Air Navigation (Charges) Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 711

Air Navigation (Charges) Regulations2

(Amendment)

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 Air Navigation (Charges) Act 1952.

Dated 30 April 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Morris

Minister of State for Aviation

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Air Navigation (Charges) Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended by inserting after the definition of “annual charge” the following definition:

“ ‘authorized officer’ means an officer of the Department authorized in writing by the Secretary for the purposes of the provision in which the expression occurs;”.

3. Regulation 2a of the Principal Regulations is repealed and the following regulation substituted:

Prescribed circumstances in relation to remission and refund of penalty

“2a. (1) For the purposes of section 5a of the Act, the following circumstance is a prescribed circumstance in relation to the amount by way of penalty under subsection 5 (2) of the Act in respect of a charge payable in accordance with regulation 20 by the holder of a certificate of registration in respect of an Australian aircraft, namely, that the charge is in respect of a year of registration in relation to the aircraft that expires on or after 1 July 1987.

(S.R. 79/87)—Cat. No.  14/3.4.1987

“(2) In subregulation (1), ‘year of registration’, in relation to an Australian aircraft, means the period of 12 months commencing on the day on which the registration of the aircraft is or was effected, and each succeeding period of 12 months at the commencement of which the registration is or was in force.”.

Prescribed circumstances in relation to remission or refund of charges

4. Regulation 2b of the Principal Regulations is amended:

(a) by omitting from sub-subparagraph (1) (b) (viii) (b) “and”;

(b) by inserting after subparagraph (1) (b) (ix) the following word and subparagraph:

“; and (x) that, as the result of accident or other extraordinary circumstances (not being circumstances relating to any modification, inspection or routine maintenance or the availability of parts, materials or labour) an aircraft temporarily is not airworthy and is not in use for a period exceeding 30 days.”; and

(c) by omitting the definition of “historical aircraft” in subregulation (3) and substituting the following definition:

“ ‘historical aircraft’ means an aircraft:

(a) being an aircraft:

(i) which:

(a) made a flight, or the prototype of which made a flight, before 1938; or

(b) was used in World War II and has been restored for the sole purpose of display or demonstration; or

(ii) which the Minister, the Secretary or an authorized officer has determined, by instrument in writing, to be an aircraft of considerable historical significance;

(b) which, in the course of a year, is in flight for a total time not exceeding 50 hours; and

(c) which, in respect of more than 50% of that total time, is used for purposes other than the transport of persons;”.

Special arrangement for use of facilities

5. Regulation 16 of the Principal Regulations is amended by omitting subregulation (6).

Charge and penalty—transitional provision relating to certain Australian aircraft

6. Where, in relation to an aircraft referred to in paragraph 13 (1) (d) of the Principal Regulations, a charge or penalty under the Act as in force on 30 June 1986 has been paid or is due and payable by a person in respect of a period that expires after that day, the person is entitled to a remission

or refund, as the case requires, of that proportion of the amount of the charge or penalty which bears the same proportion to the full amount of the charge or penalty as the period commencing at the expiration of 30 June 1986 and ending at the expiration of that first-mentioned period bears to that first-mentioned period.

Formal amendments

7. The Principal Regulations are amended as set out in the Schedule to these Regulations.

SCHEDULERegulation 7

FORMAL AMENDMENTS

Provision	Omit:	Substitute:
Subparagraph 2b (1) (b) (i)...................	officer of the Department authorized by the Secretary for the purposes of this provision	authorized officer
Subregulation 19 (5)............................	officer authorized in writing by the Secretary for the purposes of this provision	authorized officer
Subregulation 23 (1)............................	authorized person	authorized officer

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 May 1987.

2. Statutory Rules 1985 No. 30 as amended by 1985 No. 330; 1986 Nos. 14, 169 and 211.

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