Originally Posted by
Sunfish
Flieger, an aircraft at least in Victoria, is a Commonwealth controlled device. The state has no power to do anything to it.
Various states gave up power over aviation circa 1920, prior to Australia signing the Warsaw convention.
Power over commercial airports? Yes. Private airfields? No
Strange, you should tell Tasmania that. They mustn't have got the memo. Or alternatively they have checked with their lawyers and it's entirely legal under those circumstances to do what they have done.
You might put the pilot in the slammer, but you can’t touch the aircraft unless you have a Commonwealth injunction. It’s a question of jurisdiction.
By all means, you are welcome to test that theory. See how it works out for you. The powers in the various public health acts are surprisingly broad, and certainly seem broad enough to cover private airfields and aircraft, particularly when they use phrases discussing their powers, such as:
"require the destruction or disposal of any thing the destruction or disposal of which is necessary to eliminate or reduce the risk to public health;", there isnt an exemption for aircraft just because they are centrally administered from Canberra.