This law creates a Commonwealth framework for setting and managing Australian‑administered airspace: the Minister must issue an Australian Airspace Policy Statement and the Governor‑General may make regulations delegating detailed powers to CASA (classifications, designations, charges, offences and information‑gathering). It compels consultation, triennial review and ongoing CASA reviews, and prioritises efficiency, equitable access, safety and national security—affecting CASA, Airservices Australia, operators and anyone using or managing airspace.
This Act establishes a framework for Commonwealth direction of Australian‑administered airspace through a Ministerial policy statement and through regulations that confer powers and functions on the Civil Aviation Safety Authority (CASA). Mechanically, the Act:
Creates the Australian Airspace Policy Statement as a mandatory instrument the Minister must make (s 8(1)). The statement must specify classifications and designations for airspace, describe processes for changing them, state Government policy objectives, and include a forward strategy (s 8(2)(a)-(e)). The statement is a legislative instrument, but section 42 of the Legislation Act 2003 (disallowance) does not apply to it (s 8(5); note).
Requires the Minister to consult CASA and Airservices Australia before making the statement (s 9(1)), and to cause the statement to be reviewed at least every three years (s 10).
Enables the Governor‑General, by regulation, to confer on CASA functions and powers connected with administering and regulating Australian‑administered airspace (s 11(1)). The regulations may address classification of airspace, review timing and manner, determination of services and facilities by air navigation service providers, designation of restricted volumes and routes, controlled aerodrome determinations, flight information areas and regions, control areas and zones, aeronautical information services, and the obtaining of information from operators (s 11(2)(a)-(k)).
Permits regulations to prescribe penalties for breaches, up to 50 penalty units (s 11(4)); to make provision for charging for CASA functions or powers, but not to create taxation (s 11(5)-(7)); and to allow CASA to delegate functions or powers (s 11(8)). Several key terms are prescribed by regulation (s 11(9)).
Current sections
Direct links to the current provisions in Airspace Act 2007.
20
Part 1
Preliminary
Part 1—Preliminary
1
Short title
1 Short title
This Act may be cited as the Airspace Act 2007.
2
Commencement
2 Commencement
(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.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day on which this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>30</span><span> </span><span>March 2007</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 15</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2007</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2007L01854)</span></p></td></tr></tbody></table>
Note: 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.
(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.
3
Object of this Act
3 Object of this Act
The object of this Act is to ensure that Australian‑administered airspace is administered and used safely, taking into account the following matters:
(a) protection of the environment;
(b) efficient use of that airspace;
(c) equitable access to that airspace for all users of that airspace;
(d) national security.
4
Definitions
4 Definitions
In this Act:
Airservices Australia means the body established by subsection 7(1) of the Air Services Act 1995.
Australian‑administered airspace has the meaning given by paragraphs (a) and (b) of the definition of Australian‑administered airspace in subsection 3(1) of the Air Services Act 1995.
Australian Airspace Policy Statement means the statement made under subsection 8(1).
CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.
Chicago Convention has the same meaning as in the Civil Aviation Act 1988.
5
Act binds the Crown
5 Act binds the Crown
This Act binds the Crown in each of its capacities.
6
External Territories
6 External Territories
This Act extends to all the external Territories.
7
Extraterritorial application
7 Extraterritorial application
This Act extends to acts, omissions, matters and things outside Australia.
Part 2
Australian Airspace Policy Statement
Part 2—Australian Airspace Policy Statement
8
Minister must make Australian Airspace Policy Statement
8 Minister must make Australian Airspace Policy Statement
(1) The Minister must make a statement (the Australian Airspace Policy Statement).
Note: Generally, CASA must exercise its powers and perform its functions in a manner consistent with the statement: see section 11A of the Civil Aviation Act 1988.
Contents of statement
(2) The statement must:
(a) specify and describe the classifications to be used to administer Australian‑administered airspace; and
(b) specify and describe the designations to be used for the purposes of restricting access to, or warning about access to, particular volumes of Australian‑administered airspace; and
(c) describe the processes to be followed for changing the classifications or designations of particular volumes of Australian‑administered airspace; and
(d) outline the Commonwealth Government’s policy objectives for the administration and use of Australian‑administered airspace; and
(e) include a strategy for the administration and use of Australian‑administered airspace in the future.
(3) The statement may also include any other matter the Minister thinks appropriate.
Consistency with Chicago Convention
(4) The statement must be consistent with the Chicago Convention. However, if Australia has notified differences under Article 38 of that Convention, the statement must be consistent with those differences.
Legislation Act 2003
(5) A statement made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the statement.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the statement: see regulations made for the purposes of paragraph 54(2)(b) of that Act.
9
Consultation before making Statement
9 Consultation before making Statement
(1) Before making the Australian Airspace Policy Statement, the Minister must consult:
(a) CASA; and
(b) Airservices Australia.
(2) The Minister may also consult any other person or body the Minister thinks appropriate.
10
Statement must be reviewed every 3 years
10 Statement must be reviewed every 3 years
The Minister must cause the Australian Airspace Policy Statement to be reviewed at least once in each of the following periods:
(a) the period of 3 years after it is made;
(b) the period of 3 years after the completion of the last review.
Part 3
Airspace regulation
Part 3—Airspace regulation
11
CASA to administer and regulate Australian‑administered airspace
11 CASA to administer and regulate Australian‑administered airspace
(1) The regulations may make provision for and in relation to conferring functions and powers on CASA that are in connection with the administration and regulation of Australian‑administered airspace.
(2) Regulations made for the purposes of subsection (1) may make provision for and in relation to any one or more of the following:
(a) the classification of volumes of Australian‑administered airspace;
(b) the timing of reviews referred to in section 13 and the manner in which such reviews are to be conducted;
(c) the determination of the services and facilities to be provided by the providers of air navigation services in relation to particular volumes of Australian‑administered airspace;
(d) the designation of volumes of Australian‑administered airspace for the purposes of restricting access to, or warning about access to, that airspace;
(e) the designation of air routes and airways in Australian‑administered airspace and the conditions of use of a designated air route or airway;
(f) the giving of directions in connection with the use or operation of a designated air route or airway or of air route or airway facilities;
(g) the determination of aerodromes as controlled aerodromes;
(h) the determination of volumes of Australian‑administered airspace as flight information areas or flight information regions;
(i) the determination of volumes of Australian‑administered airspace as control areas or control zones;
(j) the regulation of the provision of aeronautical information services;
(k) the obtaining of information from the operators of aerodromes, the owners or operators of aircraft or the providers of air navigation services.
