Air Navigation (Charges) Amendment Act 1979 (Cth)

Air Navigation (Charges) Amendment Act 1979

No. 142 of 1979

An Act to amend the Air Navigation (Charges) Act 1952, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Air Navigation (Charges) Amendment Act 1979.

(2) The Air Navigation (Charges) Act 1952 is in this Act referred to as the Principal Act.

Commencement

2. (1) Section 10 and sub-section 17(2) shall come into operation on such date as is fixed by Proclamation.

(2) The remaining provisions of this Act shall come into operation on 1 December 1979.

Air navigation charges

3. Section 5 of the Principal Act is amended by omitting from sub-section (2) “an amount calculated at the rate of 10 per centum per annum upon the amount of that charge remaining unpaid” and substituting “an amount calculated upon the amount of that charge remaining unpaid at the rate of 1% for each month or part of a month for which that amount is unpaid”.

Schedule 1—paragraph 2aa

4. After paragraph 2 of Schedule 1 to the Principal Act the following paragraph is inserted:

“2aa. (1) A charge is payable, in accordance with this Schedule, by the owner of a foreign aircraft that is operated by a person (whether the owner or not) who is not the holder of an airline licence or a charter licence in respect of a flight made by the aircraft between places in Australia in the course of charter operations.

“(2) This paragraph applies in relation to a flight commencing and ending at the one place in Australia without a landing at any other place in like manner as it applies in relation to a flight between places in Australia.”.

Schedule 1—paragraph 3

5. Paragraph 3 of Schedule 1 to the Principal Act is amended by omitting sub-paragraph (1) and substituting the following sub-paragraph:

 

“(1) For the purposes of paragraphs 1, 2 and 2aa, a flight between 2 places by way of an intermediate stopping place (not being Canberra, Darwin, Alice Springs or the capital city of a State) or by way of intermediate stopping places (none of which is Canberra, Darwin, Alice Springs or the capital city of a State) shall be deemed to be a flight between those 2 places.”.

Schedule 1—paragraph 4

6. Paragraph 4 of Schedule 1 to the Principal Act is amended by inserting in sub-paragraphs (1) and (1a) “2aa,” after “paragraph 1, 2”

Schedule 1—paragraph 6

7. Paragraph 6 of Schedule 1 to the Principal Act is amended by inserting after sub-paragraph (2) the following sub-paragraph:

“(2a) A charge is payable by the owner of a foreign aircraft that is operated by a person (whether the owner or not) who is not the holder of an airline licence or a charter licence in respect of the landing in Australia of the aircraft on arrival from a place outside Australia in the course of charter operations, and a charge is payable by the owner of a foreign aircraft that is operated by such a person in respect of the take-off of the aircraft on departure to a place outside Australia in the course of charter operations.”.

Schedule 1—paragraphs 7 and 7a

8. Paragraph 7 of Schedule 1 to the Principal Act is omitted and the following paragraphs are substituted:

“7. For the purposes of this Schedule, the unit charge for an aircraft (not being an aircraft to which paragraph 7a applies) is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—12.5 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—21.9 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft;

(c) if the weight of the aircraft is more than 9,000 kilogrammes but not more than 20,000 kilogrammes—$4.38 plus 52.4 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes;

(d) if the weight of the aircraft is more than 20,000 kilogrammes but not more than 100,000 kilogrammes—$15.91 plus 64.4 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes; or

(e) if the weight of the aircraft is more than 100,000 kilogrammes—$118.95 plus 59.6 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.

 

“7a. (1) This paragraph applies to an aircraft—

(a) that is operated by Qantas Airways Limited;

(b) that is operated by the holder of an international airline licence issued under the Air Navigation Act 1970; or

(c) that is a foreign aircraft engaged in charter operations and is operated by a person who is not the holder of an airline licence or a charter licence.

