{"id":"C2007A00039","name":"Airspace (Consequentials and Other Measures) Act 2007","slug":"airspace-consequentials-and-other-measures-act-2007","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"39 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7982,"registerId":"commonwealth-C2007A00039-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Airspace (Consequentials and Other Measures) Act 2007","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nAirspace (Consequentials and Other Measures) Act 2007\n\n \n\nNo. 39, 2007\n\n \n\n \n\n \n\n \n\n \n\nAn Act to provide for consequential matters relating to the enactment of the Airspace Act 2007, and for other purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Consequential amendments\n\nCivil Aviation Act 1988\n\nSchedule 2—Technical amendments\n\nAir Services Act 1995\n\nCivil Aviation Act 1988\n\nSchedule 3—Transitional provision\n\n \n\n![](image.001.png)\n\n \n\n \n\nAirspace (Consequentials and Other Measures) Act 2007\n\nNo. 39, 2007\n\n \n\n \n\n \n\nAn Act to provide for consequential matters relating to the enactment of the Airspace Act 2007, and for other purposes\n\n[Assented to 30 March 2007]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Airspace (Consequentials and Other Measures) Act 2007.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 30 March 2007\n- 2. Schedule 1 At the same time as sections 3 to 15 of the Airspace Act 2007 commence. 1 July 2007 (see F2007L01854)\n- 3. Schedule 2 The day on which this Act receives the Royal Assent. 30 March 2007\n- 4. Schedule 3 At the same time as sections 3 to 15 of the Airspace Act 2007 commence. 1 July 2007 (see F2007L01854)\n\n\nNote: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n\n\n\nSchedule 1—Consequential amendments\n\n \n\nCivil Aviation Act 1988\n\n1  After paragraph 9(3)(cb)\n\nInsert:\n\n (cc) any functions conferred on CASA under the Airspace Act 2007 or under regulations under that Act;\n\n2  After section 11\n\nInsert:\n\n11A  Compliance with Australian Airspace Policy Statement\n\n (1) Subject to subsection 9A(1), CASA must exercise its powers and perform its functions in a manner consistent with the Australian Airspace Policy Statement.\n\n (2) If CASA proposes to exercise a power or perform a function in a manner that is inconsistent with the Australian Airspace Policy Statement, CASA must notify the Minister in writing that it is proposing to do so and of its reasons.\n\n (3) In this section:\n\nAustralian Airspace Policy Statement means the statement made under subsection 8(1) of the Airspace Act 2007.\n\n\n\n\nSchedule 2—Technical amendments\n\n \n\nAir Services Act 1995\n\n1  Subsection 19(2)\n\nOmit “and subparagraphs 8(1)(b)(i), (v) and (vi)”.\n\n2  Subsection 77(3) (definition of AA service)\n\nOmit “referred to in paragraph 8(1)(b)”, substitute “covered by paragraph 8(1)(a)”.\n\n3  Subsection 77(3) (definition of rescue and fire fighting operations)\n\nOmit “referred to in paragraph 8(1)(b)”, substitute “covered by paragraph 8(1)(a)”.\n\nCivil Aviation Act 1988\n\n4  Subsection 3(1) (subparagraphs (e)(i) and (ii) of the definition of aviation safety standards)\n\nRepeal the subparagraphs, substitute:\n\n (i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and\n\n5  Subparagraphs 98(3)(s)(i) and (ii)\n\nRepeal the subparagraphs, substitute:\n\n (i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and\n\n\n\n\nSchedule 3—Transitional provision\n\n \n\n1  Transitional provision\n\n(1) This item applies if regulations are made under the Air Services Act 1995 repealing Part 2 of the Air Services Regulations in connection with the enactment of Part 3 of the Airspace Act 2007.\n\nNote: This item relates to the transfer of airspace management functions from Airservices Australia to CASA.\n\n(2) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of that repeal.\n\n(3) Regulations under subitem (2) may provide that specified things done by, or in relation to, Airservices Australia for the purposes of Part 2 of the Air Services Regulations have effect after that repeal as if those things had been done by, or in relation to, CASA for the purposes of regulations under Part 3 of the Airspace Act 2007.\n\n(4) Subitem (3) does not limit subitem (2).\n\n(5) In this item:\n\nAirservices Australia means the body established by subsection 7(1) of the Air Services Act 1995.\n\nCASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.\n\n \n\n \n\n [Minister’s second reading speech made in—\n\nHouse of Representatives on 29 November 2006\n\nSenate on 6 February 2007]\n\n(169/06)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is narrowly consequential to the Airspace Act 2007. It does not expand the substantive policy scope beyond implementing the transfer and aligning related Acts. The main additions are (a) a statutory duty for CASA to act consistently with the Australian Airspace Policy Statement (with a notification requirement), and (b) a regulation‑making power to manage transitional arrangements for transferring functions from Airservices Australia to CASA. Those measures change administrative allocation and procedural requirements but do not broaden the primary policy purpose beyond the original intent to give effect to the Airspace Act 2007."