(3) Subsection (2) does not limit subsection (1).
Penalties
(4) Regulations made for the purposes of subsection (1) may prescribe penalties for offences against the regulations. A penalty must not be more than 50 penalty units.
Note: Regulations under the Civil Aviation Act 1988 also contain some offences in relation to the matters mentioned in subsection (2).
Charges
(5) Regulations made for the purposes of subsection (1) may make provision for and in relation to prescribing charges in respect of the performance of a function, or the exercise of a power, by CASA.
(6) A charge may be set either by fixing the amount or by setting a method of calculation.
(7) A charge must not be such as to amount to taxation.
Sub‑delegation
(8) Regulations made for the purposes of subsection (1) may make provision for and in relation to CASA delegating functions or powers to another person.
Definitions
(9) In this section:
aerodrome has the meaning prescribed by the regulations.
aircraft has the same meaning as in the Civil Aviation Act 1988.
air route has the meaning prescribed by the regulations.
air route or airway facilities has the meaning prescribed by the regulations.
airway has the meaning prescribed by the regulations.
12
Matters affecting CASA’s administration and regulation of Australian‑administered airspace
12 Matters affecting CASA’s administration and regulation of Australian‑administered airspace
(1) In performing its functions and in exercising its powers conferred under the regulations, CASA must:
(a) foster efficient use of Australian‑administered airspace; and
(b) foster equitable access to that airspace for all users of that airspace.
(2) In performing its functions and in exercising its powers conferred under the regulations, CASA must take into account:
(a) the capacity of Australian‑administered airspace to accommodate changes in its use; and
(b) national security.
(3) Subsection (2) does not limit the matters that may be taken into account.
(4) This section is subject to sections 9A to 11A of the Civil Aviation Act 1988.
Note: Those sections set out other matters that affect CASA performing its functions and exercising its powers. Those sections relate to safety, protection of the environment, international agreements and the Australian Airspace Policy Statement.
13
Regular reviews
13 Regular reviews
Classifications of volumes of Australian‑administered airspace
(1) CASA has the function of conducting regular reviews of the existing classifications of volumes of Australian‑administered airspace in order to determine whether those classifications are appropriate.
Services and facilities
(2) CASA has the function of conducting regular reviews of the existing services and facilities provided by the providers of air navigation services in relation to particular volumes of Australian‑administered airspace in order to determine whether those services and facilities are appropriate.
General
(3) CASA has the function of conducting regular reviews of Australian‑administered airspace generally in order to identify risk factors and to determine whether there is safe and efficient use of that airspace and equitable access to that airspace for all users of that airspace.
Part 4
CASA advice on Australian Airspace Policy Statement or airspace regulation
Part 4—CASA advice on Australian Airspace Policy Statement or airspace regulation
14
CASA advice on Australian Airspace Policy Statement or airspace regulation
14 CASA advice on Australian Airspace Policy Statement or airspace regulation
(1) The Minister may, by written notice, request advice from CASA on a matter related to:
(a) the Australian Airspace Policy Statement; or
(b) CASA’s functions or powers under the regulations.
(2) CASA must provide written advice to the Minister on that matter in accordance with the notice.
(3) The Minister may, by writing, delegate the Minister’s power under subsection (1) to the Secretary of the Department.
Part 5
Other matters
Part 5—Other matters
15
Regulations
15 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Source text
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
1 Short title
1 Short title
This Act may be cited as the Airspace Act 2007.
2 Commencement
2 Commencement
(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.
<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day on which this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>30</span><span> </span><span>March 2007</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 15</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2007</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2007L01854)</span></p></td></tr></tbody></table>
Imposes statutory duties on CASA when performing functions under the regulations, including fostering efficient use of airspace and equitable access (s 12(1)), and taking account of capacity and national security (s 12(2)). CASA also has express functions to conduct regular reviews of classifications, services and facilities, and airspace generally to identify risk factors and assess safety, efficiency and equitable access (s 13).
Provides a mechanism for the Minister to request written advice from CASA on the Policy Statement or CASA’s functions or powers under the regulations; CASA must comply with such written notices (s 14(1)-(2)). The Minister may delegate that request power to the Departmental Secretary (s 14(3)).
Confers a standard regulation‑making power to the Governor‑General for matters required or convenient for giving effect to the Act (s 15).
Ancillary structural matters: the Act binds the Crown (s 5), extends to external Territories (s 6), applies extraterritorially (s 7), and contains commencement particulars in s 2 (originally assented 30 March 2007 with most operative provisions commencing by proclamation or by 1 July 2007).
The Act largely sets out a high‑level policy and regulatory architecture while deferring operational definitions, offences, penalties and procedural detail to subordinate regulations and to the Australian Airspace Policy Statement. It names CASA and Airservices Australia as primary decision and consultative parties respectively (s 4; s 9).
Main concepts
The Act organises the law of airspace around several core concepts and mechanisms. Those concepts determine who decides, which instruments control behaviour, and where substantive detail will be located.
Australian Airspace Policy Statement (s 8)
The Policy Statement is the central Commonwealth policy instrument. It must specify classifications and designations of airspace volumes, set out change processes, and express Government policy objectives and a strategy for future administration and use (s 8(2)(a)-(e)). The statement is a legislative instrument but is excluded from disallowance under the Legislation Act 2003 (s 8(5); note). The statement must be consistent with international obligations under the Chicago Convention, subject to any notified differences (s 8(4)).
