AIR NAVIGATION (CHARGES) ACT 1976
No. 5 of 1976
An Act to amend the Air Navigation (Charges) Act 1952-1974.
BE IT ENACTED by the Queen, and the Senate and 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 1976.
(2) The Air Navigation (Charges) Act 1952-1974 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 1952-1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Schedule 1—paragraph 3.
3. Paragraph 3 of Schedule 1 to the Principal Act is amended by omitting from sub-paragraph (1) the words “Port Moresby” (twice occurring).
Schedule 1—paragraph 7.
4. Paragraph 7 of Schedule 1 to the Principal Act is amended by omitting the table in sub-paragraph (1) and substituting the following table:—
Column 1 | Column 2 |
Weight of aircraft in
kilogrammes | |
Amount of unit charge |
Not more than 700........... | 8 cents |
More than 700 but not more than 9,000 | 13.2 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft |
More than 9,000 but not more than 20,000 | $2.64 plus 31.7 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes |
More than 20,000 but not more than 100,000 | $9.61 plus 39 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes |
More than 100,000.......... | $72.01 plus 36.1 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes |
Schedule 1— Table of Flights.
5. The Table of Flights contained in Schedule 1 to the Principal Act is amended—
(a) by omitting items 48, 66, 110, 115, 122, 125, 158a and 165;
(b) by inserting after item 202 the following item:—
“202aa| Perth-Christmas Island | 12”;
(c) by omitting item 239aa and substituting the following item:—
“239aa | Darwin-Port Hedland| 5”; and
(d) by omitting items 257, 259, 261, 263, 290a, 305, 307, 309 and 310.
Application of amendment.
6. The amendment of the Principal Act made by section 4 applies—
(a) in relation to a charge payable in respect of a flight completed on or after 1 December 1975 or a take-off or landing on or after that date; and
(b) in relation to a charge—
(i) payable in respect of a year of registration of an aircraft commencing on or after that date; or
(ii) payable by the owner of a foreign aircraft in respect of a week or part of a week commencing on or after that date,
as if this Act had come into operation on that date.
Overview
The Air Navigation (Charges) Act 1976 was enacted by the Parliament of the Commonwealth of Australia to amend the existing Air Navigation (Charges) Act 1952-1974. This Act addresses the need to update the regulatory framework governing the imposition of charges for air navigation services. By modifying the Principal Act, this legislation introduces revised unit charges for aircraft based on their weight, and it updates the Table of Flights to reflect current flight routes and frequencies. The policy objective of these amendments is to ensure that the charging system remains effective and relevant to the evolving needs of the aviation industry, thereby maintaining the financial sustainability of air navigation services while supporting the broader goals of the national aviation infrastructure.
Scope and Application
The Air Navigation (Charges) Act 1976 is an amendment to the Air Navigation (Charges) Act 1952-1974, and it applies to all charges related to air navigation within the Commonwealth of Australia. This Act pertains to entities such as aircraft operators, both domestic and foreign, that use Australian airspace. It regulates the financial charges imposed on these entities for their use of air navigation services, with specific rates determined by the weight of the aircraft. The Act sets out a tiered system of unit charges based on the aircraft's weight, affecting various industries including commercial aviation, private aviation, and military aviation. Geographically, it has a national reach within Australia, covering all flights taking off from or landing in Australian territory. The Act also modifies the Table of Flights in the Principal Act, updating flight routes and omitting or adding specific routes. The changes apply to charges incurred on or after 1 December 1975, impacting both domestic and foreign aircraft.
Key Provisions
The Air Navigation (Charges) Act 1976 (section 1) updates the Air Navigation (Charges) Act 1952-1974 (referred to as the Principal Act) and amends several provisions to reflect changes in flight routes and charging structures. The Act becomes effective on the day it receives Royal Assent (section 2). Specifically, it removes the reference to Port Moresby from paragraph 3 of Schedule 1 of the Principal Act (section 3). It also revises the unit charge structure for aircraft based on weight, introducing a tiered system with specific rates for different weight categories (section 4). The Table of Flights in Schedule 1 of the Principal Act is amended by removing certain items and adding new ones, such as the flight route from Perth to Christmas Island (section 5). The amendments apply to charges for flights completed on or after 1 December 1975, registrations commencing on or after that date, and charges for foreign aircraft for weeks commencing on or after that date (section 6).
Entities governed by this Act, such as aircraft operators and owners, must comply with the new charge structures outlined in the amended provisions. This includes adhering to the updated unit charges based on the aircraft's weight and being aware of the changes in flight routes listed in the Table of Flights. Operators must ensure that they are charging and accounting for fees correctly to avoid discrepancies and potential disputes.
Failure to comply with the provisions of this Act could result in penalties. While the Act does not explicitly state penalties, breaches of similar legislative frameworks typically incur fines or other legal consequences. For instance, non-compliance with aviation regulations often leads to financial penalties or legal action. The specific penalties would be determined by the courts based on the nature and severity of the breach.