COMAUSFLT/ COMD AVNCOMD/ ACAUST must ensure that the Rules of the Air as they apply to Defence Aviation as stipulated within Defence AIP are harmonised with ICAO and national civil practice wherever practical in order to assure Defence Aviation interoperability with non-Defence aviation activities. GMGM AMCAMC
RoA information sources that will ensure interoperability include:
ICAO Annex 2 – Rules of the Air
Civil Aviation Act 1988 (Clth)
Australian Airspace Regulations 2007.
Defence AIP is the preferred document to hold Defence RoA; however, in interests of harmonisation, a shared civil–military RoA document with the civil regulator may also be published.
The Chicago Convention, including associated amending protocols, is set out in the Schedules to the Air Navigation Act 1920 and further implemented through the Civil Aviation Act 1988 (the Act). Consistent with Article 3 of the Chicago Convention, Section 4 of Part I of the Act states that ‘except where the expression state aircraft is used, references in Part III or IIIB or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft.
The Civil Aviation Safety Authority (CASA) is the agency responsible for implementing Civil Aviation Regulations 1988 (CAR) and Civil Aviation Safety Regulations (CASR) 1998, which are derived from the Act and other legislation.
The International Civil Aviation Organisation (ICAO) implements the requirements set by the Chicago Convention through the distribution of ICAO Standards and Recommended Practices (SARPS)1 1 ICAO publishes Annexes22 to the Convention that contain SARPS and Procedures for Air Navigation Services (PANS) documents that provide guidance and information facilitating the uniform application of the SARPS. ICAO Annexes have a higher status than PANS documents, therefore Defence RoA will normally only make mention of ICAO Annexes when used for acceptable mean of compliance. As States may also exempt themselves from ICAO SARPS, any significant differences to ICAO SARPS should be documented as an exemption as identified in ICAO Annex 15, Appendix 1 section GEN 1.7 or within Defence AIP and advised to CASA.
A significant consideration is that the use of the term state aircraft may not exempt all Defence Aviation from the Act because:
Defence provides air navigation services (ANS) to civil aircraft, which are required to comply with the Act. Therefore, the Defence services provided to civil aircraft must also comply in order to be interoperable.
Civil aircraft operate in Defence controlled airspace, and Defence aircraft operate in civil controlled airspace; as such, Defence is well motivated to align with the Act to ensure interoperability between Defence and civil aviation.
Where practicable, Defence RoA harmonisation with civil RoA can ensure Defence Aviation is conducted in a manner no less safe than civil aviation.