AIR NAVIGATION (CHARGES).
No. 49 of 1960.
An Act to amend the Air Navigation (Charges) Act 1952–1957.
[Assented to 3rd November, 1960.]
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 and citation.
1.—(1.) This Act may be cited as the Air Navigation (Charges) Act 1960.
(2.) The Air Navigation (Charges) Act 1952–1957 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Air Navigation (Charges) Act 1952–1960.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
First Schedule-paragraph 7.
3. The First Schedule to the Principal Act is amended by omitting sub-paragraph (1.) of paragraph 7 and inserting in its stead the following sub-paragraph:—
“(1.) The unit charge for an aircraft is—
(a) where the weight of the aircraft does not exceed 25,000 pounds—an amount calculated at the rate of Fourpence half-penny for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft;
(b) where the weight of the aircraft exceeds 25,000 pounds but does not exceed 50,000 pounds—an amount calculated at the rate of Sevenpence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft;
(c) where the weight of the aircraft exceeds 50,000 pounds but does not exceed 100,000 pounds—an amount calculated at the rate of Ninepence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft; and
(d) in any other case—an amount calculated at the rate of Tenpence half-penny for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft”.
First Schedule—Table.
4. The Table of Flights set out in the First Schedule to the Principal Act is amended as set out in the Schedule to this Act.
Application of amendments.
5. The amendments made by this Act apply in the case of a charge payable—
(a) in respect of a flight between places in Australia that is completed on or after the date of commencement of this Act;
(b) in respect of the landing or take-off of an aircraft on or after that date;
(c) in relation to the registration of an aircraft registered under the Air Navigation Regulations on or after that date; and
(d) by the owner of a foreign aircraft in respect of a week or part of a week commencing on or after that date.
THE SCHEDULE. Section 4.
——
ADDITIONAL AMENDMENTS.
After item 21, insert the following item:— |
“21A | Sydney-Cobar.......... | 2”. |
After item 23, insert the following item:— |
“23A | Sydney-Condobolin...... | 2”. |
THE SCHEDULE—continued.
After item 52, insert the following item:— |
“52A | Sydney-Maralinga.......... | 7”. |
Omit item 75. |
After item 96, insert the following item:— |
“96A | Brisbane-Dirranbandi........ | 2”. |
Omit items 140 and 142. |
After item 154, insert the following item:— |
“154A | Melbourne-Griffith......... | 2”. |
After item 155, insert the following item:— |
“155A | Melbourne-Hay........... | 2”. |
After item 159, insert the following item:— |
“159A | Melbourne-Maralinga....... | 6”. |
After item 161, insert the following item:— |
“161A | Melbourne-Naracoorte....... | 2”. |
After item 196, insert the following item:— |
“196A | Adelaide-Warrnambool...... | 2”. |
After item 202, insert the following item:— |
“202A | Perth-Cocos (Keeling) Islands.. | 12”. |
Omit items 225, 272, 276, 277, 283, 284 and 285. |
After item 288, insert the following items:— |
“288A | Lae-Rabaul by way of Wewak.. | 4 |
“288B | Lae-Wewak.............. | 2”. |
After item 289, insert the following item:— |
“289A | Port Moresby-Goroka....... | 2”. |
After item 292, insert the following item:— |
“292A | Port Moresby-Wau......... | 2”. |
After item 310, add the following item:— |
“311 | Wewak-Rabaul............ | 3”. |
Overview
The Air Navigation (Charges) Act 1960, enacted by the Parliament of Australia, amends the Air Navigation (Charges) Act 1952–1957 to adjust the charges levied on aircraft based on their weight and to update the table of flights for which these charges apply. The legislation was introduced to address the need for revised pricing structures and updated flight information to better reflect current aviation practices and economic conditions. The policy objective is to ensure that the charges for air navigation services are fair and accurately reflect the resources required to support different types of aircraft. The amendments apply to charges for flights completed, aircraft landings or take-offs, aircraft registrations, and foreign aircraft registrations on or after the date the Act receives Royal Assent.
Scope and Application
The Air Navigation (Charges) Act 1960 is a Commonwealth legislation that amends the Air Navigation (Charges) Act 1952–1957. It applies to all flights between places in Australia completed on or after the date of commencement of this Act, as well as the landing or take-off of aircraft, the registration of aircraft under the Air Navigation Regulations, and charges by owners of foreign aircraft. The Act also applies to certain international flights, as outlined in the amendments. It sets out unit charges for aircraft based on their weight and updates the Table of Flights with new flight paths and omitting certain existing ones. The amendments made by this Act apply to charges payable for flights, landings, take-offs, registrations, and foreign aircraft ownership starting on or after the date of commencement. The Act provides a comprehensive framework for the regulation of charges related to air navigation in Australia and has a national reach. There are no stated exclusions, exemptions, or thresholds in the Act itself, but the application and enforcement of the charges may be further detailed in subordinate instruments.
Key Provisions
The Air Navigation (Charges) Act 1960 (sections 1-5) primarily amends the Air Navigation (Charges) Act 1952–1957 by updating the unit charges for aircraft based on their weight and modifying the Table of Flights to include new flight routes and remove others. Specifically, section 3 revises the unit charge structure to Fourpence half-penny per 1,000 pounds for aircraft up to 25,000 pounds, Sevenpence for aircraft between 25,000 and 50,000 pounds, Ninepence for aircraft between 50,000 and 100,000 pounds, and Tenpence half-penny for aircraft over 100,000 pounds. The First Schedule, as amended by section 4, includes additional flight routes such as Sydney-Cobar, Sydney-Condobolin, and Melbourne-Griffith, while omitting others like Port Moresby-Rabaul and Sydney-Mount Isa. Section 5 ensures that the amendments apply to charges for flights, landings, take-offs, and aircraft registrations completed after the Act's commencement.
The Act imposes specific obligations on parties involved in air navigation, including aircraft owners and operators, to pay the updated charges as per the new unit charge structure and flight routes. These parties must ensure that any fees or charges related to air navigation comply with the updated regulations set forth in this Act. For instance, aircraft owners must accurately calculate the charges based on the weight of their aircraft and the new rates specified. Additionally, flight operators need to update their records to reflect the new flight routes and associated charges.
In terms of penalties and consequences, the Act does not explicitly state any offences or penalties for non-compliance with the new charges or flight routes. However, non-payment of the updated charges could potentially lead to enforcement actions by the relevant authorities, such as the Civil Aviation Safety Authority (CASA). While specific penalties are not detailed in the Act, failure to adhere to the updated regulations could result in fines, legal action, or other administrative consequences as determined by the governing body overseeing air navigation charges in Australia. The precise penalties would depend on the jurisdiction and the specific nature of the non-compliance.