https://cimg3.ibsrv.net/gimg/pprune....651299d38e.jpg

Ohh dear :rolleyes:

Any legislation where there is a perceived reduction in public safety requires someone in a government department to take responsibility and that is plain un-Australian.

It could all be for naught as the judge in question (a Trump appointee) has been deemed 'not qualified' by the American Bar Association, citing she lacks professional experience (she was only 33 when she was appointed by the former President). The Justice Department is already planning to appeal on that basis.

https://www.npr.org/2022/04/19/10935...athryn-mizelle

In QLD you are only deemed to be a close contact basically if you live with someone who has Covid (ie more than 4 hrs contact in close proximity in the same household). Apparently you're immune if this occurs in the workplace or public, but go figure. Under that logic, I would have to be in the same fairly small confined space as a confirmed Covid carrier for at least 4 hrs to even be considered a close contact, let alone what the odds are of actually catching it during that time. How long in general does anyone stand in close proximity to the same person while at an airport? No way would it be anywhere near 4 hours. You probably have the same chance of breathing in the cough of a covid carrier standing in line at security or the boarding gate as in the line at the supermarket checkout, or on a busy Saturday morning in Bunnings. But where do you have to wear a mask? Only at the airport. Crazy and non-sensical.
Southern states are looking at imminently scrapping their close contact definitions, making masks in airports even more absurd.
You don't have to sign in at the airport, they don't contact trace positives, they don't declare hot spots anymore, the police don't enforce mask wearing, we are almost all double vaxxed as a minimum. Why bother?

Agree 100%

Time to move on already.

No move before the election, hopefully sensible removable with the next government.

Airport and aircraft mask mandates came out of an agreement at National Cabinet last year. As Icarus2001 said, nothing is going to change until they meet again after the election and there is 'agreement' to remove them.

Dear Lear / Dictator / WOTEVA Dan said in the last few days that they are 'looking' :E at giving up the emergency public health powers in July. In Vic the health orders that empower the mask mandate are themselves empowered by the public health emergency declaration. Makes you think mid-year is pretty likely.

what does a national cabinet have to do with it? Just a few months ago each state was being run as if it were their own country.

Why would the AFAP want to get involved? Is it really that bad to wear one that you think the AFAP is going to make an issue of it?

Would Airports (terminals) would be in the Realm of the Fedral Government???
I guess then, the Libs might gain a few votes in removing some restrictions a week or two before the election....

Though there was agreement at national cabinet for mask wearing on domestic aircraft and in airports, it is each states own public health orders that enact the requirements. If, for example, just NSW rescinded their orders, a flight from Brisbane to Melbourne would have no mask requirements whilst flying over NSW, but still required when over QLD and VIC.

Melbourne Airport are certainly not enforcing mask mandate judging from a recent trip there

“If, for example, just NSW rescinded their orders, a flight from Brisbane to Melbourne would have no mask requirements whilst flying over NSW, but still required when over QLD and VIC.”

i don’t think the airspace you are currently in determines jurisdiction. But I’ve always wondered: suppose you are pax on a US registered airplane but leased to say a Spanish carrier and you commit a serious offence eg a murder. Which law applies a) while at the gate in sydney, b) taxying out, c) airborne over Australia, d) enroute over pacific. Not thinking of doing it but would like to know anyway

Apply the “Tokyo convention”.

A VH registered aircraft is Australian jurisdiction in flight and the destination laws apply.

What is the federal rule for masks?

Can the Airlines “mandate” masks?

Is refusing to wear a mask onboard “refusing to follow a lawful direction or reasonable crew instruction?”

As far as public health orders go, each state has included the airspace above the state in their respective orders.

https://www.infrastructure.gov.au/in...urney-protocol

Here is NSW

Part 2.6 Fitted face coverings
(d) on a domestic commercial aircraft, including when the aircraft is flying above New South Wales

https://legislation.nsw.gov.au/file/...022_220422.pdf

Airspace Act 2007. Airspace is administered by CASA and therefore desert jurisdiction. States can only stipulate law or direction at other than federal airports within their state.

Aircraft are note state registered, they are Australian registered. Federal. A pilot license is federal not state.

It is interesting how any requirements can be stipulated when overflight per se does not affect the environment being overflown. Departure and arrival protocols at federal airports are federal jurisdiction. Except where agreement is reached landside for local (state) law enforcement powers.

So which states liquor licence is in effect in flight?

I seem to remember that the province of Alberta imposed (tried to impose?) such a restriction under the Draconian, restrictive alcohol laws of the 60's (not prohibition).

I’m no lawyer, but I thought most federal cases were handled in state courts anyway. Import drugs into Australia (federal offence) and get caught in NSW, then you would face court in NSW and go to jail there. Doesn’t really matter if a federal or state offence, consequences are the same.

Im not sure if there has been anything enacted (health order wise) federally (regulated by CASA) regarding masks on domestic flights, so maybe you only face whatever state rules you bust. Maybe disobeying a crew order, as a federal offence (crimes aviation act) and you would end up in court wherever you land.

If you committed an offence by not wearing a mask whilst flying over NSW, then I guess you could be summoned to a NSW court to face the law.