Air Navigation (Charges)
No. 48 of 1966
An Act relating to charges in respect of Commonwealth Air Navigation Facilities and Services.
[Assented to 26 October, 1966]
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 1966.
(2.) The Air Navigation (Charges) Act 1952–1965 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 1952–1966.
Commencement.
2. This Act shall come into operation on the first day of January, One thousand nine hundred and sixty-seven.
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 6.04 cents 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 but does not exceed 50,000 pounds—an amount calculated at the rate of 9.39 cents 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 but does not exceed 100,000 pounds—an amount calculated at the rate of 12.08 cents 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 14.09 cents for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft.”.
Application of amendments.
4. The amendments of the Principal Act made by this Act—
(a) apply in relation to a charge payable—
(i) in respect of a flight between places in Australia that is completed on or after the date of commencement of this Act;
(ii) in respect of the landing or take-off of an aircraft on or after that date;
(iii) by the registered owner of an aircraft in respect of a period that commences on or after that date; and
(iv) 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; and
(b) do not affect the application of the Principal Act in relation to any other charges.
Overview
The Air Navigation (Charges) Act 1966 was enacted to regulate the charges associated with Commonwealth Air Navigation Facilities and Services. The Act was introduced to address the need for a revised framework for the imposition of charges on air navigation services, ensuring that the system remained fair and efficient. Enacted by the Parliament of Australia, this legislation aimed to provide clear guidelines and rates for the costs associated with air navigation, thereby ensuring that these services could be funded appropriately to support the growing aviation sector. The Act amends the Air Navigation (Charges) Act 1952–1965, updating the charge structure to reflect changes in aviation technology and operational costs.
Scope and Application
The Air Navigation (Charges) Act 1966 applies to charges in respect of Commonwealth Air Navigation Facilities and Services, particularly concerning the unit charge for aircraft based on their weight. It applies to aircraft, their owners, and foreign aircraft operating within Australia, covering flights, landings, take-offs, and periods of registration or ownership that commence on or after the Act's commencement date of 1 January 1967. The Act amends the Air Navigation (Charges) Act 1952–1965, modifying the unit charges for aircraft depending on their weight, without affecting other charges governed by the Principal Act. The amendments are applicable only to charges related to activities occurring in Australia on or after the specified date.
Key Provisions
The Air Navigation (Charges) Act 1966 primarily revises the unit charge structure for aircraft based on their weight, as outlined in section 1, which amends the First Schedule of the Principal Act. According to section 1(1), the Act is referred to as the Air Navigation (Charges) Act 1966, while the amended Principal Act may be cited as the Air Navigation (Charges) Act 1952–1966. Section 2 stipulates that the Act will come into operation on the first day of January 1967. The substantive change introduced by this Act is the revision of the unit charge for aircraft based on their weight categories, detailed in the First Schedule.
The Act imposes obligations on the parties involved, specifically the registered owners of aircraft and the owners of foreign aircraft. Under section 4, the amendments apply to charges payable in respect of flights, landings, take-offs, or periods commencing on or after the date of commencement of this Act. This means that any aircraft flying between places in Australia, landing or taking off on or after the date of commencement, or owned by registered owners or foreign owners from that date forward, will be subject to the new charge structure. These obligations are clearly delineated to ensure that the new charge rates apply to all relevant activities from the effective date.
Section 4 also delineates the scope of the amendments, ensuring that they do not affect charges governed by the Principal Act prior to the date of commencement. This specificity is crucial for maintaining clarity and avoiding any confusion or overlap in charge application. The Act does not introduce any new offences, penalties, or civil/criminal consequences beyond the stipulation of the new charge rates. The primary focus of the Act is to adjust the financial obligations associated with air navigation services based on the weight of the aircraft, without imposing additional punitive measures for non-compliance.