Originally Posted by
Advance
The Airservices Act 1985 at Part 2 sets out the powers and functions of AA and at:
8(3) says: "........the extent to which Airservices provides services and facilities is subject to AAs discretion."
and at
9(1) In exercising its powers and performing its functions, AA must regard the safety of Air Navigation as the most important consideration.Just precisely how AA is intended to exercise that discretion when the determination of Airspace classes lies with OAR is not clear.
The Airservices Act 1985 predates 1995 when the Civil Aviation Authority split into Airservices Australia, CASA and the Federal Airports Corporation.
At that time Airservices Australia retained airspace regulatory authority. In 2007 that authority was transferred to CASA, and the Airspace Act 2007 and Airspace Regulations 2007 came into being.
Which is a long way of saying some wording in the Airservices Act 1985 needs to be interpreted with respect to their current responsibilities i.e. ATSP, ANSP and airspace regulatory responsibility with CASA per the above Act and Regulations.