Air Navigation (Charges) Act 1952 (Cth)

Text C2004C01750

AIR NAVIGATION (CHARGES) ACT 1952 - Reprinted as at 31 August 1991 (#DATE 31:08:1991) *1* The Air Navigation (Charges) Act 1952 as shown in this reprint comprises Act No. 101, 1952 amended as indicated in the Tables below. Table of Acts Act Date of Date of Application Number Assent commencement saving or and year transitional provisions Air Navigation (Charges) Act 1952 101, 1952 18 Nov 1952 16 Dec 1952 Air Navigation (Charges) Act 1957 87, 1957 12 Dec 1957 1 Jan 1958 S. 11 Air Navigation (Charges) Act 1960 49, 1960 3 Nov 1960 3 Nov 1960 S. 5 Air Navigation (Charges) Act 1962 78, 1962 11 Dec 1962 12 Dec 1962 S. 8 Air Navigation (Charges) Act 1963 97, 1963 1 Nov 1963 1 Jan 1964 S. 5 Air Navigation (Charges) Act 1964 95, 1964 9 Nov 1964 1 Jan 1965 S. 5 Air Navigation (Charges) Act 1965 107, 1965 18 Dec 1965 Ss. 1, 2 and 9: Ss. 8 Royal Assent and 9 Remainder: 1 Jan 1966 Air Navigation (Charges) Act (No. 2) 1965 125, 1965 18 Dec 1965 14 Feb 1966 S. 4 Air Navigation (Charges) Act 1966 48, 1966 26 Oct 1966 1 Jan 1967 S. 4 Air Navigation (Charges) Act 1967 79, 1967 8 Nov 1967 S. 3: 1 Jan 1968 Ss. 3 Remainder: Royal (2) and (5) Air Navigation (Charges) Act 1968 84, 1968 21 Nov 1968 S. 4: 1 Jan 1969 Ss. 4 Remainder: Royal (2) Assent Air Navigation (Charges) Act 1969 75, 1969 26 Sept 1969 1 Jan 1970 S. 3 (2) Air Navigation (Charges) Act 1970 105, 1970 4 Nov 1970 S. 4: 1 Jan 1971 - Remainder: Royal Assent Air Navigation (Charges) Act 1972 100, 1972 26 Oct 1972 Ss. 5, 7 and 8: S 11 1 Dec 1972 Remainder: Royal Assent Air Navigation (Charges) Act 1973 179, 1973 12 Dec 1973 1 Dec 1973 S. 16 Air Navigation (Charges) Act 1974 114, 1974 3 Dec 1974 Ss. 1 and 2: Royal Ss. 13 Assent Ss. 4-11 and 14: and 14 1 Dec 1974 Remainder: 25 Feb 1975 (a) Air Navigation (Charges) Act 1976 5, 1976 9 Mar 1976 9 Mar 1976 S. 6 Air Navigation (Charges) Amendment Act 1976 124, 1976 24 Nov 1976 1 Dec 1976 S. 17 Air Navigation (Charges) Amendment Act 1978 176, 1978 28 Nov 1978 1 Dec 1978 S. 9 Air Navigation (Charges) Amendment Act 1979 142, 1979 23 Nov 1979 Ss. 10 and 17 (2): S, 17 1 Dec 1979 (see Gazette 1979, No. S252) Remainder: 1 Dec 1979 Air Navigation (Charges) Amendment Act 1980 138, 1980 19 Sept 1980 1 Dec 1980 S. 13 Air Navigation (Charges) Amendment Act 1981 123, 1981 30 Sept 1981 1 Oct 1981 S. 6 Air Navigation (Charges) Amendment Act 1982 77, 1982 19 Sept 1982 Part II (ss. 3-5): S. 5 1 Oct 1982 Part III (ss. 6-8): 1 Feb 1983 (see Gazette 1983, No. G3, p. 220) Remainder: Royal Assent Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 80, 1982 22 Sept 1982 S. 280: Royal Assent (b) S. 280 (2) and (3) Air Navigation (Charges) Amendment Act 1984 107, 1984 17 Oct 1984 S. 3: 1 June 1990 Ss. 4 (see Gazette (2) and 1990, No. S128) 11 Ss. 4 (1) (b)-(d), (2), (3) and 7 (2): 1 Jan 1985 Ss. 4 (1) (a) and 10: 1 July 1986 (see Gazette 1986, No. S312) Ss. 5, 6 and 11: 1 July 1985 (see Gazette 1985, No. S231) Remainder: Royal Assent Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 76, 1986 24 June 1986 S. 3: 1 July 1986 (c) S. 9 Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 168, 1986 18 Dec 1986 S. 3: Royal Assent (d) S. 5 (1) Transport Legislation Amendment Act 1988 57, 1988 15 June 1988 Ss. 3 (1), (2), 5, 6, S. 3 17 and 18: 1 July 1988 (5) (see Gazette 1988, No. S193) S. 7: 1 May 1989 (see Gazette 1989, No. S150) Ss. 10-12, 14 and 15: 13 June 1986 (see s. 2 (2) and Gazette 1986, No. S269) Remainder: Royal Assent Civil Aviation Act 1988 63, 1988 15 June 1988 Part III (ss. 17-32), Ss. 100 s. 98 and Parts IX -102 and X (ss. 99-103): 1 July 1988 (see Gazette 1988, No. S189) Remainder: Royal Assent Transport and Communications Legislation Amendment Act 1989 29, 1989 22 May 1989 22 May 1989 - Transport and Communications Legislation Amendment Act 1990 11, 1991 21 Jan 1991 Part 3 (ss. 5 and 6): - Royal Assent (e) (a) Section 10 of the Statute Law (Miscellaneous Amendments) Act 1981 (No. 176, 1981) provides as follows: "10. Notwithstanding subsection 2 (3) of the Air Navigation (Charges) Act 1974, sections 3, 12 and 13 of that Act shall be deemed to have come into operation on 25 February 1975. Section 2 (1) of the Statute Law (Miscellaneous Amendments) Act 1981 provides that Part IV (section 10) shall come into operation on Royal Assent