Interesting point LeadSled makes about the head of power. I must admit to never having turned my mind to it, having always just assumed that the AIP had effective force of law.
A very quick look appears to support LeadSled’s position, with one rather large ... but.
you see, the Head of Power for all aviation activities has this broad section
CIVIL AVIATION ACT 1988 - SECT 20A
Reckless operation of aircraft
(1) A person must not
operate an
aircraft being reckless as to whether the manner of operation could endanger the life of another person.
(2) A person must not
operate an
aircraft being reckless as to whether the manner of operation could endanger the person or property of another person.
Now i am no QC but I would have thought that operating an aircraft in contravention the expressed and generally accepted collective wisdom (in this case the AIP - which has been around for wee while) might be considered to be reckless?
i would prefer to defend the affirmative position as defending the negative requires saying that as the AIP has no head of power, it therefore also must have no use.