Airspace Act 2007

The Minister must make a statement (the Australian Airspace Policy Statement).

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.

The statement must:

specify and describe the classifications to be used to administer Australian‑administered airspace; and

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

describe the processes to be followed for changing the classifications or designations of particular volumes of Australian‑administered airspace; and

outline the Commonwealth Government’s policy objectives for the administration and use of Australian‑administered airspace; and

include a strategy for the administration and use of Australian‑administered airspace in the future.

The statement may also include any other matter the Minister thinks appropriate.

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.

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.

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.