Classifications and designations
The Act distinguishes classifications and designations as the mechanisms used to administer and to restrict or warn about access to specific volumes of airspace (s 8(2)(a)-(b)). The Minister’s statement must specify and describe them (s 8(2)) and describe processes for changing them (s 8(2)(c)). The regulations may provide for classification of volumes, designation of volumes for restriction or warning, and designation of air routes and airways and their conditions of use (s 11(2)(a), (d)-(e)).
Regulatory delegation to CASA (s 11)
The Act does not itself set out detailed operational rules for airspace use. Instead, it authorises the making of regulations that confer relevant functions and powers on CASA and that may prescribe offences, charges and delegations for CASA (s 11(1), (4)-(8)). The regulations may also prescribe core terms such as aerodrome and air route (s 11(9)). The Act therefore frames an administrative hierarchy: Ministerial policy statement at the top, regulations implementing the framework and empowering CASA, and CASA exercising delegated operational powers and functions.
Operational standards and review obligations (ss 12-13)
When exercising delegated powers, CASA must foster efficient use and equitable access to Australian‑administered airspace, and take into account capacity to accommodate changes and national security (s 12(1)-(2)). CASA is given express, ongoing functions to carry out regular reviews of classifications, services and facilities, and airspace generally to identify risks and assess safety, efficiency and equitable access (s 13(1)-(3)).
Consultation and advice (ss 9, 14)
The Minister must consult CASA and Airservices Australia before making the Policy Statement (s 9(1)), and may consult others at the Minister’s discretion (s 9(2)). The Minister may request written advice from CASA about the statement or CASA’s functions and powers; CASA is obliged to provide written advice in accordance with the notice (s 14(1)-(2)). The Minister may delegate the requesting power to the Departmental Secretary (s 14(3)).
Charges, penalties and limits (s 11)
Regulations may prescribe penalties for offences, capped at 50 penalty units (s 11(4)). Regulations may prescribe charges for CASA’s performance of functions or exercise of powers, which may be set as fixed amounts or by a calculation method, but must not amount to taxation (s 11(5)-(7)). Regulations under other Acts, that is the Civil Aviation Act 1988, may also contain offences relevant to the matters in s 11(2) (note in s 11).
Definitions and interlocking Acts (s 4; notes)
The Act imports definitions of Airservices Australia and Australian‑administered airspace from the Air Services Act 1995 and the Chicago Convention definition from the Civil Aviation Act 1988 (s 4). The operation of CASA under this Act is explicitly subject to other matters set out in sections of the Civil Aviation Act 1988 noted in s 12(4) and in the explanatory note to s 8 concerning s 11A of the Civil Aviation Act.
Territorial and Crown reach (ss 5-7)
The Act binds the Crown (s 5), extends to external Territories (s 6), and has extraterritorial application to acts, omissions and matters outside Australia (s 7).
In sum, the Act establishes a Ministerial policy instrument as the central statement of airspace classifications, designations and objectives, and sets out an enabling framework for delegated regulatory detail to be made by regulation and implemented by CASA, constrained by specified statutory considerations and international consistency with the Chicago Convention.
Who it affects
The Act defines a network of decision makers, regulated entities and interests whose behaviour and obligations are affected. The text identifies key parties and the direction of duties and powers.
Decision makers and administrators
The Minister plays a central role: the Minister must make the Australian Airspace Policy Statement (s 8(1)), consult specified bodies before doing so (s 9(1)), review the statement every three years (s 10), and may request written advice from CASA (s 14(1)). The Minister may delegate the power to request advice to the Secretary of the Department (s 14(3)).
CASA is the primary implementer and regulator under the scheme. Regulations may confer functions and powers on CASA for administering and regulating Australian‑administered airspace (s 11(1)). CASA, when performing those functions, must foster efficient use and equitable access and take account of capacity and national security (s 12(1)-(2)). CASA is given express functions to carry out regular reviews of classifications, services and overall airspace use (s 13).
Airservices Australia is a mandatory consultation party before the Minister makes the Policy Statement (s 9(1)(b)). The Act defines Airservices Australia by reference to the Air Services Act 1995 (s 4).
Regulated and affected private parties
Providers of air navigation services: Regulations may determine the services and facilities to be provided by providers of air navigation services in relation to particular volumes of airspace (s 11(2)(c)). This creates a route by which providers’ operational obligations and standards can be set through regulations and CASA determinations.
Operators and owners of aircraft, and operators of aerodromes: Regulations may provide for obtaining information from operators of aerodromes, owners or operators of aircraft or providers of air navigation services (s 11(2)(k)). Regulations may also determine aerodromes as controlled aerodromes (s 11(2)(g)), which can affect aerodrome operators’ obligations and access.
Users of airspace generally: The Policy Statement must specify classifications and designations for volumes of Australian‑administered airspace, and regulations may prescribe conditions of use of designated air routes or airways (s 8(2)(a)-(b); s 11(2)(e)). That affects all airspace users to the extent classifications and designations are applied and enforced.
Other government and non‑government stakeholders who might be consulted by the Minister: the Minister may consult others the Minister thinks appropriate before making the statement (s 9(2)); that is a discretion to involve additional affected interests.
Legal and administrative audience
The Act will directly affect counsel, regulatory compliance officers, air navigation service providers, aerodrome operators, aircraft operators, and policy advisers because it creates the policy instrument and the enabling framework for detailed regulation and enforcement. CASA will have increased administrative duties under s 13 to carry out periodic reviews and to furnish advice on request (s 14).
Wider reach by operation
The Act applies to external Territories (s 6) and to acts and omissions outside Australia (s 7), so entities operating internationally but under Australian administration or in relation to Australian‑administered airspace may fall within its scope. The Act also binds the Crown (s 5), which means Commonwealth agencies are subject to its provisions.
Who pays
The Act permits regulations to prescribe charges for CASA’s performance of functions or exercise of powers (s 11(5)). Charges may be fixed amounts or determined by a calculation method (s 11(6)), and regulations may impose penalties up to 50 penalty units (s 11(4)). The Act itself does not fix monetary amounts or the tariff basis; those are matters for subordinate instruments.
