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

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Statutory Rules 1986 No. 1691

Air Navigation (Charges) Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Air Navigation (Charges) Act 1952.

Dated 27 June 1986.

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—

(a) by inserting before the definition of “registration mark” the following definitions:

“ ‘annual charge’ means a charge payable under regulation 20 in respect of each year of registration by the holder of a certificate of registration in respect of an Australian aircraft;

(S.R. 161/86)—Cat. No.   10/24.6.1986

‘charter operations’ has the same meaning as in regulation 191 of the Air Navigation Regulations;

‘en route charge’ means a charge payable under regulation 17 in respect of an international flight;

‘international flight’ means a flight that includes a landing in Australia by an aircraft—

(a) that is operated by the holder of an international airline licence under the Air Navigation Act 1920;

(b) that, for the purposes of a commercial operation between a place outside Australian territory and a place in Australian territory—

(i) is operated by the holder of a cargo airline licence, charter licence or cargo charter licence referred to in regulation 198a of the Air Navigation Regulations; or

(ii) is engaged, in accordance with an approval or a permission given by the Secretary under that Act, in charter operations and is operated by a person who is not the holder of an airline licence, cargo airline licence, charter licence or cargo charter licence; or

(c) that is an Australian aircraft, not being an aircraft referred to in paragraph (a) or (b), operated between a place outside Australian territory and a place in Australian territory;

‘international general aviation charge’ means a charge payable under regulation 19 by the owner of an international general aviation aircraft within the meaning of that regulation;

‘landing charge’ means a charge payable under regulation 12 in respect of the use by an aircraft of an aerodrome, or the provision for use by aircraft of facilities or a service relating to an aerodrome, as referred to in Column 2 of an item in the table at the foot of sub-regulation 12 (3);

‘licence’ means a licence under, or in accordance with, the Air Navigation Regulations;”;

(b) by adding after the definition of “registration mark” the following definition:

“ ‘regular public transport operations’ has the same meaning as in regulation 191 of the Air Navigation Regulations;”; and

(c) by adding at the end the following definition and sub-regulation:

“ ‘year of registration’, in relation to an aircraft to which an annual charge is applicable, means the period of 12 months commencing on the day on which a registration of the aircraft is effected and each succeeding period of 12 months at the commencement of which the registration is in force.

‘(2) Unless the contrary intention appears, words and expressions used in these Regulations that are used in the Air Navigation Act 1920 or the Air Navigation Regulations have the same meanings as they have in that Act, or those Regulations, respectively’ ” .

3. After regulation 2a of the Principal Regulations, the following regulation is inserted:

Prescribed circumstances in relation to remission or refund of charges

“2b. (1) For the purposes of section 5a of the Act, each of the following circumstances 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 penalty or charge due and payable under the Act, namely:

(a) in respect of a penalty in relation to a charge other than an annual charge, or a charge other than an annual charge, or both—

(i) that a chartered civil aircraft is, in the course of an official visit, conveying a Royal person, a Head of State or a Government Minister;

(ii) that an aircraft is diverted from its planned flight route by reason of being hijacked;

(iii) that an aircraft is operated as a Commonwealth aircraft;

(iv) that a flight is made by a chartered aircraft for the purposes of the Defence Force or the armed forces of another country;

(v) that a flight is made in the course of testing an aircraft or equipment relating to an aircraft;

(vi) that a flight is undertaken in connection with the issue or renewal of a certificate of airworthiness;

(vii) that a flight is made solely for humane or charitable purposes or in relation to emergency services; and

(viii) that an aircraft has used an aerodrome, or facilities have been provided, or a service made available, relating to an aerodrome, pursuant to an arrangement referred to in regulation 16;

(b) in respect of an annual charge, or a penalty in relation to an annual charge, or both—

(i) that the Minister, the Secretary, or an officer of the Department authorized by the Secretary for the purposes of this provision, is satisfied—

(a) that between flights made by an aircraft during a year of registration in respect of which a charge is payable under these Regulations in respect of the aircraft, that aircraft will not be, or was not, as the case may be, ordinarily kept at an aerodrome operated by the Commonwealth or in respect of which the Commonwealth provides financial assistance; and

