Re: Cobham Aviation Services Australia Pty Ltd

Cobham Aviation Services Australia Pty Ltd applied for an exemption under section 113 of the Anti-Discrimination Act 1991 (Qld) to enable compliance with United States export control laws, which necessitate discrimination on the grounds of race. The application was before the Queensland Civil and Administrative Tribunal. The applicants, engaged in aviation services including aerial maritime surveillance and search and rescue, sought the exemption to adhere to the requirements of the United States' export control laws, which restrict the involvement of non-US nationals in certain areas of the business.

The legal issues before the Tribunal included whether the activities of the applicants constituted discrimination on the grounds of race and, if so, whether an exemption under section 113 of the AD Act could be granted. The Tribunal had to consider the nature and extent of the discrimination required by the United States' export control laws and whether the exemption was necessary for the applicants to comply with those laws. Furthermore, the Tribunal needed to determine the appropriate duration of the exemption.

The Tribunal found that the activities of the applicants did constitute discrimination on the grounds of race. However, it was necessary for the applicants to comply with the United States' export control laws to provide the services they offered. The Tribunal held that granting the exemption was appropriate as it was necessary for the applicants to carry out their business. The Tribunal granted the exemption for a period of five years, the maximum period allowed under section 113(6)(c) of the AD Act.

The Tribunal made an order granting the exemption in the terms set out in Schedule A to the decision. The exemption allows the applicants to discriminate on the grounds of race in relation to their provision of aviation services for a period of five years.