TAS Border Control
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
Various states gave up power over aviation circa 1920, prior to Australia signing the Warsaw convention.
Power over commercial airports? Yes. Private airfields? No
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.
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.
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
Various states gave up power over aviation circa 1920, prior to Australia signing the Warsaw convention.
Power over commercial airports? Yes. Private airfields? No
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.
"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.
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?
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?
Join Date: Mar 2018
Location: Currently: A landlocked country with high terrain, otherwise Melbourne, Australia + Washington D.C.
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Anyway, good luck with it.
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?
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.
It’s just a vehicle like any other vehicle.
Might be different for an ADF F18 or the PM’s VIP jet.
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.
Join Date: Jul 2019
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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:
- Leave Tasmania, never to return again (a.k.a. last chance to emigrate to mainland Australia)
- Stay in Tasmania, never to leave again (mainland Australia will allow neither foreigners nor Tasmanians to enter)
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!
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!