(b) that fewer than one-half of the total number of those flights will be, or were, flights commencing by takeoff from, or ending by landing at, such an aerodrome;

(ii) that—

(a) an annual charge has been paid or is payable in respect of an aircraft in accordance with a rate of charge specified under regulation 20;

(b) that aircraft engages, during a period of not less than 3 months that falls partly or wholly within the year of registration to which that charge relates, exclusively in operations appropriate to a type of aircraft in respect of which there is payable under that regulation a lower rate of charge than the rate of charge comprised in the payment; and

(c) the period of that engagement commences after the giving to the Secretary of notice in writing that the aircraft would become, after the commencement of that period, or had already become, engaged exclusively in operations appropriate to that type of aircraft, being a notice specifying the period during which that person expected the aircraft to continue to be so engaged;

(iii) that an aircraft is engaged exclusively in agricultural operations;

(iv) that an aircraft, being an aircraft classified as a private aircraft, is an historical aircraft;

(v) that an aircraft, being of the type known as a DC3 aircraft, operates for a total time not exceeding 500 flying hours per annum;

(vi) that an aircraft is engaged in private flying training and is not otherwise used as an aerial work aircraft;

(vii) that an aircraft is engaged exclusively in non-commercial aerial work;

(viii) that an aircraft in respect of which an annual charge has been paid or is payable—

(a) is operated, in respect of not less than 50% of the landings of the aircraft during a continuous period of not less than 3 months within the year of registration to which that annual charge relates, under a supplementary airline licence or cargo supplementary airline licence, or used in a service in relation to which an exemption under regulation 203 of the Air Navigation Regulations is in force; or

(b) is an aircraft designated in accordance with sub-regulation 13 (2); and

(ix) that an annual charge has been paid or is payable in respect of an aircraft and the registration of the aircraft is cancelled during the year of registration to which the charge relates.

“(2) 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 penalty due and payable under the Act, namely, that by reason of administrative error or omission, or undue delay in the transmission of documents, it would be unjust to enforce payment of the penalty.

“(3) In this regulation—

‘historical aircraft’ means an aircraft—

(a) which—

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

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

(b) which, in the course of a year, is in flight for a total time not exceeding 30 hours; and

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

‘non-commercial aerial work’ means aerial work operations in which an aircraft is used for ambulance functions, medical services, search and rescue services or other operations of a substantially similar character.”.

Certificates

4. Regulation 8 of the Principal Regulations is amended by omitting from sub-regulation (2) “the Schedule” and substituting “Schedule 1”.

5. After regulation 11 of the Principal Regulations the following regulations are inserted:

Landing charges

“12. (1) Subject to sub-regulation (2), this regulation applies in relation to each landing of—

(a) an aircraft operated by the holder of—

(i) an airline licence (including an international airline licence);

(ii) a cargo airline licence;

(iii) a supplementary airline licence;

(iv) a cargo supplementary airline licence; or

(v) a charter licence or cargo charter licence relating to a service in relation to which exemption has been granted under regulation 203 of the Air Navigation Regulations; and

(b) an Australian aircraft not referred to in paragraph (a), being an aerial work aircraft or a charter aircraft weighing not less than 25,000 kilogrammes.

“(2) Landing charges are not payable in respect of a landing of an aircraft operated under any licence referred to in sub-paragraph (1) (a) (iii), (iv) or (v), or under any combination of such licences, except in the case where such an aircraft—

(a) is designated in accordance with sub-regulation 13 (2); or

(b) is used, in respect of not less than 50% of all landings of the aircraft during a continuous period of not less than 3 months, in regular public transport operations.

