Air Services Act 1995 section 16 Direction No. 4 of 2004

Overview

The Air Services Act 1995, enacted by the Commonwealth Parliament, was introduced to provide a legislative framework for the regulation of air services in Australia. This Act aimed to address the need for efficient and safe management of air traffic and the provision of air navigation services. The policy objective of the Act is to ensure the safe and efficient use of Australia's airspace while promoting competition and innovation in the aviation industry. The 2004 legislative instrument, Air Services Act 1995 Section 16 Direction No. 4, issued by the Minister for Transport and Regional Services, provides specific direction to Airservices Australia regarding the provision of air traffic control services when certain airspace classifications are altered. This direction is instrumental in ensuring that appropriate air traffic control measures are implemented in a timely manner to maintain safety standards.

Scope and Application

The Air Services Act 1995 Section 16 Direction No. 4 of 2004 applies specifically to Airservices Australia (AA), the body established under section 7 of the Air Services Act 1995, which is tasked with providing facilities and services related to air navigation. This legislative instrument is applicable on the date it is signed and directs AA to provide an operating ATC control tower and an approach radar control service at the earliest opportunity if a volume of airspace above Class D airspace above an airport, initially classified as Class E airspace, is re-classified to Class C airspace. The geographic and jurisdictional reach of this direction is inherently tied to the airspace management and air traffic control services provided within Australia, as governed by the Commonwealth. There are no specific exclusions or exemptions outlined in this particular direction, but it is part of a broader framework that may include additional regulations and standards. The application of this direction can be further refined through subordinate instruments, which may provide more detailed specifications and guidelines for its implementation.

Key Provisions

The Air Services Act 1995 section 16 Direction No. 4 of 2004 specifies a directive to Airservices Australia (AA) regarding the reclassification of airspace above an airport. According to section 4 of the instrument, if a volume of airspace currently classified as Class E above Class D airspace is reclassified to Class C airspace, AA must provide an operating ATC control tower at the airport along with an approach radar control service as soon as these facilities can be installed (section 4(a) and (b)). This directive is aimed at enhancing air traffic control and safety measures around airports by ensuring the presence of essential air traffic control services when airspace classifications change. Airservices Australia (AA) is under an obligation to install and operate an ATC control tower and an approach radar control service at the specified airport once the airspace is reclassified to Class C. This requirement ensures that adequate air traffic control facilities are in place to manage the increased air traffic demands associated with Class C airspace. The directive mandates that these services must be provided at the earliest possible time to maintain safety and efficiency in air traffic management (section 4). Failure to comply with the requirements set out in this direction could result in serious consequences. While the specific civil or criminal penalties for non-compliance are not detailed within this particular legislative instrument, it is implied that non-compliance could lead to enforcement actions under the broader provisions of the Air Services Act 1995. Additionally, any direction given under section 16 of the Air Services Act 1995 must be tabled in Parliament, which underscores the significance and oversight of such directives (section 74). The overarching aim is to ensure that air traffic control standards are maintained and that safety is not compromised due to inadequate facilities in newly reclassified airspace zones.