Airspace Act 2007
No. 38, 2007
An Act relating to airspace administration and regulation, and
for related purposes
[Assented to 30 March 2007]
The Parliament of Australia enacts:
Part 1—Preliminary
1
Short title
This Act may be cited as the Airspace
Act 2007.
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.
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Commencement
information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 and 2 and anything in this Act not elsewhere
covered by this table
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The day on which this Act receives the Royal Assent.
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30 March 2007
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2. Sections 3 to 15
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A single day to be fixed by Proclamation.
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.
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1 July 2007
(see F2007L01854)
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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
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
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
This Act binds the Crown in each of its
capacities.
6
External Territories
This Act extends to all the external
Territories.
7
Extraterritorial application
This Act extends to acts, omissions,
matters and things outside Australia.
Part 2—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.
Legislative Instruments Act
(5) A statement made under
subsection (1) is a legislative instrument, but neither section 42
nor Part 6 of the Legislative Instruments Act 2003 applies to the
statement.
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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
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
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
(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
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
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
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.
[Minister’s second reading speech made in—
House of Representatives on 29 November 2006
Senate on 6 February 2007]