Aircraft Noise Levy Regulations (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations may be cited as the Aircraft Noise Levy Regulations.
In these Regulations, unless the contrary intention appears:
Advisory Circular means Advisory Circular 36‑IF issued on6 May 1992 by the United States Federal Aviation Administration, and as in force on 1 October 1995.
Annex means Volume I of Annex 16 to the Chicago Convention, as amended and in force on 1 October 1995.
chapter 2 or 4 test procedures means test procedures in respect of aircraft noise set out in chapter 2 or 4 of Volume I of the Annex for the purpose of International Civil Aviation Organization noise certification of aircraft.
chapter 3 test procedures means test procedures in respect of aircraft noise set out in chapter 3 of Volume I of the Annex for the purpose of International Civil Aviation Organization noise certification of aircraft.
charitable body means a body or organisation that is not established or conducted for profit, and the principal objects of which are charitable.
Collection Act means theAircraft Noise Levy Collection Act 1995 .
Levy Act means theAircraft Noise Levy Act 1995 .
(1)For the purposes of subparagraph 5 (2) (b) (i) of the Levy Act the following purposes are prescribed:
(a) rescue of a person;
(b) fire‑fighting;
(c) a search for the purpose of rescue of a person;
(d) a purpose relating to relief in a flood or other natural disaster;
(e) a purpose relating to a medical emergency.
(2) For the purposes of subparagraph 5 (2) (b) (ii) of the Levy Act, a prescribed charitable purpose is the carrying of goods or people:
(a) for a charitable body; and
(b) in relation to the charitable activities of the body.
(1) Subject to subregulations (2) and (3), for the purposes of subsection 6 (1) of the Levy Act, the effective perceived noise level of an aircraft is:
(a) for an aircraft of a type that has been measured under the chapter 3 test procedures—the sum of the effective perceived noise levels, in decibels, made by aircraft of that type (as set out in the aircraft’s certificate of airworthiness, flight manual or noise certificate under the
Air Navigation (Aircraft Noise) Regulations 2018 ) at each of the following points:(i) the lateral reference noise measurement point; and
(ii) the flyover reference noise measurement point; and
(iii) the approach reference noise measurement point; and
(b) for an aircraft of a type that has been measured under the chapter 2 or 4 test procedures—the sum of:
(i) the effective perceived noise levels, in decibels, made by aircraft of that type (as set out in the aircraft’s certificate of airworthiness, flight manual or noise certificate under the
Air Navigation (Aircraft Noise) Regulations 2018 ) at each of the following points:(A) the lateral reference noise measurement point; and
(B) the flyover reference noise measurement point; and
(C) the approach reference noise measurement; and
(ii) 3.2 Effective Perceived Noise Decibels.
(2) For the purposes of subregulation (1), if an aircraft:
(a) is of a type listed in the Advisory Circular; and
(b) has not been modified in a way that affects the noise levels of the aircraft;
a measurement referred to in paragraph (1) (a) or (b) in relation to aircraft of that type, that is set out in Appendix 1 or 2 of the Advisory Circular in relation to aircraft of that type, may be ascertained by reference to the measurement set out in that Appendix.
(3) If an aircraft is of a type that has not been measured under the chapter 2, 3 or 4 test procedures, the effective perceived noise level of the aircraft is taken to be the lesser of:
(a) 327.2 Effective Perceived Noise Decibels; and
(b) the sum of:
(i) the levels, expressed in Effective Perceived Noise Decibels, determined by measuring the effective perceived noise level of the aircraft, in decibels, under the test procedures in respect of aircraft noise set out in chapter 2, 3 or 4 (as the case requires) of Volume I of the Annex, at each of the following points:
(A) the lateral reference noise measurement point; and
(B) the flyover reference noise measurement point; and
(C) the approach reference noise measurement point; and
(ii) if the aircraft has been measured under chapter 2 or 4 test procedures—3.2 Effective Perceived Noise Decibels.
(4) If an aircraft has been modified in a way that affects the noise levels of the aircraft, the effective perceived noise level of the aircraft is taken to be the lesser of:
(a) 327.2 Effective Perceived Noise Decibels; and
(b) the sum of:
(i) the levels, expressed in Effective Perceived Noise Decibels, determined by measuring the effective perceived noise level of the aircraft, in decibels, under the test procedures in respect of aircraft noise set out in chapter 2, 3 or 4 (as the case requires) of Volume I of the Annex, at each of the following points:
(A) the lateral reference noise measurement point; and
(B) the flyover reference noise measurement point; and
(C) the approach reference noise measurement point; and
(ii) if the aircraft has been measured under chapter 2 or 4 test procedures—3.2 Effective Perceived Noise Decibels.
