Air Navigation (Charges)
No. 75 of 1969
An Act relating to Charges in respect of Commonwealth Air Navigation Facilities and Services.
[Assented to 26 September 1969]
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 1969.
(2.) The Air Navigation (Charges) Act 1952–1968 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 1952–1969.
Commencement.
2. This Act shall come into operation on the first day of January, One thousand nine hundred and seventy.
First Schedule.
3.—(1.) The First Schedule to the Principal Act is amended—
(a) by omitting sub-paragraph (1.) of paragraph 7 and inserting in its stead the following sub-paragraphs:—
“(1.) Subject to the next succeeding sub-paragraph, the unit charge for an aircraft is an amount calculated in accordance with the following table:—
Column 1 | Column 2 |
Weight of aircraft, in pounds | Amount, in cents, for each 1,000 pounds, or part of 1,000 pounds, of weight of aircraft |
Not more than 25,000........................... | 8.03 |
More than 25,000 but not more than 50,000............. | 12.50 |
More than 50,000 but not more than 100,000............ | 16.08 |
More than 100,000 but not more than 200,000........... | 18.75 |
More than 200,000............................. | 20.57 |
“(1a.) Where—
(a) a charge in accordance with a Schedule to this Act is payable by the holder of an international airline licence; or
(b) a charge in accordance with this Schedule is payable in respect of a flight, take-off or landing made by an aircraft in the course of operations under an international airline licence conducted by a person other than the holder of the licence in pursuance of a contract or arrangement between the person and the holder of the licence,
the unit charge for the aircraft, for the purpose of calculating the amount of the charge so payable, is an amount calculated in accordance with the following table:—
Column 1 | Column 2 |
Weight of aircraft, in pounds | Amount, in cents, for each 1,000 pounds, or part of 1,000 pounds, of weight of aircraft |
Not more than 25,000........................... | 7.30 |
More than 25,000 but not more than 50,000............. | 11.36 |
More than 50,000 but not more than 100,000............ | 14.62 |
More than 100,000 but not more than 200,000........... | 17.05 |
More than 200,000............................. | 18.70”. |
(b) by omitting from sub-paragraph (2.) of paragraph 7 the words “preceding sub-paragraph” and inserting in their stead the words “two preceding sub-paragraphs”; and
(c) by adding at the end of paragraph 7 the following sub-paragraph:—
“(4.) In this paragraph, ‘international airline licence’ means an airline licence with respect to an air service between a place in Australia and a place outside Australia.”.
(2.) The amendments of the Principal Act made by the last preceding sub-section—
(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 1969 was enacted to address the need for a structured and updated framework governing the charges related to Commonwealth air navigation facilities and services. This legislation sought to modernise the existing regime, previously established under the Air Navigation (Charges) Act 1952–1968, to ensure that it could effectively accommodate the evolving demands and complexities of the aviation industry. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to provide a clear and transparent basis for the imposition of charges for air navigation services, thereby facilitating orderly and efficient air traffic management within Australian airspace. The policy objective behind the Act is to ensure that the charges are fair and adequately reflect the costs associated with maintaining and operating air navigation infrastructure.
Scope and Application
The Air Navigation (Charges) Act 1969 applies to charges in respect of Commonwealth air navigation facilities and services, specifically targeting entities such as airlines and aircraft owners who utilise these services. This includes both domestic and international flights originating from or landing in Australia. The Act's provisions govern the charges levied on aircraft based on their weight and the nature of the flight, whether it be domestic or international. The Act applies nationally within Australia, as it pertains to air navigation services provided under the jurisdiction of the Commonwealth. However, the Act does not explicitly mention exclusions or exemptions, but it is reasonable to infer that certain government or military aircraft may be excluded, as is often the case with such legislation. The application of the Act can be extended or modified through subordinate instruments, which may provide further detail on the calculation and collection of the specified charges.
Key Provisions
The Air Navigation (Charges) Act 1969, referred to as the Act, primarily deals with the charges levied for Commonwealth air navigation facilities and services. The Act amends the Air Navigation (Charges) Act 1952–1968, and the amended Act is referred to as the Air Navigation (Charges) Act 1952–1969. The Act came into operation on the first day of January 1970. Section 3 of the Act amends the First Schedule of the Principal Act, which details the unit charges for aircraft based on their weight. The amendments introduce new sub-paragraphs to adjust the unit charge for aircraft, depending on whether the aircraft is involved in international flights or domestic flights. The unit charge for international flights is slightly lower than for domestic flights, as shown in the amended tables provided in the Act.
The Act imposes several obligations on parties and entities governed by it. Firstly, it mandates that the unit charge for an aircraft is calculated based on its weight, with different rates for domestic and international flights. The Act requires the use of the amended tables to determine the charge, ensuring consistency and fairness in the charging process. Additionally, the Act specifies that these charges apply to flights, take-offs, and landings completed after the Act's commencement date, as well as to periods commencing after this date for both Australian and foreign aircraft owners. These obligations are designed to ensure that the appropriate charges are applied to the correct services and timeframes.
The Act also outlines potential consequences for non-compliance with its provisions. While the Act does not explicitly state offences, penalties, or consequences for breaches, it is reasonable to infer that failure to adhere to the specified charging rates and timelines could result in legal action. In Australia, non-compliance with legislative requirements can lead to various civil or criminal penalties, depending on the severity and intent of the breach. For instance, penalties might include fines or legal action to recover unpaid charges. The maximum penalties, if any, would be determined based on the specific breach and the relevant legislation governing such cases.