“(3) Subject to this regulation, there is payable—

(a) in respect of an aircraft landing at an aerodrome of a kind referred to in Column 2 of Item 1 or 2 in the table at the foot of this sub-regulation—a charge calculated at the rate per 1,000 kilogrammes specified in Column 3 of whichever of those items is applicable;

(b) in respect of an aircraft landing at an aerodrome referred to in Column 2 of Item 3 in that table, in relation to the use by the aircraft of the facilities described in that column of that item—a charge calculated at the rate per 1,000 kilogrammes specified in Column 3 of that item; and

(c) in respect of an aircraft landing at an aerodrome referred to in Column 2 of Item 4 in that table, in relation to the service described in that column of that item—a charge calculated at the rate per 1,000 kilogrammes specified in Column 3 of that item.

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.........................................................................................

4.00

6.00

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.............................................................................

2.00

3.00

3

Terminal navigation facilities, being such facilities relating to an aerodrome specified in Schedule 3............................................................

2.30

3.45

4

Fire Fighting and Rescue Service, being such a service relating to an aerodrome specified in Schedule 4.............................................................

1.50

2.25

“(4) Where, in relation to an aerodrome, or facilities or a service relating to an aerodrome, referred to in Column 2 of an item in the table at the foot of sub-regulation (3), the charge in respect of an aircraft, calculated in accordance with paragraph (a), (b) or (c) of that sub-regulation, amounts to less than the minimum charge specified in Column 4 of that item, the charge payable is that minimum charge.

“(5) A charge specified in Item 3 of the table at the foot of sub-regulation (3) is not payable in respect of an aircraft in relation to the use

by the aircraft of facilities relating to an aerodrome referred to in that item unless, at the time of the landing of the aircraft, those facilities are operating for use by aircraft.

“(6) A charge specified in Item 4 of the table at the foot of sub-regulation (3) is not payable in respect of an aircraft in relation to a service relating to an aerodrome referred to in that item unless, at the time of the landing of the aircraft, that service is available for use by aircraft.

“(7) Where, in the course of a training flight by an aircraft, circuit training is conducted, there is payable in respect of the use of the aerodrome by the aircraft or the provision of facilities or a service relating to the aerodrome for use by the aircraft, in relation to each approach of the aircraft to a runway at the aerodrome to which that training relates, an amount in respect of charges that is equal to 25% of the amount of charges applicable, in accordance with this regulation, to each landing of the aircraft.

“(8) For the purposes of establishing liability to landing charges referred to in this regulation, a flight by an aircraft may be identified by documentation that includes—

(a) a flight strip summary, being a document known by that description issued by the Department for the purpose of enabling officers of the Department to compile records of aircraft movements in relation to aerodromes;

(b) messages extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network as referred to in Annex 10 to the Chicago Convention as in force at the commencement of these Regulations; and

(c) the flight plan submitted to Air Traffic Control by the pilot in command of the aircraft.

“(9) In this regulation—

(a) ‘approach’, in relation to circuit training, means a planned descent by an aircraft on to, or to the immediate proximity of, a runway at an aerodrome, whether or not the aircraft lands on, or touches, the runway;

(b) ‘circuit training’, in relation to a training flight, means training involving separate approaches by an aircraft to a runway at an aerodrome;

(c) a reference to a training flight shall be read as a reference to a flight made solely for or in connection with the training or testing of a person as a member of the flight crew of an aircraft; and

(d) a reference to a charge calculated at a rate per 1,000 kilogrammes specified in Column 3 of an item in the table at the foot of sub-regulation (3) shall, in the case where the weight applicable in relation to the charge includes any part of 1,000 kilogrammes, be read, in respect of that part, as a charge calculated at that rate on a pro rata basis.

Payment of landing charges—Australian aircraft

“13. (1) Landing charges are payable in respect of each landing of an Australian aircraft—

(a) operated by the holder of a licence referred to in paragraph 12 (1) (a) (other than aircraft in respect of which, under sub-regulation 12 (2), landing charges are not payable)—by the holder of the licence;

(b) designated in accordance with sub-regulation (2) by the holder of—

(i) a supplementary airline licence;

(ii) a cargo supplementary airline licence; or

(iii) a charter licence or cargo charter licence relating to a service in relation to which exemption has been granted under regulation 203 of the Air Navigation Regulations,

to be used for regular public transport operations under the licence—by the holder of the licence;

(c) used, during the validity of a licence referred to in sub-paragraph (b) (i), (ii) or (iii), in respect of not less than 50% of the landings of the aircraft during a continuous period of not less than 3 months, in regular public transport operations under the licence—by the holder of the licence; and

(d) classified under regulation 192 of the Air Navigation Regulations as—

(i) an aerial work aircraft; or

(ii) a charter aircraft,

being in each case an aircraft weighing not less than 25,000 kilogrammes and not referred to in paragraph (a), (b) or (c)—by the holder of the certificate of registration in respect of the aircraft.