Who decides
Primary decision authority is split: the Minister sets the Policy Statement and determines its content and review rhythm (ss 8, 10); regulations made by the Governor‑General and delegated to CASA confer operational powers (s 11); CASA must perform functions and conduct reviews and provide advice (ss 12-14). The Act leaves significant definitional and procedural discretion to regulations and to the Minister in making the statement.
In short, the Act materially affects Ministers, CASA, Airservices Australia, air navigation service providers, aerodrome and aircraft operators, and anyone who uses Australian‑administered airspace. It places policy‑setting with the Minister and operational implementation with CASA, while leaving much of the operational detail to subordinate instruments.
Key duties and rights
The Act creates specific statutory duties for the Minister and for CASA, and establishes instruments that will create legal rights and obligations for regulated parties via subordinate regulation. The statute itself contains limited immediate private rights but sets the architecture for rights and duties in delegated instruments.
Ministerial duties and discretions
Duty to make the Australian Airspace Policy Statement: The Minister must make the statement (s 8(1)). The statement must include specific matters, namely classifications, designations, change processes, Government policy objectives, and a future administration strategy (s 8(2)(a)-(e)). The statement must be consistent with the Chicago Convention unless differences have been notified (s 8(4)).
Duty to consult and review: The Minister must consult CASA and Airservices Australia before making the statement (s 9(1)), may consult others (s 9(2)), and must cause the statement to be reviewed at least once every three years (s 10).
Discretionary scope: The statement may include any other matter the Minister thinks appropriate (s 8(3)), and the Minister may delegate the power to request advice to the Departmental Secretary (s 14(3)). The Minister also controls when the statement is made and its content subject to statutory minimums.
CASA duties and functions
Obligation to provide advice when requested: If the Minister gives a written notice requesting advice on the Policy Statement or CASA’s functions or powers under the regulations, CASA must provide written advice in accordance with that notice (s 14(1)-(2)).
Duties when exercising functions under regulations: When performing its functions and exercising powers conferred under the regulations, CASA must foster efficient use of Australian‑administered airspace and foster equitable access for all users (s 12(1)(a)-(b)). CASA must take into account the capacity of the airspace to accommodate changes in use and national security (s 12(2)). Section 12(3) permits CASA to take into account other matters in addition to those listed.
Review functions: CASA must conduct regular reviews of classifications of airspace, existing services and facilities provided by air navigation service providers, and conduct general reviews of airspace to identify risk factors and assess safe, efficient and equitable use (s 13(1)-(3)).
Regulatory duties and rights created by regulations (s 11)
Regulations may confer on CASA further operative duties and powers necessary to administer airspace, and may prescribe offences and penalties, charges for CASA services, conditions for air routes and airways, and determinations of aerodromes as controlled aerodromes (s 11(2), (4)-(7)). These regulations will create enforceable duties and rights for private parties such as air navigation service providers, aerodrome operators, aircraft owners and operators. The Act itself does not prescribe those private duties; it authorises their creation by regulation.
Limits and procedural rights
The Policy Statement is a legislative instrument that is not subject to disallowance under the Legislation Act 2003 (s 8(5); note). The statement is, however, subject to the requirement to be consistent with the Chicago Convention (s 8(4)). The Act makes explicit that some matters affecting CASA’s exercise of functions are set out in other sections of the Civil Aviation Act 1988 (s 12(4) and the note to s 8), indicating that CASA’s duties are situated within a broader statutory framework.
Charges, penalties and delegation
Regulations may impose penalties on regulated parties, capped at 50 penalty units (s 11(4)). Regulations may prescribe charges for CASA’s services but must not amount to taxation (s 11(5)-(7)). Regulations may also permit CASA to sub‑delegate functions or powers to another person (s 11(8)), with the effect that duties created by regulations could be exercised through multiple layers of delegation.
Private rights
The Act does not confer express private rights of action or compensation. Rights and obligations affecting private parties will principally arise through regulations made under the Act, and through administrative action by CASA and Airservices Australia informed by the Policy Statement and regulatory instruments.
In summary, principal duties fall on the Minister to make and review the Policy Statement and consult key aviation bodies, and on CASA to perform functions under regulations, to conduct regular reviews, to take specified matters into account, and to provide written advice when requested. Private parties’ rights and duties will primarily arise from regulations and from administrative classifications, designations and determinations made under the Act’s delegated powers.
Penalties and enforcement
The Act itself contains limited direct penalties. It establishes the regulatory power for offences, penalties and charges to be prescribed by regulation, and sets statutory ceilings and constraints on those subordinate measures.
Regulatory authorisation and penalty ceiling (s 11)
The Act authorises regulations to prescribe offences and penalties for contraventions of the regulations made under s 11(1) (s 11(4)). Any penalty prescribed by regulations under this authority must not exceed 50 penalty units (s 11(4)). The Act does not itself specify what conduct will be an offence; that is left to subordinate regulations.
Charges and taxation limit (s 11(5)-(7))
Regulations may prescribe charges in respect of CASA performing a function or exercising a power (s 11(5)). Charges may be fixed amounts or determined by a method of calculation (s 11(6)), but they must not amount to taxation (s 11(7)). The Act therefore enables cost recovery or user‑pay style charges for CASA services, with an express statutory limit excluding a taxation characterisation.
Delegation and enforcement pathways (s 11(8))
Regulations may permit CASA to delegate functions or powers to another person (s 11(8)). Delegation can affect who enforces regulations and who exercises enforcement discretions.
Interplay with other regulatory instruments (note in s 11)
The Act notes that regulations made under the Civil Aviation Act 1988 also contain some offences relevant to the matters specified in s 11(2). That indicates that enforcement in practice will be a composite of offences and penalties across multiple subordinate instruments.
Practical enforcement mechanics
Because the Act places the creation of offences and penalties in regulations, enforcement mechanics will depend on how regulations are drafted. Possible enforcement features that follow from the Act include:
Regulatory notices and directions about the use of designated air routes, airways and controlled aerodromes as established in regulations (s 11(2)(e)-(g));
Information‑gathering powers over aerodrome operators, aircraft owners or operators, and air navigation service providers (s 11(2)(k));
Financial sanctions in the form of prescribed charges for CASA functions (s 11(5)-(6)) and monetary penalties up to the statutory ceiling (s 11(4)).
