In 2002 Australia became the first nation to promulgate certification standards for the commercial use of drones\nor Unmanned Aircraft Systems (UAS). Since that time the Australian Civil Aviation Safety Authority (CASA) has\nplayed a key role both domestically and internationally through the International Civil Aviation Organization (ICAO) in\nassisting to develop technical guidance materials that will enable contracting states to develop UAS regulations. An\narduous component of this task is the fact that all existing aircraft are capable of being unmanned. Moreover, given\nthe unbounded nature of aircraft operations, UAS regulations necessarily require international harmonisation. But\nthe objective of developing universal UAS standards is still far from being finalised while the accelerating pace of\nUAS technological development continues to challenge traditional regulatory regimes and legal systems throughout\nthe world. This paper considers the broader legal issues associated with civilian UAS operations and their integration\ninto unsegregated civilian airspace. In particular the Australian UAS regulatory experience is examined with some\nunique constitutional limitations identified in relation to the application of the so-called ââ?¬Ë?commingling theoryââ?¬â?¢. It is\ncontended that such limitations may render void existing UAS regulation in certain situations ââ?¬â?? many of which are\nlikely to have adverse privacy implications. This paper strongly asserts that if the commercial benefits attendant to\nUAS operations is to be fully realised then their risks to society must be controlled through domestic legislation that\nis harmonised with internationally agreed standards.
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