“(2) Where, in relation to an aircraft operated or to be operated under any licence referred to in sub-paragraph (1) (b) (i), (ii) or (iii), or under any combination of such licences the holder of the licence (or licences) expects the aircraft to be used, in respect of not less than 50% of the landings of the aircraft during a continuous period of not less than 3 months, in regular public transport operations, the holder shall, by writing addressed to the Secretary—

(a) designate the aircraft for that use;

(b) specify the registration mark and the make and model of the aircraft; and

(c) state, in relation to the holder of the certificate of registration in respect of the aircraft—

(i) if the holder is a natural person—the name and usual residential address of the person; or

(ii) if the holder is a body corporate—the name, and the address of the principal office, of the body corporate.

“(3) Where an aircraft operated under any licence referred to in subparagraph (1) (b) (i), (ii) or (iii), or any combination of such licences—

(a) is used as referred to in sub-regulation (2); and

(b) the aircraft has not been designated by the holder of the licence for such use in accordance with that sub-regulation,

the holder is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.

Designation of aircraft charges

“14. (1) Subject to sub-regulation (2), where the holder of a licence designates an aircraft to be used in accordance with sub-regulation 13 (2), landing charges are payable in respect of that aircraft for a period of not less than 3 months commencing—

(a) where the use of the aircraft as designated commences on or before the day of designation—on the day of the commencement of that use; or

(b) in any other case—on the day specified in the designation for the commencement of that use.

“(2) Where, by reason of a change in the ownership of, or in the interests of persons in, an aircraft referred to in sub-regulation (1), the holder of the relevant licence ceases to use the aircraft in regular public transport operations before a period of 3 months has elapsed after the day of designation of the aircraft, landing charges are not payable in respect of any day after the day of that change.

“(3) Subject to sub-regulation (1), where the designation of an aircraft is cancelled—

(a) landing charges are not payable in respect of any day after the day on which notice in writing of the cancellation is given to the Secretary; and

(b) annual charges calculated on a pro rata basis are payable in respect of the period commencing on the day after the day on which notice in writing of that cancellation is so given and ending at the expiration of 12 months after the day of issue of the certificate of registration in respect of that aircraft.

Payment of landing charges—foreign aircraft

“15. In respect of a foreign aircraft, landing charges are payable—

(a) in respect of the operations of the aircraft under an airline licence (including an international airline licence), a cargo airline licence, a charter licence or a cargo charter licence—by the holder of the licence; or

(b) where the aircraft is operated by a person who is not the holder of an airline licence, a cargo airline licence or a cargo charter licence in respect of charter operations between places in Australian territory—by the owner of the aircraft.

Special arrangements for use of facilities

“16. (1) In respect of a time when facilities relating to an aerodrome specified in Schedule 3 would not otherwise be provided, or a service relating to an aerodrome specified in Schedule 4 would not otherwise be 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 that service for use by aircraft.

“(2) Where facilities referred to in sub-regulation (1) are not provided, or a service referred to in that sub-regulation is not made available at an aerodrome, an authorized officer may enter into an arrangement with a person for the purpose of providing such facilities or making available that service at that aerodrome for use by aircraft.

“(3) Where an authorized officer enters into an arrangement referred to in sub-regulation (1) or (2), there is payable in relation to providing facilities or making available a service for use by an aircraft to which the arrangement relates a charge additional to landing charges.