Limitations and gaps
The Act does not set out enforcement procedures, civil remedies, review rights against administrative decisions, or the monetary value of penalty units. The Act’s enforcement architecture therefore depends on the content of regulations and on other statutory instruments within the aviation regulatory framework, including provisions in the Civil Aviation Act 1988 referenced in the Act’s notes (s 12(4); note to s 8).
Administrative accountability
The Policy Statement is a legislative instrument but is excluded from disallowance under the Legislation Act 2003 (s 8(5); note). This affects the parliamentary oversight of the instrument that will shape regulatory practice. The Minister must consult CASA and Airservices before making the statement (s 9(1)), and CASA is required to provide written advice when requested (s 14(1)-(2)), creating internal administrative channels for scrutiny and information flow.
In short, the Act sets the framework for enforcement and penalty design but delegates practical enforcement content to regulations. The statutory maximum penalty for regulations made under s 11 is 50 penalty units and regulations may prescribe charges for CASA services so long as they are not taxation.
How it interacts with other laws
The Act is drafted to operate within an existing aviation statutory regime and explicitly references other Acts and instruments. The text creates interdependencies with the Air Services Act 1995, the Civil Aviation Act 1988 and the Legislation Act 2003, while leaving operational detail to subordinate regulation.
Definitions and cross‑references (s 4)
The Act imports several definitions from other statutes:
Airservices Australia is defined by reference to subsection 7(1) of the Air Services Act 1995 (s 4).
Australian‑administered airspace has the meaning given by paragraphs (a) and (b) of the definition in subsection 3(1) of the Air Services Act 1995 (s 4).
CASA is defined by reference to the Civil Aviation Act 1988 (s 4).
Chicago Convention has the same meaning as in the Civil Aviation Act 1988 (s 4).
By importing these definitions, the Act situates itself within the statutory architecture that governs air services, navigation and international obligations.
Consistency with international obligations (s 8(4))
The Policy Statement must be consistent with the Chicago Convention. The Act expressly contemplates that where Australia has notified differences under Article 38, the statement must be consistent with those notified differences (s 8(4)). This places the Policy Statement within Australia’s international aviation obligations as expressed through the Civil Aviation Act 1988’s treatment of the Chicago Convention.
Relation to the Civil Aviation Act 1988 (notes and s 12(4))
The Act contains notes that specifically refer to the Civil Aviation Act 1988:
The explanatory note to s 8 states that generally CASA must exercise its powers and perform its functions in a manner consistent with the Policy Statement and refers to section 11A of the Civil Aviation Act 1988.
Section 12(4) states that the section is subject to sections 9A to 11A of the Civil Aviation Act 1988, noting those sections set out other matters that affect CASA performing its functions and exercising its powers, including safety, environmental protection, international agreements and the Policy Statement.
These cross‑references mean CASA’s duties under this Act operate in conjunction with the Civil Aviation Act’s express obligations and limitations. The Act therefore modifies CASA’s statutory operating context but does not displace the existing duties and constraints in the Civil Aviation Act.
Legislation Act 2003 treatment of the Policy Statement (s 8(5); note)
The Policy Statement is a legislative instrument (s 8(5)). The Act expressly excludes section 42 of the Legislation Act 2003, meaning the Policy Statement is not subject to parliamentary disallowance (s 8(5)). The Act’s note also states that Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the statement, referring to regulations made for the purposes of paragraph 54(2)(b) of that Act. That affects the extent to which the Policy Statement is subject to certain procedural checks under the Legislation Act.
Regulatory overlap and modular enforcement (s 11 note)
The Act notes that regulations under the Civil Aviation Act 1988 also contain offences in relation to the matters outlined in s 11(2). That indicates regulatory content relevant to airspace administration may be split across multiple regulatory instruments and Acts, and that enforcement and compliance obligations will be determined by the intersection of regulations under this Act and those under the Civil Aviation Act.
Delegation and administrative law
The Act allows regulations to enable CASA to delegate functions or powers to other persons (s 11(8)), and allows the Minister to delegate the power to request advice to the Departmental Secretary (s 14(3)). Delegation will therefore interact with administrative law principles and with other legislative frameworks that govern delegation and decision‑making.
Territorial reach and extraterritorial application (ss 6-7)
The Act extends to external Territories (s 6) and applies to acts and omissions outside Australia (s 7), indicating potential interaction with national and international law where Australian‑administered airspace or Australian actors operate in transboundary contexts.
In essence, the Act functions as an enabling statute that nests within an existing aviation legal framework. It imports definitions and defers to, and is subject to, provisions in the Civil Aviation Act 1988 and the Air Services Act 1995, and it treats the Policy Statement as a legislative instrument with limited parliamentary oversight. Practical regulatory obligations, offences and charging frameworks will be implemented through regulations that must operate coherently with these existing Acts.
Amendment history
The provided text contains only the original enactment and commencement information for the Act as passed in 2007. The Act’s own commencement table and associated notes record the following particulars:
Short title: Airspace Act 2007 (s 1).
Commencement: Sections 1 and 2 and anything in the Act not elsewhere covered by the commencement table commenced on the day the Act received Royal Assent, 30 March 2007 (s 2 table; "Date/Details" column records 30 March 2007 for those provisions).
Remaining operative provisions (ss 3 to 15) were to commence on a single day fixed by proclamation. The commencement table indicates those provisions commenced on 1 July 2007 (s 2 table; see entry for provisions 3 to 15) and records the proclamation reference F2007L01854.
The commencement table includes an explicit editorial note that it relates only to the provisions of the Act as originally passed by both Houses and assented to, and that the table will not be expanded to deal with provisions inserted into the Act after assent (s 2 note).
No amendments, insertions, or subsequent legislative changes are included in the supplied text. There is therefore no record in the provided material of:
any later amendments to the Act’s text;
any repeal or substitution of provisions; or
any delegated instruments made under the Act that alter its operation.
Where the Act contemplates subordinate regulation, it notes certain procedural treatments and cross‑references to other Acts (for example s 8(5) in relation to the Legislation Act 2003). Those are recorded in the text but do not constitute amendments.