which was 2 December 1981. (b) The Air Navigation (Charges) Act 1952 was amended by section 280 only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (1) of which provides as follows: "(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent." (c) The Air Navigation (Charges) Act 1952 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, section 2 (2) of which provides as follows: "(2) The amendment of the Air Navigation (Charges) Act 1952 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, on the day on which paragraph 4 (1) of the Air Navigation (Charges) Amendment Act 1984 comes or came into operation. (d) The Air Navigation (Charges) Act 1952 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (e) The Air Navigation (Charges) Act 1952 was amended by Part 3 (sections 5 and 6) only of the Transport and Communications Legislation Amendment Act 1990, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 2 rs. No. 107, 1965 am. No. 179, 1973; No. 114, 1974; No. 176, 1978; No. 80, 1982; No. 107, 1984; No. 29, 1989 S. 5 am. No. 179, 1973; No. 124, 1976; No. 142, 1979; No. 107, 1984; No. 76, 1986; No. 63, 1988; No. 11, 1991 Ss. 5A-5H, 5J, 5K ad. No. 107, 1984 S. 5A ad. No. 107, 1984 am. No. 29, 1989 S. 5B ad. No. 107, 1984 am. No. 168, 1986 rep. No. 63, 1988 ad. No. 29, 1989 S. 5C ad. No. 107, 1984 rep. No. 63, 1988 ad. No. 29, 1989 Ss. 5D-5H ad. No. 107, 1984 rep. No. 63, 1988 S. 5J ad. No. 107, 1984 am. No. 57, 1988 rep. No. 63, 1988 S. 5K ad. No. 107, 1984 rep. No. 63, 1988 S. 6 rs. No. 87, 1957 am. No. 84, 1968; No. 179, 1973; No. 124, 1976; No. 176,1978; No. 138, 1980 rs. No. 107, 1984 am. No. 63, 1988 Heading to The Schedules rep. No. 179, 1973 Heading to First Schedule rep. No. 179, 1973 Heading to Schedule 1 ad. No. 179, 1973 First Schedule am. No. 87, 1957; No. 49, 1960; No. 78, 1962; No. 97, 1963; No. 95, 1964; Nos. 107 and 125, 1965; No. 48, 1966; No. 79, 1967; No. 84, 1968; No. 75, 1969; No. 105, 1970; No. 100, 1972; No. 179, 1973 Schedule 1 am. No. 114, 1974; Nos. 5 and 124, 1976; No. 176, 1978; No. 142, 1979; No. 138, 1980; No. 123, 1981; No. 77, 1982; No. 107, 1984 rep. No. 107, 1984 Heading to Second Schedule rep. No. 179, 1973 Heading to Schedule 2 ad. No. 179, 1973 Second Schedule am. No. 87, 1957 rs. No. 78, 1962 am. No. 97, 1963; No. 107, 1965 rs. No. 105, 1970 am. No. 100, 1972; No. 179, 1973 Schedule 2 am. No. 114, 1974; No. 124, 1976; No. 176, 1978; No. 142, 1979; No. 123, 1981; No. 77, 1982; No. 107, 1984 rep. No. 107, 1984 Heading to Third Schedule rep. No. 179, 1973 Heading to Schedule 3 ad. No. 179, 1973 Third Schedule am. No. 87, 1957; No. 78, 1962; No. 107, 1965; No. 84, 1968; No. 179, 1973 Schedule 3 am. No. 114, 1974; No. 124, 1976; No. 176, 1978; No. 142, 1979; No. 123, 1981; No. 77, 1982; No. 107, 1984 rep. No. 107, 1984 AIR NAVIGATION (CHARGES) ACT 1952 - TABLE OF PROVISIONS TABLE OF PROVISIONS TABLE Section 1. Short title 2. Interpretation 3. Application 4. Crown to be bound 5. Air navigation charges 5A. Remissions and refunds of charges and penalties 5B. Review of decisions 5C. Statements to accompany notices 6. Regulations AIR NAVIGATION (CHARGES) ACT 1952 - LONG TITLE SECT An Act relating to Charges in respect of Commonwealth Air Navigation Facilities and Services AIR NAVIGATION (CHARGES) ACT 1952 - SECT 1 Short title SECT 1. This Act may be cited as the Air Navigation (Charges) Act 1952.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER . AIR NAVIGATION (CHARGES) ACT 1952 - SECT 2 Interpretation SECT 2. (1) In this Act: "Australia" includes all the Territories; "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975; "reviewable decision" means a decision made under section 5A; "Secretary" means the Secretary to the Department. (2) Unless the contrary intention appears, expressions used in this Act that are used in the Air Navigation Regulations have the same meanings as they have in those Regulations. AIR NAVIGATION (CHARGES) ACT 1952 - SECT 3 Application SECT 3. This Act applies throughout Australia. AIR NAVIGATION (CHARGES) ACT 1952 - SECT 4 Crown to be bound SECT 4. This Act binds the Crown in right of the Commonwealth or of a State. AIR NAVIGATION (CHARGES) ACT 1952 - SECT 5 Air navigation charges SECT 5. (1) Charges are payable, in accordance with the regulations, in respect of the use by aircraft of