Part A
- Answer all questions
- As a guide, each answer should be between approximately 80 and 100 words. There is, however, no penalty for going over or under these amounts
- Relevant cases or legislation should be cited where appropriate
- Each question is worth 3 marks
- Reference APA 6
- Does the Constitution of Australia specifically allow the Commonwealth Government to legislate for aviation? If not, what cases or other developments have led to it being the responsibility of the Commonwealth Government rather than the various State Governments to legislate for aviation?
- Why do many of our Australian aviation laws originate from international treaties or conventions? If they are set out in international conventions, is it necessary for local Australian laws to be passed?
- Describe the powers of a Pilot in Command in dealing with an aviation security or aviation criminal incident. What are the main Commonwealth Act(s) or Regulation(s) that deal with this?
- Identify and give examples of the elements of a legally enforceable contract.
- Using an example, describe how the Environment Protection and Biodiversity Conservation Act 1999 regulates the actions of either aviators or operators of aerodromes.
- Using an example in the aviation context, identify the elements required to establish a common law claims of negligence.
Part B
· Answer both questions
· As a guide, each answer should be between approximately 200 and 300 words. There is, however, no penalty for going over or under these amounts
· Relevant cases or legislation should be cited where appropriate
· Each question is worth 16 marks
- Reference APA 6
1. You are a manager of a domestic airline in Australia. The CEO has received a complaint from a passenger that during a recent flight between Sydney and Melbourne, there was a very hard landing, and that during that landing the passenger injured his back and damaged his laptop computer. The CEO has asked you to provide a report setting out:
a. The major pieces of aviation legislation (Act(s) and Regulation(s)) that the board needs to consider;
b. Whether this incident should be reported to any Government authority; and
c. What legal principles will determine whether the airline will be legally liable for the injury and property damage either under common law or under a specific liability legislation.
2. You are a member of project team for the establishment of a second Brisbane domestic airport. The airport will be served by a small number of low-cost Regular Public Transport carriers and will provide for a terminal instrument flight procedure. The team leader has asked you to look into regulatory compliance. Provide a report to the team on the following:
- Whether certification or registration of the airport is required?
- What legislation and CASA manuals regulate certification or registration of airports?
- What government authorities administer the certification and registration system?
- What functions or services will Airservices Australia provide?
- Is there any domestic legislation regarding airport security to consider?
- Are there any other regulatory requirements to consider?