For a practitioner relying solely on this supplied text, the amendment history is limited to the original enactment and the commencement dates recorded in s 2. Any subsequent changes to the Act, regulations made under the Act, or Policy Statements issued under s 8 are outside the scope of the supplied text and are not recorded here.
Litigation history
The supplied statute text contains no references to judicial decisions, reported litigation, or appeal determinations arising under the Act. The Act does not itself list case law nor does it reproduce decisions concerning the interpretation or application of its provisions.
Consequently, based solely on the text provided:
There is no recorded litigation history, in the sense of reported cases or judicial authorities, that interpret or apply provisions of the Airspace Act 2007 in the supplied material.
There are no examples in the text of judicial constructions of the Policy Statement, regulations made under the Act, or CASA’s review functions as set out in ss 12-13.
Practitioners should note that the Act creates numerous delegated powers and regulatory pathways that would ordinarily generate administrative and judicial review questions in practice, for example:
challenges to regulatory classifications or designations once regulations are made;
review of administrative decisions of CASA made under delegated powers;
disputes about the lawfulness of charges or penalties prescribed by regulation; and
judicial interpretation of the extent and limits of the Minister’s Policy Statement.
None of those potential lines of litigation are evidenced or exemplified in the text you supplied. Any existing cases, judicial review proceedings, or appellate rulings that relate to the operation of the Act, to regulations made under it, or to the Australian Airspace Policy Statement are not present in this statute text and therefore cannot be cited or summarised here.
If litigation history is required for decision making or risk assessment, a search of court databases, tribunal decisions and administrative law reports is necessary to identify any proceedings that have construed the Act, its delegated instruments, or administrative conduct under it. That step falls outside the statutory text supplied and is not undertaken here.
Gotchas
The Act establishes a framework but leaves important details to delegated instruments and ministerial discretion. The following practical pitfalls and technical particulars are grounded in the Act’s text.
Policy Statement is central yet exempt from ordinary disallowance and sunsetting rules
The Australian Airspace Policy Statement is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply (s 8(5)). The Act’s note also states that Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the statement (see regulations made for paragraph 54(2)(b)). Practically, this means the Policy Statement will not be subject to the ordinary parliamentary disallowance mechanism and certain automatic sunsetting procedures under the Legislation Act, which alters the usual parliamentary‑level check on legislative instruments. That is a structural design choice in the Act and not a matter of interpretive fact.
Key definitions deferred to regulation
Several operationally significant terms are expressly to be prescribed by regulation, including aerodrome, air route, air route or airway facilities, and airway (s 11(9)). The Act therefore creates legal reliance on subordinate instruments to supply definitions that affect scope and obligations. Until those regulations are made, legal certainty in those domains may be limited.
Delegation paths and diffusion of accountability
Regulations may permit CASA to sub‑delegate functions or powers to another person (s 11(8)). The Minister may delegate the power to request CASA advice to the Departmental Secretary (s 14(3)). Delegation can lead to multi‑layered decision making; practitioners should track who actually makes determinations and who holds accountability.
Regulatory content, offences and penalties sit behind future regulations
The Act authorises, but does not itself specify, offences and penalties; regulations may prescribe penalties up to 50 penalty units (s 11(4)). The Act therefore imposes a ceiling but does not provide the substance of criminal or civil breaches. Compliance posture therefore requires monitoring subordinate regulations.
Charges permitted but not classified as taxation
Regulations may prescribe charges for CASA’s performance of functions (s 11(5)-(6)), but they must not amount to taxation (s 11(7)). The line between charge and tax can be contested in practice. The Act itself does not define the tests to be applied, leaving uncertainty until detailed charging instruments are promulgated.
CASA’s statutory duties are framed, but qualified
CASA must foster efficient use and equitable access (s 12(1)) and take into account capacity and national security (s 12(2)). However, s 12(3) explicitly leaves open that CASA may take other matters into account. Section 12(4) makes this section subject to ss 9A-11A of the Civil Aviation Act 1988, which are not reproduced in the supplied text. Practitioners must be careful not to assume these duties are exclusive or determinative; they operate within a broader statutory regime.
Extraterritorial reach
The Act extends to external Territories (s 6) and applies extraterritorially (s 7). That can affect operations and disputes outside mainland Australia. Entities operating internationally must identify whether their activities fall within Australian‑administered airspace as defined in the Air Services Act 1995, which the Act imports by reference (s 4).
No express private rights or review procedures in the Act
The Act does not create express private rights of appeal, merits review or compensation for affected parties. Those procedural protections, if any, will need to be provided in regulations or other legislation. Affected parties should not assume administrative review rights exist except where created by other instruments.
Penalty quantum unspecified in currency terms
The statutory cap on penalties is expressed as 50 penalty units (s 11(4)). The monetary value of a penalty unit is not specified in the Act. That figure will therefore depend on the operative definition of a penalty unit elsewhere in law and on any updates, and is not determinable from this Act alone.
Interdependence with other aviation laws
The Act repeatedly references the Civil Aviation Act 1988 and the Air Services Act 1995 for definitions and contextual duties (s 4; s 12(4); note to s 8). The practical application of this Act therefore requires reading in conjunction with those Acts and with any regulations made under them.
In short, the primary "gotchas" are the Act’s delegation of core content to subordinate instruments, the Policy Statement’s exclusion from ordinary parliamentary checks, the deferral of definitions to regulation, layered delegation options, and the necessity to consult and coordinate across existing aviation statutes to determine precise rights and obligations.
How to comply
Compliance under the Act requires attention by multiple actors to the Policy Statement, to regulations made under the Act, and to the administrative processes created or recognised by the Act. The following are concrete steps and monitoring practices for the principal affected parties, grounded in the Act’s text.
For the Minister and Department
Prepare and publish the Australian Airspace Policy Statement that meets the statutory content requirements: classifications and designations, processes for changing them, Government policy objectives, and a future administration strategy (s 8(2)(a)-(e)). Ensure the statement is consistent with the Chicago Convention or with any notified differences under Article 38 (s 8(4)).
