5Determination that airspace of a class becomes airspace of another class

5 Determination that airspace of a class becomes airspace of another class

(1) I determine that a volume of airspace, described in Schedule 3, 4, 5, 6, 7 or 8 (a classification Schedule) as being of the class mentioned for it in the Table in section 4 (initial classification), temporarily ceases to be airspace of that class and becomes airspace of another specified class in accordance with the condition mentioned in subsection (2).

(2) Subject to subsection (3), a volume of airspace with an initial classification as described in a classification Schedule ceases to be airspace of that class and becomes airspace of another specified class:

(a) outside the hours of activity specified in the AIP or a NOTAM that I have authorised in writing; or

(b) if the air traffic control service for the volume of airspace has been suspended or has ceased functioning in accordance with a NOTAM that I have authorised in writing.

(3) A volume of airspace to which subsection (2) applies does not become airspace of another specified class if, at the time it would otherwise become such airspace:

(a) Airservices Australia (AA) continues temporarily to control the airspace under its initial classification (an extension of time); and

(b) such control is necessary for aircraft separation or other operational reasons,

(4) For subsection (3), the volume of airspace becomes airspace of another specified class when the extension of time ends.

(5) The determination in subsection (1) ceases to have effect only if this instrument is:

(a) revoked; or

(b) amended, and then only in accordance with the amendment.