Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, declare an area of land, sea or airspace in or adjacent to Australia to be a defence aviation area .
(2) The Minister must not declare an area unless the Minister is satisfied that:
(a) it is necessary for the defence of Australia for any of the matters mentioned in paragraphs 117AD(a) to (c) to apply in relation to the area; and
(b) in particular, the matters are necessary for the purpose of preventing or reducing hazards to the following as they relate to the defence of Australia:
(i) aircraft;
(ii) aviation - related communications, navigation or surveillance.
(3) Without limiting section 117AD, a declaration of an area may also specify height restrictions that apply in relation to buildings, structures and objects (including trees and other natural obstacles) within the area.
(4) A declaration of an area may apply, adopt or incorporate, with or without modification:
(a) a map, or a matter contained in a map, as in force or existing from time to time; or
(b) a matter contained in an instrument or other writing as in force or existing from time to time, to the extent that the matter relates to a map.