Comply with mandatory consultation requirements by engaging CASA and Airservices Australia before making the statement (s 9(1)). Consider whether to consult other stakeholders under the discretionary head s 9(2).
Establish a review programme to cause the Policy Statement to be reviewed at least once every three years and to document the completion of reviews within the required periods (s 10).
Where advice from CASA is required, issue a written notice specifying the matter on which advice is sought, and accept that CASA is obliged to provide written advice in accordance with that notice (s 14(1)-(2)). If appropriate, delegate the power to request such advice to the Departmental Secretary under s 14(3).
For CASA
When exercising functions and powers conferred under regulations, adopt processes and decision frameworks that explicitly account for fostering efficient airspace use and equitable access (s 12(1)), and ensure capacity and national security are explicitly considered in decision making and documentation (s 12(2)).
Implement systematic, documented regular reviews as statutorily required:
Regularly review existing classifications of volumes of Australian‑administered airspace to assess appropriateness (s 13(1)).
Regularly review services and facilities provided by air navigation service providers for appropriateness relative to particular volumes of airspace (s 13(2)).
Regularly review airspace generally to identify risk factors and assess safety, efficiency and equitable access (s 13(3)).
Respond to Ministerial written notices for advice in a timely and documented manner, ensuring written advice complies with the scope and form required by the notice (s 14(1)-(2)).
Prepare to operate under any regulations that confer specific powers: review the regulations when enacted to identify powers to make determinations, give directions, require information and impose conditions or fees (s 11(2), (k); s 11(5)-(6)). If regulations permit sub‑delegation, establish governance frameworks for delegations to ensure lawful exercise and documentation (s 11(8)).
For Airservices Australia and air navigation service providers
Engage in Ministerial consultations on the Policy Statement when requested or when invited, consistent with s 9(1)(b).
Monitor and participate in CASA’s regular reviews of services and facilities related to specific volumes of airspace (s 13(2)). Where regulations permit CASA to determine services, prepare to meet any regulatory standards or conditions of use for designated routes, airways or aerodromes (s 11(2)(c), (e)-(g)).
Be prepared to provide information to CASA or to regulatory bodies if regulations require it (s 11(2)(k)). Establish internal systems to locate and produce requested information quickly and lawfully.
For aerodrome operators, aircraft owners and operators, and other users
Monitor the Australian Airspace Policy Statement for classifications and designations that apply to volumes of airspace used by operations (s 8(2)(a)-(b)). Classifications and designations may affect route choices, access rights and conditions of use.
Track regulations made under s 11 closely. Those regulations can create substantive operational obligations, offences, penalties and charges (s 11(2), (4)-(7)). Ensure compliance systems can adapt to new regulatory requirements, including possible designations of controlled aerodromes or conditions for air routes and airways (s 11(2)(e)-(g)).
If charged fees for CASA services, verify whether the charge is authorised by regulation and whether it is a valid charge rather than an impermissible taxation measure (s 11(5)-(7)).
Respond promptly and lawfully to requests for information from CASA or other authorised agencies pursuant to regulations (s 11(2)(k)).
For legal, compliance and advisory teams
Recognise that the Act creates a layered regulatory regime: primary statute sets out the policy instrument and delegatory architecture, and regulations will contain most operational detail. Ensure processes are in place to review and interpret any regulations made under the Act as soon as they are gazetted.
Because several operational definitions are prescribed by regulation (s 11(9)), do not assume the Act’s text alone provides all necessary definitions. Obtain and apply the regulatory definitions before advising on scope or obligations.
Monitor the Policy Statement and its triennial review cycle (s 10). Changes in the Policy Statement can alter the context for regulatory decisions and for CASA’s exercise of powers.
Ensure remedial and challenge strategies are available if administrative decisions are taken under regulations. The Act itself does not set out review rights; those will depend on the enabling regulations and on general administrative law remedies.
Immediate checklist
Minister/Department: draft/approve Policy Statement meeting s 8(2) content and consult CASA and Airservices (ss 8, 9); institute three‑year review cycle (s 10); maintain records of advice requests and responses (s 14).
CASA: build review programmes for classifications, services and general airspace (s 13); document consideration of efficiency, equitable access, capacity and national security in decisions (s 12); prepare to provide written advice on request (s 14).
Providers and operators: subscribe to official publications for the Policy Statement and subordinate regulations; establish information‑disclosure and compliance processes in readiness for regulatory requirements (s 11(2)(k)).
Following the statute’s architecture and keeping operational processes aligned with the Policy Statement, with delegated regulations and with CASA’s review obligations will be essential to practical compliance.
Note: 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.
(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.
3 Object of this Act
3 Object of this Act
The object of this Act is to ensure that Australian‑administered airspace is administered and used safely, taking into account the following matters:
(a) protection of the environment;
(b) efficient use of that airspace;
(c) equitable access to that airspace for all users of that airspace;
(d) national security.
4 Definitions
4 Definitions
In this Act:
Airservices Australia means the body established by subsection 7(1) of the Air Services Act 1995.
Australian‑administered airspace has the meaning given by paragraphs (a) and (b) of the definition of Australian‑administered airspace in subsection 3(1) of the Air Services Act 1995.
Australian Airspace Policy Statement means the statement made under subsection 8(1).
CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.
Chicago Convention has the same meaning as in the Civil Aviation Act 1988.
5 Act binds the Crown
5 Act binds the Crown
This Act binds the Crown in each of its capacities.
6 External Territories
6 External Territories
This Act extends to all the external Territories.
7 Extraterritorial application
7 Extraterritorial application
This Act extends to acts, omissions, matters and things outside Australia.
Part 2 Australian Airspace Policy Statement
Part 2—Australian Airspace Policy Statement
8 Minister must make Australian Airspace Policy Statement
8 Minister must make Australian Airspace Policy Statement
(1) The Minister must make a statement (the Australian Airspace Policy Statement).
Note: Generally, CASA must exercise its powers and perform its functions in a manner consistent with the statement: see section 11A of the Civil Aviation Act 1988.
