Document ID: chunk:federal_register_of_legislation:F2024C00980:reg:7
Version: federal_register_of_legislation:F2024C00980
Segment Type: reg
Provision Reference: reg 7
Character Range: 10179–11978

7  Instructions and directions relating to air traffic services

Instructions to aircraft
 (1) A qualified employee may give air traffic instructions and air traffic clearances to an aircraft:
 (a) at a controlled aerodrome; or
 (b) in airspace to which a determination under paragraph 5(1)(d) of the Airspace Regulations 2007 applies.
 (2) An air traffic clearance given in conjunction with air traffic instructions forms part of those air traffic instructions.

Instructions to aircraft engaged in IFR flights and VFR flights
 (3) AA may give instructions to aircraft engaged in IFR flights or VFR flights about the use of:
 (a) a controlled aerodrome; or
 (b) airspace to which a determination under paragraph 5(1)(d) of the Airspace Regulations 2007 applies.

Instructions about use of Territory airspace
 (4) AA may give instructions about the use of airspace above an area of Australian territory if:
 (a) the area has been declared under regulation 6 of the Airspace Regulations 2007 to be a restricted area or a danger area; and
 (b) airspace above that area is airspace to which a determination under paragraph 5(1)(d) of the Airspace Regulations 2007 applies.

When instructions take effect
 (5) An air traffic clearance or air traffic instruction given under subsection (1) takes effect immediately or at a later time specified in the clearance or instruction.
 (6) An instruction given under subsection (3) or (4) does not take effect until published in the Aeronautical Information Publication or a Notice to Airmen.
 (7) If an instruction in force under subsection (4) is inconsistent with an instruction in force under subsection (3):
 (a) the instruction under subsection (4) prevails; and
 (b) the instruction under subsection (3) has no effect to the extent of the inconsistency.