Air Navigation (Charges) Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated 18 June 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Peter Morris
Minister of State for Aviation
“ ‘Avtur aircraft’ means an aircraft, not being an international general aviation aircraft within the meaning of regulation 19, powered by an engine or engines using aviation turbine kerosene;”.
(S.R. 140/87)—Cat. No. 14/15.6.1987X
“2aa.
(1)
Charges are not payable in accordance with these Regulations in respect of the
use by aircraft of any aerodrome that is a Federal airport within the meaning
of the
(2) Charges are not payable in accordance with these Regulations in relation to aircraft other than Avtur aircraft except as these Regulations otherwise provide.”.
(a) by omitting subregulation (1) and substituting the following subregulation:
“(1) For the purposes of section 5a of the Act, the following circumstance is a prescribed circumstance in relation to the authorization by the Minister, the Secretary or an officer of the Department authorized by the Secretary to act under that section, of a remission or refund of the whole or part of any charge or penalty due and payable under the Act, namely:
(a) that the charge is an annual charge imposed in accordance with regulation 20 of the Principal Regulations as in force immediately before the commencement of these Regulations; or
(b) that the penalty is a penalty under subsection 5 (2) of the Act in relation to such an annual charge;
in respect of a year of registration in relation to an Australian aircraft ending on or after 1 July 1987.”; and
(b) by omitting subregulation (2).
(a) by omitting from paragraph (1) (a) “other than an annual charge” (wherever occurring);
(b) by omitting paragraph (1) (b); and
(c) by omitting subregulation (3).
(a) by omitting subregulations (1) and (2) and substituting the following subregulation:
“(1) This regulation applies in relation to:
(a) each landing of an Avtur aircraft, not being an Avtur aircraft in respect of which international general aviation charges are applicable; and
(b) each landing, being a landing at an aerodrome referred to in Schedule 5, of an aircraft other than an Avtur aircraft (not being an aircraft in respect of which international general aviation charges are payable).”;
(b) by inserting in subregulation (3) “and regulation 16” after “this regulation”;
(c) by omitting the table at the foot of subregulation (3) and substituting the following table:
“Column 1 | Column 2 | Column 3 | Column 4 |
Item No. | Aerodrome/ facility | Rate per 1,000 kilogrammes | Minimum charge |
$ | $ | ||
1 | Aerodrome maintained, operated or provided by the Commonwealth.................................................................... | 4.40 | 6.60 |
2 | Aerodrome in respect of the maintenance or operation of which financial assistance is provided by the Commonwealth, not being an aerodrome specified in Schedule 2..................................... | 2.20 | 3.30 |
3 | Terminal navigation facilities, being such facilities relating to an aerodrome specified in Schedule 3......................................... | 2.53 | 3.80 |
4 | Fire Fighting and Rescue Service, being such a service relating to an aerodrome specified in Schedule 4..................................... | 1.65 | 2.48”; |
(d) by inserting in subregulation (7) “referred to in paragraph (1) (a)” after “an aircraft”;
(e) by inserting after subregulation (7) the following subregulation:
“(7a) In relation to a landing or landings at an aerodrome referred to in Schedule 5 during circuit training conducted in the course of a training flight by an aircraft referred to in paragraph (1) (b), the charge payable in respect of the use by the aircraft of that aerodrome, or the provision for use by the aircraft of facilities or services relating to that aerodrome, is the charge applicable in relation to one landing of the aircraft at that aerodrome.”;
(f) by omitting from paragraph (8) (b) “and”; and
(g) by adding at the end of subregulation (8) the following word and paragraph:
“; and (d) an invoice referred to in regulation 23, being an invoice containing a printout of computerised records of each flight to which the invoice relates.”.
“13. Landing charges are payable in respect of each landing of an Australian aircraft:
(a) in the case of an Avtur aircraft:
(i) where the aircraft is operated under an airline licence (including an international airline licence) or a cargo airline licence—by the holder of the licence; or
(ii) where subparagraph (i) does not apply—by the holder of the certificate of registration in respect of the aircraft; and
(b) in the case of an aircraft other than an Avtur aircraft—by the holder of the certificate of registration in respect of the aircraft.”.