“(2) For the purposes of this Schedule, the unit charge for an aircraft to which this paragraph applies is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—9 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—15.2 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft;

(c) if the weight of the aircraft is more than 9,000 kilogrammes but not more than 20,000 kilogrammes—$3.04 plus 36.4 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes;

(d) if the weight of the aircraft is more than 20,000 kilogrammes but not more than 100,000 kilogrammes—$11.05 plus 44.8 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes; or

(e) if the weight of the aircraft is more than 100,000 kilogrammes—$82.73 plus 41.5 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.”.

Schedule 1—table

9. Part I of the table in Schedule 1 to the Principal Act is amended by inserting after item 132 the following item:

“132a. Melbourne-Proserpine..................................  11”.

Schedule 2—paragraph 4a

10. Paragraph 4a of Schedule 2 to the Principal Act is omitted and the following paragraph substituted:

“4a. For the purposes of this Schedule, the unit charge for an aircraft is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—12 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—21 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft;

 

(c) if the weight of the aircraft is more than 9,000 kilogrammes but not more than 20,000 kilogrammes—$4.20 plus 50.3 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes;

(d) if the weight of the aircraft is more than 20,000 kilogrammes but not more than 100,000 kilogrammes—$15.27 plus 61.8 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes; or

(e) if the weight of the aircraft is more than 100,000 kilogrammes—$114.15 plus 57.2 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.”.

Schedule 2—paragraph 10

11. Paragraph 10 of Schedule 2 to the Principal Act is amended—

(a) by omitting from sub-paragraph (1) “of the Second Division”; and

(b) by omitting sub-paragraph (3) and substituting the following sub-paragraph:

“(3) Without limiting the generality of the preceding provisions of this paragraph, where a charge has been paid in respect of an aircraft in respect of a year and the registration of the aircraft is cancelled during that year, the holder of the certificate of registration in respect of the aircraft is entitled to a refund of an amount calculated by multiplying the weekly rate at which the charge was so paid by the number of whole weeks from the date of cancellation to the end of that year.”.

Schedule 2—paragraph 11

12. Paragraph 11 of Schedule 2 to the Principal Act is amended by omitting from sub-paragraph (2) “the person who paid the charge” and substituting “the holder of the certificate of registration in respect of the aircraft”.

Schedule 3—paragraph 1

13. Paragraph 1 of Schedule 3 to the Principal Act is omitted and the following paragraph substituted:

“1. Charges are payable, in accordance with this Schedule, by the owners of foreign aircraft, other than aircraft—

(a) that are operated by the holders of airline licences;

(b) that are operated by the holders of charter licences in the course of regular public transport operations or of charter operations; or

(c) that are operated by persons who are not the holders of airline licences or charter licences in the course of charter operations.”.

 

Schedule 3—paragraph 3

14. Paragraph 3 of Schedule 3 to the Principal Act is amended by omitting sub-paragraph (1) and substituting the following sub-paragraph:

“(1) The amount of the charge payable under this Schedule in respect of an aircraft is 18 times the unit charge for the aircraft in respect of each week or part of a week included in the relevant period.”.

Schedule 3—paragraph 4a

15. Paragraph 4a of Schedule 3 to the Principal Act is omitted.

Schedule 3—paragraph 6

16. Paragraph 6 of Schedule 3 to the Principal Act is amended by omitting from sub-paragraph (1) “of the Second Division”.

Application of amendments

17. (1) The amendment made by section 3 applies in respect of a liability to a penalty that arises on or after 1 December 1979.

(2) The amendments made by sections 4 to 9 (inclusive) do not apply in relation to an aircraft during a period in respect of which a charge has become payable, or has been paid, under Schedule 3 to the Principal Act in relation to the aircraft.

(3) The amendment made by section 10 applies in relation to a year of registration of an aircraft commencing on or after the day on which that section comes into operation.

(4) The amendment made by section 14 applies in relation to a charge payable in respect of a week or a part of a week included in a relevant period commencing on or after 1 December 1979.