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TAS Border Control

Old 26th Mar 2020, 11:00
  #61 (permalink)  
 
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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
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Old 26th Mar 2020, 11:06
  #62 (permalink)  
 
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Thank heavens there are rules about this stuff.

Well done the Tasmanian authorities who’ll no doubt be monitoring and ready to: (1) attend any place at which an aircraft lands contrary to authorisation, and (2) arrest and quarantine all POB. Otherwise, the rules would be pretty pointless.
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Old 26th Mar 2020, 11:07
  #63 (permalink)  
 
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I don’t disagree, but its happening
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Old 26th Mar 2020, 11:13
  #64 (permalink)  
 
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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.
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Old 26th Mar 2020, 11:42
  #65 (permalink)  
 
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Originally Posted by Sunfish View Post
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 canít touch the aircraft unless you have a Commonwealth injunction. Itís 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.
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Old 26th Mar 2020, 12:10
  #66 (permalink)  
 
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If you're worried about it being unconsitutional, then by all means go ahead and mount a high court challenge. We will await the outcome with great interest.
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Old 26th Mar 2020, 16:35
  #67 (permalink)  
 
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There are plenty of bureaucrats who claim jurisdiction over all sorts of things all the time, starting with local councils.

The first thing you need to know is that Federal law often trumps state law. Tasmania knows all about that - The Franklin Dam case.

To put it another way. Would an offence be committed if you flew to Tassie and did a touch and go somewhere?
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Old 26th Mar 2020, 18:48
  #68 (permalink)  
 
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Originally Posted by Sunfish View Post
To put it another way. Would an offence be committed if you flew to Tassie and did a touch and go somewhere?
Nothing seems to preclude a pilot from making a refuel stop at one of the 6 nominated aerodromes and then to proceed to a private airstrip. Burnie or King Island are not PPR so I wonder how effective this measure really is.


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Old 26th Mar 2020, 21:47
  #69 (permalink)  
 
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Originally Posted by Sunfish View Post

To put it another way. Would an offence be committed if you flew to Tassie and did a touch and go somewhere?
Maybe, maybe not. But why on earth would you want to? It seems a long way to go to practice touch and goes. It's also a long way to go for a holiday, given that nothing much will be open for business when you get there.
Anyway, good luck with it.
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Old 26th Mar 2020, 22:28
  #70 (permalink)  
 
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Think you will find that the legislation used is the Tas Emergency Management Act 2006, schedule 1 clause 1.1.b
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Old 26th Mar 2020, 22:35
  #71 (permalink)  
 
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And has a declaration of a state emergency been made under s 42 of that Act, and has a State Controller authorised, under s 40, the exercise of the emergency powers?
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Old 26th Mar 2020, 22:39
  #72 (permalink)  
 
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Yes. Can't post links but see Tas DHHS website news article dated 19 Mar 20 with the details.
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Old 26th Mar 2020, 23:18
  #73 (permalink)  
 
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So a Tasmanian health inspector could order the destruction of a Qantas VH registered B737 in Tasmania? I don’t think so.
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Old 27th Mar 2020, 00:09
  #74 (permalink)  
 
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I think you’re wrong, Sunfish.

It’s just a vehicle like any other vehicle.

Might be different for an ADF F18 or the PM’s VIP jet.
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Old 27th Mar 2020, 04:28
  #75 (permalink)  
 
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When this is all over will I need to apply for a visa to enter Tasmania?
I don't believe there is a Tasmanian embassy on the mainland, where can I apply for one?
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Old 27th Mar 2020, 04:33
  #76 (permalink)  
 
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No thorn bird, just tell them you are married to your sister and they will let you enter the Island.
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Old 27th Mar 2020, 04:59
  #77 (permalink)  
 
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Originally Posted by thorn bird View Post
When this is all over will I need to apply for a visa to enter Tasmania?
I don't believe there is a Tasmanian embassy on the mainland, where can I apply for one?
This could be Tasmania's chance to shine! I'm sure we could forgive them for all the subsidies and GST revenue we've been sending them for all these years, if they would take all the quarantine cases off our hands and let the productive bits of oz get back to work. It only cost 30 mill or so of everyone's money to build and abandon Pontville......should be able to fit at least one cruise boat's worth into whatever's left of it.
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Old 27th Mar 2020, 13:10
  #78 (permalink)  
 
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The head transplant may be problematic. However if you fly a twin....
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Old 27th Mar 2020, 17:59
  #79 (permalink)  
 
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Theoretical question to the Tasmanian crowd here: In a [hopefully] hypothetical dystopian scenario where a coronavirus world without vaccine or antiviral medicine becomes the new normal, the federal and state governments offer you a once off opportunity to make a choice between:
  1. Leave Tasmania, never to return again (a.k.a. last chance to emigrate to mainland Australia)
  2. Stay in Tasmania, never to leave again (mainland Australia will allow neither foreigners nor Tasmanians to enter)
It would be also interesting to ask non Tasmanians what they think Tasmanians would answer.
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Old 28th Mar 2020, 23:47
  #80 (permalink)  
 
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As a mainlander who emigrated to Tassie 7 years ago I can state unequivocally that I would take choice 2. above.
If that "dystopian" scenario unfolded, Tasmania could secede and create Utopia.
Benevolent Dictator at the top (me, of course). No CASA, own aircraft registry (for my BBJ) and local licencing system for our 20 pilots. A shipping flag of convenience for revenue. Tax shelter for money laundering (with 10% into my pocket of course).
And big hand outs in aid from Russia and China to buy votes in the U.N. against Australia.

Meantime, anyone who wants to test local authorities versus Commonwealth jurisdiction in an aircraft control issue, try flying here with no prior approval. Your aircraft would be padlocked to a small concrete block while you got led away to a larger one.
A call to your lawyer might get you an early release to a nearby quarantine centre, but it would not have your aircraft unchained. And the Feds would do SFA about it. There are examples of impounded aircraft around Australia for trivial matters such as airport fees in arrears. This would not be regarded as a trivial matter, so Sunny/Okihara don't try it on to prove a point of law!
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