(a) by omitting subregulation (1) and substituting the following subregulation:
“(1) Where facilities of a kind referred to in subsection 5 (1) of the Act would not otherwise be provided, or services of a kind referred to in that subsection would not otherwise be made available, for use by aircraft, an authorized officer may enter into an arrangement with a person for the purpose of providing those facilities or making available those services for use by an aircraft to which the arrangement relates.”;
(b) by omitting subregulation (2);
(c) by omitting subregulation (3) and substituting the following subregulation:
“(3) Where an authorized officer enters into an arrangement, a charge is payable in relation to providing facilities or making available services to which the arrangement relates as determined under subregulation (5).”;
(d) by omitting from subregulation (4) “under sub-regulation (3) in relation to an arrangement referred to in sub-regulation (1) or (2)” and substituting “in relation to an arrangement”;
(e) by omitting from paragraph (4) (b) “as referred to in sub-regulation (1) or (2)”;
(f) by omitting from subregulation (5) “of an additional charge under sub-regulation (3) in relation to an arrangement referred to in that sub-regulation” and substituting “of a charge in relation to an arrangement”; and
(g) by omitting subregulation (6) and substituting the following subregulations:
“(6) Where an arrangement is entered into to provide facilities or make available services in relation to an aircraft to which landing charges are applicable, landing charges are not payable in relation to that aircraft in respect of any landing under the arrangement, but the amount of a charge in relation to the arrangement shall be not less than the amount of landing charges that would be payable in respect of that aircraft if those facilities were provided or services were made available for use by that aircraft otherwise than under such an arrangement.”.
(a) by omitting from subregulation (1) “$1.80” and substituting “$2.07”; and
(b) by omitting subregulation (3).
(a) by omitting from paragraph (1) (b) “and”; and
(b) by adding at the end of subregulation (1) the following word and paragraph:
“; and (d) an invoice referred to in regulation 23, being an invoice containing a printout of computerised records of any flight to which the invoice relates.”.
“24. (1) A person by whom a charge is payable in relation to an aircraft under these Regulations (in this regulation called ‘the debtor’) may, subject to this regulation, assign to another person his or her liability in respect of that charge.
“(2) A person is not entitled to make an assignment except where the period of assignment specified in the assignment is a period exceeding 30 days.
“(3) An assignment:
(a) shall be made in writing and lodged with the Secretary;
(b) shall state the period for which the assignment is specified to have effect;
(c) shall be signed by the debtor and the assignee; and
(d) shall contain the following particulars:
(i) the name of the holder of the certificate of registration, or airline licence holder, as the case may be, in respect of the aircraft to which the assignment relates;
(ii) the full name of the assignee and his or her address for service in respect of accounts under the assignment; and
(iii) the registration mark of the aircraft.
“(4) An assignment shall have no effect unless:
(a) not later than 7 days after the day on which the assignment is expressed to come into operation, a form of assignment completed in accordance with subregulation (3) is lodged with the Secretary; and
(b) before the day for payment specified in the notice or demand relating to the charge to which the assignment relates, that form of assignment has been approved by the Secretary or an authorized officer.”.
(a) by omitting:
“Adelaide
Alice Springs”
and substituting:
“Adelaide
Albury
Alice Springs”; and
(b) by omitting:
“Jandakot
Launceston”
and substituting:
“Jandakot
Karratha
Launceston”.
SCHEDULE 5 Subregulation 12 (1)
AERODROMES WHERE LANDING CHARGES ARE PAYABLE BY AIRCRAFT OTHER THAN AVTUR AIRCRAFT
Sydney
Melbourne
Essendon
Brisbane
Coolangatta
Adelaide
Perth
Hobart
Launceston
1. Notified in the
2. Statutory Rules 1985 No. 130 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1987 No. 71 andsee also Statutory Rules 1987 No. 71.
Printed by Authority by the Commonwealth Government Printer
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