“(4) A charge under sub-regulation (3) in relation to an arrangement referred to in sub-regulation (1) or (2) is payable by—

(a) in the case of an arrangement entered into by the pilot in command, owner or operator of an aircraft to which landing charges are applicable—by the person liable in respect of such landing charges; or

(b) in any other case—by the person entering into the arrangement as referred to in sub-regulation (1) or (2).

“(5) The amount of an additional charge under sub-regulation (3) in relation to an arrangement referred to in that sub-regulation shall be an amount, as determined by the Secretary or an authorized officer, not greater than the estimated cost of making provision for the arrangement.

“(6) In this regulation, ‘authorized officer’ means an officer of the Department authorized by the Secretary in writing to act under sub-regulation (1) or (5).

En route charge in respect of international flight

“17. (1) In respect of the use by an aircraft, in the course of an international flight, of air route and airway facilities operated in Australian territory, a charge is payable, subject to this regulation, in accordance with the following formula:

where—

C is the amount in dollars of the charge payable;

R is a rate of $1.80;

D is the distance travelled by the aircraft expressed as the great circle distance—

(a) between the first point of entry to an Australian Flight Information Region and the first aerodrome of destination in Australian territory; or

(b) between 2 aerodromes in Australian territory, as the case requires;

F is a factor having the value of—

(a) in relation to international flights between Australian airports—1; or

(b) in relation to other international flights—2; and

W is the square root of the weight of the aircraft fixed in accordance with the Act expressed in tonnes.

“(2) In the calculation of the distance travelled by an aircraft for the purposes of the factor D in sub-regulation (1)—

(a) a deduction of 55 kilometres shall be made in respect of each aerodrome at which a landing charge is payable in relation to the use by the aircraft of terminal navigation facilities; and

(b) the distance shall be shown—

(i) in the case of flight between the first point of entry to an Australian Flight Information Region and the first aerodrome of destination in Australian territory—to the nearest 10 kilometres; or

(ii) in the case of a flight between 2 aerodromes in Australian territory—to the nearest kilometre.

“(3) Where an aircraft in respect of which an annual charge is payable undertakes an international flight in the course of—

(a) private operations;

(b) aerial work operations; or

(c) charter operations,

a charge in respect of the international flight is not payable.

Identification and payment of en route charge

“18. (1) For the purposes of payment of an en route charge, an international flight may be identified by documentation that includes, in relation to that flight—

(a) a flight strip summary, being a document known by that description issued by the Department for the purpose of enabling officers of the Department to compile records of aircraft movements in relation to aerodromes;

(b) messages extracted from the message switching system known as the Aeronautical Fixed Telecommunications Network, as referred to in Annex 10 to the Chicago Convention as in force at the commencement of these Regulations; and

(c) the flight plan submitted to Air Traffic Control by the pilot in command of the aircraft.

“(2) An en route charge is payable—

(a) in the case of an aircraft operated as referred to in paragraph (a) of the definition of ‘international flight’—by the holder of the relevant licence;

(b) in the case of an aircraft operated under a licence referred to in sub-paragraph (b) (i) of that definition—by the holder of the licence;

(c) in the case of an aircraft operated as referred to in sub-paragraph (b) (ii) of that definition—by the owner of the aircraft; and

(d) in the case of an Australian aircraft referred to in paragraph (c) of that definition—by the holder of the certificate of registration in respect of the aircraft.

International general aviation charge

“19. (1) An international general aviation charge is payable, in accordance with this regulation, by the owner of an international general aviation aircraft.

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

“(3) For the purposes of sub-regulation (2), the unit charge for an aircraft is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—18.9 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—33 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—$6.60 plus 79.1 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes; or

(d) if the weight of the aircraft is more than 20,000 kilogrammes—$24.00 plus 97.3 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes.

“(4) For the purposes of sub-regulation (2), the relevant period, in relation to an aircraft, is the period from the day on which the aircraft enters Australian territory until—

(a) the day of departure of the aircraft from Australian territory; or

(b) if the aircraft becomes registered while in Australian territory—the day on which the aircraft is so registered.

“(5) A charge under this regulation becomes due and payable on demand made by the Secretary, or an officer authorized in writing by the Secretary for the purposes of this provision, to the pilot in command of the aircraft.