Contents of statement
(2) The statement must:
(a) specify and describe the classifications to be used to administer Australian‑administered airspace; and
(b) specify and describe the designations to be used for the purposes of restricting access to, or warning about access to, particular volumes of Australian‑administered airspace; and
(c) describe the processes to be followed for changing the classifications or designations of particular volumes of Australian‑administered airspace; and
(d) outline the Commonwealth Government’s policy objectives for the administration and use of Australian‑administered airspace; and
(e) include a strategy for the administration and use of Australian‑administered airspace in the future.
(3) The statement may also include any other matter the Minister thinks appropriate.
Consistency with Chicago Convention
(4) The statement must be consistent with the Chicago Convention. However, if Australia has notified differences under Article 38 of that Convention, the statement must be consistent with those differences.
Legislation Act 2003
(5) A statement made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the statement.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the statement: see regulations made for the purposes of paragraph 54(2)(b) of that Act.
9 Consultation before making Statement
9 Consultation before making Statement
(1) Before making the Australian Airspace Policy Statement, the Minister must consult:
(a) CASA; and
(b) Airservices Australia.
(2) The Minister may also consult any other person or body the Minister thinks appropriate.
10 Statement must be reviewed every 3 years
10 Statement must be reviewed every 3 years
The Minister must cause the Australian Airspace Policy Statement to be reviewed at least once in each of the following periods:
(a) the period of 3 years after it is made;
(b) the period of 3 years after the completion of the last review.
Part 3 Airspace regulation
Part 3—Airspace regulation
11 CASA to administer and regulate Australian‑administered airspace
11 CASA to administer and regulate Australian‑administered airspace
(1) The regulations may make provision for and in relation to conferring functions and powers on CASA that are in connection with the administration and regulation of Australian‑administered airspace.
(2) Regulations made for the purposes of subsection (1) may make provision for and in relation to any one or more of the following:
(a) the classification of volumes of Australian‑administered airspace;
(b) the timing of reviews referred to in section 13 and the manner in which such reviews are to be conducted;
(c) the determination of the services and facilities to be provided by the providers of air navigation services in relation to particular volumes of Australian‑administered airspace;
(d) the designation of volumes of Australian‑administered airspace for the purposes of restricting access to, or warning about access to, that airspace;
(e) the designation of air routes and airways in Australian‑administered airspace and the conditions of use of a designated air route or airway;
(f) the giving of directions in connection with the use or operation of a designated air route or airway or of air route or airway facilities;
(g) the determination of aerodromes as controlled aerodromes;
(h) the determination of volumes of Australian‑administered airspace as flight information areas or flight information regions;
(i) the determination of volumes of Australian‑administered airspace as control areas or control zones;
(j) the regulation of the provision of aeronautical information services;
(k) the obtaining of information from the operators of aerodromes, the owners or operators of aircraft or the providers of air navigation services.
(3) Subsection (2) does not limit subsection (1).
Penalties
(4) Regulations made for the purposes of subsection (1) may prescribe penalties for offences against the regulations. A penalty must not be more than 50 penalty units.
Note: Regulations under the Civil Aviation Act 1988 also contain some offences in relation to the matters mentioned in subsection (2).
Charges
(5) Regulations made for the purposes of subsection (1) may make provision for and in relation to prescribing charges in respect of the performance of a function, or the exercise of a power, by CASA.
(6) A charge may be set either by fixing the amount or by setting a method of calculation.
(7) A charge must not be such as to amount to taxation.
Sub‑delegation
(8) Regulations made for the purposes of subsection (1) may make provision for and in relation to CASA delegating functions or powers to another person.
Definitions
(9) In this section:
aerodrome has the meaning prescribed by the regulations.
aircraft has the same meaning as in the Civil Aviation Act 1988.
air route has the meaning prescribed by the regulations.
air route or airway facilities has the meaning prescribed by the regulations.
airway has the meaning prescribed by the regulations.
12 Matters affecting CASA’s administration and regulation of Australian‑administered airspace
12 Matters affecting CASA’s administration and regulation of Australian‑administered airspace
(1) In performing its functions and in exercising its powers conferred under the regulations, CASA must:
(a) foster efficient use of Australian‑administered airspace; and
(b) foster equitable access to that airspace for all users of that airspace.
(2) In performing its functions and in exercising its powers conferred under the regulations, CASA must take into account:
(a) the capacity of Australian‑administered airspace to accommodate changes in its use; and
(b) national security.
(3) Subsection (2) does not limit the matters that may be taken into account.
(4) This section is subject to sections 9A to 11A of the Civil Aviation Act 1988.
Note: Those sections set out other matters that affect CASA performing its functions and exercising its powers. Those sections relate to safety, protection of the environment, international agreements and the Australian Airspace Policy Statement.
13 Regular reviews
13 Regular reviews
Classifications of volumes of Australian‑administered airspace
(1) CASA has the function of conducting regular reviews of the existing classifications of volumes of Australian‑administered airspace in order to determine whether those classifications are appropriate.
Services and facilities
(2) CASA has the function of conducting regular reviews of the existing services and facilities provided by the providers of air navigation services in relation to particular volumes of Australian‑administered airspace in order to determine whether those services and facilities are appropriate.
General
(3) CASA has the function of conducting regular reviews of Australian‑administered airspace generally in order to identify risk factors and to determine whether there is safe and efficient use of that airspace and equitable access to that airspace for all users of that airspace.
Part 4 CASA advice on Australian Airspace Policy Statement or airspace regulation
Part 4—CASA advice on Australian Airspace Policy Statement or airspace regulation
14 CASA advice on Australian Airspace Policy Statement or airspace regulation
14 CASA advice on Australian Airspace Policy Statement or airspace regulation
(1) The Minister may, by written notice, request advice from CASA on a matter related to:
(a) the Australian Airspace Policy Statement; or
(b) CASA’s functions or powers under the regulations.
(2) CASA must provide written advice to the Minister on that matter in accordance with the notice.
(3) The Minister may, by writing, delegate the Minister’s power under subsection (1) to the Secretary of the Department.
Part 5 Other matters
Part 5—Other matters
15 Regulations
15 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.