AIR NAVIGATION (CHARGES).
No. 97 of 1963.
An Act relating to Charges in respect of Commonwealth Air Navigation Facilities and Services.
[Assented to 1st November, 1963.]
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 1963.
(2.) The Air Navigation (Charges) Act 1952–1962 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 1952–1963.
Commencement.
2. This Act shall come into operation on the first day of January, One thousand nine hundred and sixty-four.
First Schedule.
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 5.445 pence 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 8.47 pence 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 10.89 pence 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 12.705 pence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft.”.
Second Schedule.
4. The Second Schedule to the Principal Act is amended by inserting in paragraphs 6, 7 and 8, after the words “is payable”, the words “in respect of that period”.
Application of amendments.
5. The amendments made to the Principal Act by this Act apply in relation to 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) by the registered owner of an aircraft in respect of a period that commences on or after that date; and
(d) by the owner of a foreign aircraft in respect of a week or a part of a week that commences on or after that date.
Overview
The Air Navigation (Charges) Act 1963 was enacted by the Commonwealth Parliament to address the need for updated charges concerning Commonwealth air navigation facilities and services. This Act aimed to revise the unit charges for aircraft based on their weight, ensuring that the fees collected would accurately reflect the costs associated with providing these services. The Act commenced on 1 January 1964, following its assent on 1 November 1963, and amended the Air Navigation (Charges) Act 1952–1962 by introducing new rates for aircraft charges based on their weight categories, while also clarifying the application of these charges to various flight-related activities. The policy objective was to provide a structured and equitable framework for charging aircraft users, thus maintaining the financial viability of air navigation services within Australia.
Scope and Application
The Air Navigation (Charges) Act 1963 applies to charges in respect of Commonwealth air navigation facilities and services and amends the Air Navigation (Charges) Act 1952–1962, which is referred to as the Principal Act. This legislation governs the unit charges for aircraft based on their weight, with different rates applying for aircraft weighing up to 25,000 pounds, between 25,000 and 50,000 pounds, between 50,000 and 100,000 pounds, and over 100,000 pounds. The Act applies to flights between places in Australia, landings or take-offs of aircraft, and periods related to the registered ownership of aircraft or the ownership of foreign aircraft. The amendments made by the 1963 Act apply to charges payable on or after its commencement date of 1 January 1964. The geographic reach of the Act is national, as it pertains to air navigation within Australia. There are no stated exclusions, exemptions, or thresholds in the text provided. The Act extends its application through amendments to the Principal Act, as evidenced by the changes to the First and Second Schedules.
Key Provisions
The Air Navigation (Charges) Act 1963 primarily modifies the unit charges for aircraft based on their weight, as detailed in the First Schedule of the Principal Act (sections 3 and 4). The Act introduces new rates for charges based on the weight categories of aircraft. For aircraft weighing up to 25,000 pounds, the unit charge is set at 5.445 pence per 1,000 pounds. For aircraft weighing between 25,000 and 50,000 pounds, the charge is 8.47 pence per 1,000 pounds. For aircraft weighing between 50,000 and 100,000 pounds, the charge is 10.89 pence per 1,000 pounds, and for aircraft weighing more than 100,000 pounds, the charge is 12.705 pence per 1,000 pounds. These amendments apply to charges incurred for flights, landings, take-offs, or periods of registration occurring on or after the Act's commencement date of 1 January 1964 (section 5).
The Act imposes specific obligations on parties and entities subject to its provisions. It mandates that charges for Commonwealth air navigation facilities and services must be calculated according to the new rates based on aircraft weight, effective from the date of the Act's commencement. This includes both Australian and foreign aircraft operators who must ensure they comply with these new charge structures when operating within Australian airspace or registering their aircraft in Australia. The Act also requires the registered owner of an aircraft and the owner of a foreign aircraft to account for charges in respect of flights, landings, take-offs, or periods of registration starting on or after the effective date of the Act.
The Air Navigation (Charges) Act 1963 does not explicitly state offences, penalties, or specific consequences for non-compliance with its provisions. However, given the regulatory nature of the Act, it is reasonable to infer that failure to comply with the prescribed charge rates and payment obligations could result in civil or administrative penalties under other relevant aviation or fiscal legislation. Parties may face enforcement actions, fines, or other penalties as prescribed by applicable laws if they do not adhere to the charge structures and obligations outlined in the Act.