AIR NAVIGATION (CHARGES).
No. 101 of 1952.
An Act relating to Charges in respect of Commonwealth Air Navigation Facilities and Services.
[Assented to 18th November, 1952.]
[Date of commencement, 16th December, 1952.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:—
Short title.
1. This Act may be cited as the Air Navigation (Charges) Act 1952.
Definition.
2. In this Act, “Australia” includes all the Territories of the Commonwealth.
Application.
3. This Act applies throughout Australia.
Crown to be bound.
4. This Act binds the Crown in right of the Commonwealth or of a State.
Air navigation charges.
5. Charges are payable, in accordance with the Schedules to this Act, in respect of the use by aircraft of aerodromes, air route and airway facilities, meteorological services and search and rescue services maintained, operated or provided by the Commonwealth.
Regulations.
6. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for amending the Schedules to this Act.
THE SCHEDULES.
FIRST SCHEDULE. Section. 5.
1.—(1.) Charges are payable, in accordance with this Schedule, by the holders of airline licences (including international airline licences), or of charter licences, under the Air Navigation Regulations.
(2.) Charges are not payable by the holder of a charter licence except in respect of a flight made in the course of regular public transport operations, as defined by the Air Navigation Regulations.
2. Charges are payable in respect of flights made between places in Australia by aircraft operated by the holders of licences referred to in the last preceding paragraph—
(a) in the case of a flight in the course of the operation of an international air service—on or after the date of commencement of this Act; and
(b) in any other case—on or after the first day of July, One thousand nine hundred and fifty-two.
3. For the purposes of the last preceding paragraph, a flight between two places by way of an intermediate stopping place (not being Canberra, Port Moresby or the capital city of a State) or by way of intermediate stopping places (none of which is Canberra, Port Moresby or the capital city of a State shall be deemed to be a flight between those two places.
4.—(1.) The amount of a charge payable under paragraph 2 of this Schedule is—
(a) in respect of a flight specified in the second column of the Table in this Schedule—the amount ascertained by multiplying the unit charge for the aircraft by which the flight is made by the factor specified in the third column of that Table opposite to that flight; and
(b) in respect of any other…
Overview
The Air Navigation (Charges) Act 1952 was enacted to address the need for a structured system of charges for the use of Commonwealth air navigation facilities and services. This legislation applies across Australia and binds the Crown in right of the Commonwealth or a State. The Act establishes that charges are payable for the use of aerodromes, air route and airway facilities, meteorological services, and search and rescue services provided by the Commonwealth. It also provides the authority for the Governor-General to make regulations necessary for the implementation of the Act, including amendments to the schedules detailing specific charges. The policy objective, as inferred from the legislative intent, is to ensure that users of air navigation services contribute to the costs associated with maintaining and operating these critical services, thereby supporting the efficient and safe management of air traffic in Australia.
Scope and Application
The Air Navigation (Charges) Act 1952 applies throughout Australia, encompassing all the territories of the Commonwealth, and binds the Crown in right of the Commonwealth or of a State. It mandates charges for the use of air navigation facilities and services, including aerodromes, air route and airway facilities, meteorological services, and search and rescue services, which are maintained, operated, or provided by the Commonwealth. These charges are payable by holders of airline and charter licences under the Air Navigation Regulations for flights within Australia, flights to or from Australia, and for the landing and take-off of aircraft. The Act specifies different charge rates based on the type of aircraft and the nature of the flight, with exemptions for certain types of flights such as proving tests, airworthiness checks, crew training, and route familiarization flights. Additionally, registered owners of aircraft and owners of foreign aircraft, not operated by licence holders, are subject to charges under specific schedules of the Act. The Act also allows for the amendment of charge rates and exemptions through regulations made by the Governor-General, ensuring flexibility in its application and enforcement.
Key Provisions
- The Air Navigation (Charges) Act 1952 (C1952A00101) establishes charges for the use of Commonwealth air navigation facilities and services by aircraft. Section 5 of the Act mandates that charges are payable for the use of aerodromes, air route and airway facilities, meteorological services, and search and rescue services provided by the Commonwealth. These charges are determined according to the schedules attached to the Act. Specifically, Section 5.1 of the First Schedule specifies that charges are payable by holders of airline and charter licences under the Air Navigation Regulations for flights between places in Australia, with exceptions for certain types of flights such as proving tests, training flights, and route familiarization flights. The amount of the charge is calculated based on a unit charge for the aircraft, which varies depending on the maximum all-up weight of the aircraft, and a specified factor for the particular flight.
- The Act imposes obligations on the parties it governs, primarily the holders of airline and charter licences, registered aircraft owners, and owners of foreign aircraft. These parties must pay the stipulated charges for the use of air navigation facilities and services. Section 5.1 of the First Schedule indicates that charges are payable upon the date of commencement of the Act or upon completion of the flight, depending on the type of flight. Similarly, Sections 5.1 and 5.2 of the Second and Third Schedules impose charges on registered aircraft owners and owners of foreign aircraft, respectively, for the registration period or the period the aircraft is in Australia.
- Failure to comply with the Act's requirements can result in legal consequences. While the Act does not explicitly list offences or penalties, non-payment of charges could be considered a breach of the statutory obligations to pay charges for the use of air navigation services. Depending on the jurisdiction, such breaches could lead to civil or criminal penalties. For instance, under Australian law, failure to pay a debt due to the Commonwealth could result in enforcement actions, including the possibility of legal proceedings to recover the debt. Additionally, persistent non-compliance might attract attention from regulatory bodies, potentially leading to further scrutiny or sanctions. The precise penalties would depend on the specific circumstances and the applicable laws at the time of the breach.
- Area of Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Charges
- Licensing & Registration
- Enforcement Powers
