgrades are matched by the necessary control infrastructure to maintain safety."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The direction narrows/expands AA's operational obligations by making the provision of a staffed ATC tower and approach radar mandatory in the specific circumstance where AA itself reclassifies airspace from Class E to Class C above Class D (Direction, cl.4). Previously AA had a general duty to provide facilities and services (Air Services Act s.8); this instrument prescribes particular infrastructure and a timing obligation tied to AA's reclassification decision (Direction, cl.4; Air Services Act s.16). The instrument does not allocate funding or specify who pays."},"complexity_factors":["Single conditional trigger tied to historical and future airspace classifications (Direction, cl.4).","Interplay with the Air Services Act duties — direction modifies how AA must perform its s.8 function (Direction, cl.4; Air Services Act s.8).","Technical dependence on airspace class definitions (Class C/D/E) requires operational and regulatory interpretation.","Vague timing language: \"at the earliest time one can be supplied and installed\" creates implementation and scheduling discretion.","Practical complexity from capital and operational requirements (tower and radar) though financing/allocation is not specified in the instrument."],"plain_english_summary":"This ministerial direction requires Airservices Australia (AA) to provide an operating air traffic control (ATC) tower and an approach radar service at any airport where, at commencement, a volume of airspace above Class D had been Class E and AA later reclassifies that volume to Class C. The obligation applies when AA performs its s.8 function of providing facilities and services and is triggered by AA's own reclassification decision (Direction, cl.4; Air Services Act s.8, s.16). The instrument does not specify funding; AA is placed responsible for supply and installation."}},"importantCases":[],"_links":{"self":"/api/acts/air-services-act-1995-section-16-direction-no-4-of-2004","history":"/api/acts/air-services-act-1995-section-16-direction-no-4-of-2004/history","analysis":"/api/acts/air-services-act-1995-section-16-direction-no-4-of-2004/analysis","conflicts":"/api/acts/air-services-act-1995-section-16-direction-no-4-of-2004/conflicts","importantCases":"/api/acts/air-services-act-1995-section-16-direction-no-4-of-2004/important-cases","documents":"/api/acts/air-services-act-1995-section-16-direction-no-4-of-2004/documents"}}