3Application of regulations

#### 3 Application of regulations (1) Subject to these Regulations, these Regulations apply to and in relation to: (a) international air navigation within Australian territory; (b) air navigation in relation to trade and commerce with other countries and among the States; (c) air navigation within the Territories; (d) air navigation to or from the Territories; (e) air navigation in which a Commonwealth aircraft is engaged; (f) air navigation in controlled air space that is of a kind not specified in paragraph (a), (b), (c), (d) or (e) but directly affects, or may endanger, the safety of persons or aircraft engaged in: (i) air navigation of a kind specified in paragraph (a), (b), (d) or (e); or (ii) air navigation in which a military aircraft is engaged; and (g) all air navigation within Australian territory of a kind not specified in paragraph (a), (b), (c), (d) or (e). (2) Except where otherwise prescribed, the provisions of these Regulations shall apply to and in relation to Australian aircraft engaged in air navigation outside Australian territory. (3) When an Australian aircraft is flying over the high seas, the provisions of Annex 2 to the Convention shall apply to and in relation to that aircraft and that flight in substitution for the corresponding provisions of these Regulations relating to the flight and manoeuvre of aircraft. (4) CASA shall notify in the AIP any differences between the provisions of these Regulations relating to the flight and manoeuvre of aircraft and the provisions of Annex 2 to the Convention. (5) Subject to these Regulations, these Regulations do not apply to or in relation to state aircraft or to military aerodromes. (6) Notwithstanding the provisions of subregulation (5), the provisions of these Regulations relating to flight and manoeuvre of aircraft and the licensing of personnel apply to and in relation to a flight by an Australian military aircraft where the aircraft is flown by a person other than a member of the Defence Force.