(1)For the purposes of subsection 6 (1) of the Levy Act,
levy unit means:
(a) in relation to levy on a landing made in the financial year ending on 30 June 1996—the amount of $155; and
(b) in relation to levy on a landing made in a later financial year—the lesser of:
(i) an amount equal to 110% of the maximum amount that could have been prescribed in relation to a landing in the immediately preceding financial year; and
(ii) an amount calculated under the formula:
Y × CPI indexation factor
where:
Y means the amount that, under subregulation 6 (1) of the Levy Act, applies in relation to a landing made in the immediately preceding financial year; and
CPI Indexation factor means the amount calculated under the formula:where:
CPI – A means the sum of the index numbers for the CPI quarters for the 12 months ending on 31 March in the financial year immediately preceding the financial year in relation to which the levy is imposed; and
CPI – B means the sum of the index numbers for the CPI quarters for the 12 months ending on 31 March in the financial year immediately preceding the financial year referred to in the definition ofCPI – A .(2) Calculations under subparagraph (1) (b) (ii):
(a) are to be made using the index numbers in terms of the most recently published reference base for the Consumer Price Index; and
(b) must not have regard to indexation numbers that are published in substitution for previously published indexation numbers, unless the substituted numbers are published to take account of changes in the reference base.
(3) In this regulation:
CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
index number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.
For the purposes of section 8 of the Collection Act, levy must be paid no later than the first day of the month immediately following the month during which the landing to which the levy relates takes place.
For the purposes of subsection 9 (1) of the Collection Act:
(a) the day levy becomes due for payment is taken to be the last day provided for the payment under regulation 7; and
(b) the prescribed penalty is:
(i) if the amount of unpaid levy is paid within 28 days of the day it becomes due for payment—nil; and
(ii) otherwise—an amount equal to 1.5% of the amount of unpaid levy, for each month or part of a month during which it is unpaid.
(1)Subject to subregulation (2), for the purposes of section 11 of the Collection Act, levy and late‑payment penalty must be paid directly in cash or by cheque to an authorised person.
(2) If an authorised person has agreed, in writing, to accept payment of levy or late‑payment penalty from a person who
is liable, or may be liable, for the payment of levy or late‑payment penalty by deposit in or transfer to an approved bank account, the person may pay by deposit in or transfer to the approved bank account.
(3) An authorised person must notify persons liable for payment of levy, in writing, of:
(a) the name and address of each person authorised for the purposes of subregulations (1) and (2); and
(b) if the person who is liable is a person from whom an authorised person has agreed to accept deposit in or payment to a bank account—each approved bank account;
within a reasonable time after the authorisation or approval, as the case may be.
(4) In this regulation:
approved bank account means a bank account approved under regulation 10.
authorised person means:
(a) except in subregulation (1)—the Minister for Finance; or
(b) a person authorised by the Minister for Finance; or
(c) a person authorised by a person appointed by the Minister for Finance to authorise persons for the purpose of this regulation.
(1)For the purposes of subregulation 9 (2), an authorised person may approve, in writing, a bank account as a bank account in which a payment of levy or late‑payment penalty may be deposited, or to which a payment of that kind may be transferred, by a person who is liable, or may be liable, for the payment of levy or late‑payment penalty.
(2) In this regulation:
authorised person means:
(a) the Minister for Finance; or
(b) a person authorised by the Minister for Finance.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1995 No. 279 | 26 Sept 1995 | 1 Oct 1995 | |
1996 No. 86 | 5 June 1996 | 5 June 1996 | — |
Air Navigation (Aircraft Noise—Repeal and Consequential Amendments) Regulations 2018 | 29 Mar 2018 (F2018L00449) | Sch 1 (items 2, 3): 1 Apr 2018 (s 2(1) item 1) | — |
r 2............................................. | rep LA s 48D |
r 5............................................. | am F2018L00449 |
r. 9............................................. | am. 1996 No. 86 |
r. 10........................................... | ad. 1996 No. 86 |
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