},"complexity_factors":["Short Act with 3 schedules and a few items (Schedule 1, Schedule 2, Schedule 3)","Adds one substantive new section (Civil Aviation Act 1988 — s 11A) with a single conditional duty and notification requirement","Several technical substitutions changing cross‑references to paragraph 8(1)(a) of the Air Services Act 1995 (Schedule 2)","Transitional regulation‑making power with saving/application provisions (Schedule 3, paras (2)–(3))","Cross‑references to three separate Acts (Airspace Act 2007, Civil Aviation Act 1988, Air Services Act 1995) but limited in number","Few defined terms introduced; relies on existing definitions in the referenced Acts"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- It makes a small set of amendments and transitional rules needed to put the Airspace Act 2007 into operation. The changes are mostly to two existing aviation laws — the Civil Aviation Act 1988 and the Air Services Act 1995 — and to the administrative arrangements that support airspace management.\n\n- Key changes:\n  - Adds a new requirement in the Civil Aviation Act 1988 that the Civil Aviation Safety Authority (CASA) must act consistently with the Australian Airspace Policy Statement when exercising powers and functions (Schedule 1, item 2 — new section 11A). If CASA plans to act inconsistently with that Statement, it must notify the Minister in writing and explain why (Schedule 1, item 2 — new s 11A(2)).\n  - Makes technical wording amendments in the Air Services Act 1995 and the Civil Aviation Act 1988 so references to the kinds of services and facilities match the restructured roles under the Airspace Act 2007 (Schedule 2).\n  - Provides a transitional power for the Governor‑General to make regulations to manage the transfer of airspace management functions from Airservices Australia to CASA, including saving and application provisions so actions taken under the old regime can be treated as if done under the new regime (Schedule 3, paras (2)–(3)).\n\n**Who is affected**\n\n- CASA: gains an express statutory obligation to act consistently with the Australian Airspace Policy Statement and must notify the Minister if planning departures from it (Schedule 1, item 2 — new s 11A).\n- Airservices Australia: may have airspace management functions, and related actions, transferred to CASA; transitional arrangements and regulations can preserve past actions and records during that transfer (Schedule 3).\n- The Minister: receives mandatory written notifications from CASA when CASA proposes acting inconsistently with the Airspace Policy Statement (Schedule 1, item 2 — new s 11A(2)).\n- Users of airspace and industry participants (aircraft operators, airports, service providers): indirectly affected because responsibility for airspace management and the legal descriptions of services/facilities are reallocated between Airservices Australia and CASA (Schedules 2 and 3).\n\n**Why it matters (practical effects and mechanics)**\n\n- Policy alignment: CASA is required to exercise its aviation regulatory powers in a way that is consistent with the Australian Airspace Policy Statement (Schedule 1, item 2 — new s 11A(1)). That makes the Statement a binding operational constraint on CASA’s decision‑making, subject to the limited exception and notification process in s 11A(2).\n\n- Administrative transfer: the Act enables the legal and practical transfer of airspace management functions from Airservices Australia to CASA by permitting transitional regulations that can re‑characterise past acts as having been done under the new legal framework (Schedule 3). This is aimed at avoiding legal gaps or the need to redo prior administrative steps when the statutory responsibility moves.\n\n- Technical alignment: several small technical amendments (Schedule 2) update cross‑references and definitions so the statutory language in related Acts matches the new allocation of functions under the Airspace Act 2007.\n\n**Costs, incentives and trade-offs (mechanisms, not judgments)**\n\n- Who decides: CASA retains operational discretion over how to exercise its powers, but must do so consistently with the Australian Airspace Policy Statement. If it proposes to depart from the Statement, it must notify the Minister in writing and state reasons (Schedule 1, item 2 — new s 11A(1)–(2)). This creates an administrative oversight point for the Minister.\n\n- Compliance burden: CASA acquires an explicit compliance obligation tied to a policy statement. That creates an internal compliance task (checking consistency with the Statement) and an external reporting duty to the Minister if inconsistent action is contemplated (Schedule 1, item 2 — new s 11A(2)).