“(6) In this regulation, ‘international general aviation aircraft’ means a foreign aircraft other than a state aircraft or an aircraft in respect of which landing charges or en route charges are applicable.

Annual charge for Australian general aviation aircraft

“20. (1) An annual charge is payable, in accordance with this regulation, by the holder of a certificate of registration in respect of an Australian aircraft.

“(2) Sub-regulation (1) does not apply in relation to the holder of a certificate in respect of an aircraft in respect of which landing charges are payable under these Regulations.

“(3) A charge under this regulation is payable in respect of each year of registration that commences on or after the commencement of these Regulations and each such charge becomes due and payable on the first day of the year in respect of which it is payable.

“(4) The weekly rate of charge applicable to an aircraft of a type specified in Column 2 of an item in the table at the foot of this sub-regulation is an amount ascertained by multiplying the unit charge for that aircraft—

(a) if the weight of the aircraft does not exceed 9,000 kilogrammes—by the factor specified in Column 3 of that item;

(b) if the weight of the aircraft exceeds 9,000 kilogrammes—by the factor specified in Column 4 of that item.

Column 1

Column 2

Column 3

Column 4

Item No.

Type of aircraft

Factor if weight of aircraft does not exceed 9,000 kilogrammes

Factor if weight of aircraft exceeds 9,000 kilogrammes

1

Private aircraft

18

24

2

Aerial work aircraft

36

48

3

Charter aircraft

45

60

4

Limited regular public transport aircraft

45

60

“(5) Subject to these Regulations, the amount of an annual charge in respect of an aircraft is 52 times the amount of the weekly rate of charge applicable to the aircraft.

“(6) An aircraft that is not an aircraft of a type specified in Column 2 of an item in the table at the foot of sub-regulation (4) shall, for the purposes of this regulation, be taken to be a private aircraft.

“(7) The unit charge for an aircraft is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—18.9 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—33 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 no more than 20,000 kilogrammes—$6.60 plus 79.1 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—$24.00 plus 97.3 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes.

“(8) Where—

(a) a charge has been paid under this regulation in respect of a year in respect of an aircraft as an aircraft included in a type of aircraft specified in Column 2 of the table at the foot of sub-regulation (4);

(b) during that year, the aircraft engages in operations as an aircraft included in another type of aircraft specified in that column; and

(c) the weekly rate of charge under this regulation in respect of that other type of aircraft is greater than the weekly rate of charge in respect of the first-mentioned type of aircraft,

an additional charge is payable of an amount ascertained by multiplying the excess of the weekly rate of charge applicable to the other type of aircraft over the weekly rate of charge applicable to the first-mentioned type of aircraft by the number of whole weeks remaining in the year at the time when the aircraft so engages, or by 4, whichever is the greater.

“(9) In this regulation, ‘limited regular public transport aircraft’ means an aircraft, not being an aircraft in respect of which landing charges are payable, operated by the holder of a supplementary airline licence, cargo supplementary airline licence, or a cargo licence or cargo charter licence relating to a service in relation to which exemption has been granted under regulation 203 of the Air Navigation Regulations.

Evidence

“21. For the purposes of establishing liability to charges under the Act, a document referred to in sub-regulation 12 (8) or 18 (1), or a microfilmed copy of such a document, is evidence of the matters comprised in the document in relation to the movements of an aircraft.

False statements

“22. A person shall not make, either orally or in writing, a statement that is false or misleading in a material particular in or in connection with—

(a) the provision of information to the Department for any purpose in relation to the supervision and control of an aircraft (whether at an aerodrome or in flight) under a law of the Commonwealth; or

(b) the use of an aircraft in operations under a supplementary airline licence, a cargo supplementary airline licence or an exemption in force under regulation 203 of the Air Navigation Regulations.

Penalty: $1,000.

Recovery of charges

“23. (1) For the purposes of these Regulations, the Secretary or an authorized person may issue an invoice, or make a demand, to a person for payment in relation to a liability in respect of a charge under these Regulations.