aerodromes: (a) that are maintained, operated or provided by the Commonwealth; or (b) in respect of the maintenance or operation of which financial assistance is provided by the Commonwealth. (2) Where a charge under this Act is not paid within 28 days, or such other period as is prescribed, after the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Commonwealth, in addition to the charge, a penalty. (2A) The penalty is to be calculated upon the unpaid amount of the charge at the rate of: (a) 1.5% for each month or part of a month; or (b) such other percentage as is prescribed for such period, or part of such period, as is prescribed; during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded. (3) The following amounts may be recovered by the Commonwealth as debts due to the Commonwealth: (a) a charge that is due and payable under this Act; and (b) an amount payable by way of penalty under subsection (2). AIR NAVIGATION (CHARGES) ACT 1952 - SECT 5A Remissions and refunds of charges and penalties SECT 5A. The Secretary or an officer of the Departmentauthorized by the Secretary to act under this section may, in the prescribed circumstances, authorize such remission or refund of the whole or part of any charge due and payable under this Act, or of the whole or part of an amount payable by way of penalty under subsection 5 (2), as that person thinks just in all the circumstances. AIR NAVIGATION (CHARGES) ACT 1952 - SECT 5B Review of decisions SECT 5B. (1) A person affected by a reviewable decision may, by notice in writing given to the Secretary: (a) within the period of 28 days after the day on which the decision first comes to the person's notice; or (b) within such further period as the Secretary (either before or after the end of the period mentioned in paragraph (a)) allows by notice in writing served on the person; request the Secretary to reconsider the decision. (2) The request shall set out the grounds on which reconsideration of the decision is sought. (3) Within 28 days after receiving the request, the Secretary shall reconsider the decision and affirm or revoke the decision or vary the decision in such manner as the Secretary thinks fit. (4) Where the Secretary affirms, revokes or varies a decision, the Secretary shall, by notice in writing served on the person who made the request: (a) inform the person of the result of the reconsideration of the decision; and (b) give the reasons for affirming, revoking or varying the decision, as the case may be. (5) Applications may be made to the Administrative Appeals Tribunal for reviews of reviewable decisions that have been affirmed or varied under subsection (3). AIR NAVIGATION (CHARGES) ACT 1952 - SECT 5C Statements to accompany notices SECT 5C. (1) Where the person who makes a reviewable decision gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that a person affected by the decision: (a) may request the Secretary to reconsider the decision; and (b) may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with a decision made by the Secretary under subsection 5B (3) affirming or varying the reviewable decision, apply to the Administrative Appeals Tribunal for review of the decision so affirmed or varied. (2) Where the Secretary makes a decision under subsection 5B (3) affirming or varying a reviewable decision, the notice given under subsection 5B (4) shall include a statement to the effect that a person affected by the decision so affirmed or varied may, subject to the Administrative Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of the decision. (3) Any failure to comply with the requirements of subsection (1) or (2) in relation to a decision does not affect the validity of the decision. AIR NAVIGATION (CHARGES) ACT 1952 - SECT 6 Regulations SECT 6. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters: (a) permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the regulations may make provision for and in relation to: (b) enabling specified classes of documents to be prima facie evidence of movements of aircraft for the purpose of establishing liability to charges under this Act; (c) review by the Administrative Appeals Tribunal of specified decisions made under the regulations; and (d) the imposition of fines, not exceeding $1,000, in respect of offences against the regulations.