\n\n- Transfer costs and continuity: the transitional regulation power lets the Governor‑General preserve or validate actions taken under the old regime (Schedule 3, paras (2)–(3)). That reduces the administrative and legal costs of transferring functions but concentrates the power to define transitional savings in delegated regulations.\n\n- Implementation risk: the transfer depends on consequential regulations (Schedule 3(1) and (2)). If those regulations are not made, there is a risk of timing gaps between repeal and commencement of the new arrangements. The Act authorises regulations to manage that risk but does not itself carry out the transfer.\n\n**Concrete mechanics to note**\n\n- The Australian Airspace Policy Statement is the document referenced in new s 11A and is defined by reference to subsection 8(1) of the Airspace Act 2007 (Schedule 1, item 2).\n- The Governor‑General may make transitional regulations to treat specified things done by, or in relation to, Airservices Australia as if done by or in relation to CASA under the Airspace Act 2007 (Schedule 3, para (3)).\n\n**Source claims and testing**\n\n- The Act’s stated purpose is consequential and technical: to align other Acts and provide transitional measures so the Airspace Act 2007 can operate without legal interruption. That purpose is reflected mechanically in the text (Schedules 1–3).\n- The main trade‑offs are between legal continuity (avoiding redoing prior administrative acts) and the delegation of detailed transitional choices to regulation (concentrating discretion in executive instruments). The Act creates the regulatory tool (Schedule 3) but leaves detailed choices to subordinate instruments.\n\n**Sections cited**: Schedule 1 (item 2 — new s 11A to the Civil Aviation Act 1988); Schedule 2 (technical amendments to the Air Services Act 1995 and Civil Aviation Act 1988); Schedule 3 (transitional provision authorising regulations and saving actions)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: consequential and transitional matters following the Airspace Act 2007. It does not expand beyond technical amendments, function transfers, and transitional arrangements."},"complexity_factors":["Very short statute (approximately 3 substantive schedules)","Only 5 technical amendment items in Schedule 2, mostly simple substitutions of cross-references","Single defined term in Schedule 3 ('Airservices Australia' and 'CASA' — both pointing to existing statutory definitions)","No nested conditional logic or exceptions to exceptions","Straightforward transitional provision allowing regulations to preserve existing decisions","Heavy reliance on external context (the Airspace Act 2007 and Air Services Act 1995) but does not create complex internal machinery"],"plain_english_summary":"This Act is a 'clean-up' law that makes necessary changes to other aviation legislation following the creation of the **Airspace Act 2007**.\n\n**What it does:**\n- **Transfers responsibilities** for managing Australian airspace from Airservices Australia (the government body that runs airports and air traffic control) to CASA (the Civil Aviation Safety Authority, which regulates aviation safety).\n- **Updates references** in existing laws to reflect this transfer — for example, changing which Act describes the services Airservices Australia provides.\n- **Requires CASA to follow** the new **Australian Airspace Policy Statement** when making decisions about airspace, or explain to the Minister why it isn't.\n- **Allows the Government** to make regulations handling the practical handover — ensuring that things Airservices Australia had already done (like approvals or decisions) remain valid under CASA's new authority.\n\n**Who it affects:**\n- **Pilots and airlines** — who will now deal with CASA for airspace matters instead of Airservices Australia.\n- **CASA** — which gains new functions and must align with the national airspace policy.\n- **Airservices Australia** — which loses its airspace management role but keeps its operational functions (like air traffic control and rescue/fire fighting).\n\n**Why it matters:**\nThis is part of a broader reform to separate **airspace policy and regulation** (now CASA's job) from **airspace operations** (still Airservices Australia's job). It's designed to make airspace management clearer and more safety-focused, rather than having one organisation both operate and regulate the skies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/airspace-consequentials-and-other-measures-act-2007","history":"/api/acts/airspace-consequentials-and-other-measures-act-2007/history","analysis":"/api/acts/airspace-consequentials-and-other-measures-act-2007/analysis","conflicts":"/api/acts/airspace-consequentials-and-other-measures-act-2007/conflicts","importantCases":"/api/acts/airspace-consequentials-and-other-measures-act-2007/important-cases","documents":"/api/acts/airspace-consequentials-and-other-measures-act-2007/documents"}}