“(2) Where an invoice is duly issued, or demand duly made, to a person pursuant to sub-regulation (1), the amount of the charge is due and payable commencing on the day of issue of the invoice or making of the demand.”.

Charge and penalty—transitional

6. (1) Where, in relation to an aircraft used under a supplementary airline licence or a cargo supplementary airline licence or a charter licence or cargo charter licence relating to a service in relation to which an exemption has been granted under regulation 203 of the Air Navigation 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.

(2) Where, in respect of a flight occurring on or before 30 June 1986, a charge under Schedule 1 to the Act as in force on that day became due and payable on or before that day or, but for the repeal of that Schedule by section 10 of the Air Navigation (Charges) Amendment Act 1984 would become due and payable after that day, then, notwithstanding that repeal, the charge remains due and payable as if that Schedule had not been repealed.

Schedule

7. The Schedule to the Principal Regulations is amended by omitting the heading “Schedule” and substituting “Schedule 1”.

8. The Principal Regulations are amended by adding at the end the following Schedules:

SCHEDULE 2Sub-regulation 12 (3)

AERODROMES IN RESPECT OF WHICH

NO LANDING CHARGES WILL BE COLLECTED

Arrabury

Leongatha

Augustus Downs

Lorraine

Balgo Hill

Loxton

Baradine

Margaret River

Betoota

Middlemount

Birchip

Minnipa

Borroloola

Miranda Downs

Boulia

Mitchell Plateau

Burren Junction

Monkira

Carinda

Mooraberee

Chillagoe

Morney

Chinchilla

Mount Coolan

Cluny

Mount Garnett

Collarenebri

Mount Howitt

Coolah

Mullewa

Corryong

Mungindi

Cuddapan

Muttabura

Dajarra

Nappa Merrie

Davenport Downs

Nicholson

Delta Downs

Norseman

Durham Downs

Ord River

Durrie

Roseberth

Edward River

Rutland Plains

Eromanga

Sea Lake

Eulo

South Galway

Flora Valley

Southern Cross

Gibb River

Stonehenge

Glengyle

St Helens

Glenormiston

Tanbar

Goodooga

Tara

Gregory Downs

Thargomindah

Holbrook

Thylungra

Iffley

Tibooburra

Injune

Tooraweenah

Inkerman

Tottenham

Innamincka

Warrackneabeal

Isisford

White Cliffs

Jundah

Wiluna

Kalumburu

Windorah

Kamilaroi

Wondoola

Kerang

Wrotham Park

Kimba

Wyandra

Lake Cargelligo

Wycheproof

Lawn Hill

Yarram

Leinster

SCHEDULE 3Sub-regulation 12 (3)

AERODROMES WHERE CHARGE PAYABLE FOR

USE OF TERMINAL NAVIGATION FACILITIES

Adelaide

Karratha

Albury

Launceston

Alice Springs

Mackay

Archerfield

Maroochydore

Avalon

Melbourne

Bankstown

Moorabbin

Brisbane

Mount Isa

Cairns

Parafield

Camden

Perth

Canberra

Port Hedland

Coffs Harbour

Proserpine

Coolangatta

Rockhampton

Darwin

Sydney

Essendon

Tamworth

Hobart

Townsville

Jandakot

Wagga Wagga

SCHEDULE 4Sub-regulation 12 (3)

AERODROMES WHERE CHARGE PAYABLE FOR FIRE FIGHTING

AND RESCUE SERVICE

Adelaide

Mackay

Alice Springs

Melbourne

Archerfield

Moorabbin

Avalon

Mount Isa

Bankstown

Norfolk Island

Brisbane

Parafield

Cairns

Perth

Canberra

Port Hedland

Coolangatta

Proserpine

Darwin

Rockhampton

Devonport

Sydney

Essendon

Tamworth

Hobart

Townsville

Jandakot

Wynyard

Launceston

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1986.

2. Statutory Rules 1985 No. 130 as amended to date. For previous amendments see Note 2 to Statutory Rules 1986 No. 14 and see also Statutory Rules 1986 No. 14.

Printed by Authority by the Commonwealth Government Printer

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