Air Navigation (Charges) (No. 2)
No. 125 of 1965
An Act to amend the Air Navigation (Charges) Act 1952–1964, as amended by the Air Navigation (Charges) Act 1965, in relation to Decimal Currency.
[Assented to 18 December, 1965]
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 (No. 2) 1965.
(2.) The Air Navigation (Charges) Act 1952–1964, as amended by the Air Navigation (Charges) Act 1965, is in this Act referred to as the Principal Act.
(3.) Section 1 of the Air Navigation (Charges) Act 1965 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Air Navigation (Charges) Act 1952–1965.
Commencement.
2. This Act shall come into operation on the fourteenth day of February, One thousand nine hundred and sixty-six.
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 5.49 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 pounds but does not exceed 50,000 pounds—an amount calculated at the rate of 8.54 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 pounds but does not exceed 100,000 pounds—an amount calculated at the rate of 10.98 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 12.81 cents for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft.”.
Application of amendments.
4. The amendments made to the Principal Act 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 (No. 2) 1965 was enacted by the Parliament of Australia to amend the Air Navigation (Charges) Act 1952–1964, specifically to update the charges to align with the transition to decimal currency in Australia. This amendment was necessitated by the need to standardise and update the pricing structure to reflect the new monetary system, ensuring that all charges related to air navigation were consistent with the national currency changes. The Act came into effect on 14 February 1966 and made precise adjustments to the unit charge for aircraft based on their weight, providing a clear and structured method for calculating these charges in the new currency.
Scope and Application
The Air Navigation (Charges) Act (No. 2) 1965 amends the Air Navigation (Charges) Act 1952–1964, as previously amended by the Air Navigation (Charges) Act 1965, to address the transition to decimal currency in Australia. This Act applies to charges associated with flights between places within Australia, landings or take-offs of aircraft, charges incurred by the registered owner of an aircraft, and charges for foreign aircraft. The changes introduced by this Act pertain specifically to charges that become payable on or after the Act's commencement date of 14 February 1966. The Act does not alter the application of the Principal Act in relation to any charges made before this date. The amendments primarily concern the calculation of unit charges for aircraft based on their weight, with different rates specified 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 geographic scope of the Act is limited to Australia, impacting aviation activities and charges within the nation's jurisdiction.
Key Provisions
The Air Navigation (Charges) Act (No. 2) 1965 introduces amendments to the Air Navigation (Charges) Act 1952–1964, primarily addressing the transition to decimal currency. The main changes are detailed in the First Schedule of the Act, where new unit charges for aircraft are set based on their weight (Section 3). These rates are specified as 5.49 cents for each 1,000 pounds or part of 1,000 pounds for aircraft weighing up to 25,000 pounds, 8.54 cents for those weighing between 25,000 and 50,000 pounds, 10.98 cents for those weighing between 50,000 and 100,000 pounds, and 12.81 cents for those weighing more than 100,000 pounds. These new charges apply to flights, landings, and take-offs occurring on or after the Act's commencement date of 14 February 1966 (Section 2).
The Act imposes specific obligations on the registered owners of aircraft and the owners of foreign aircraft to ensure compliance with the new unit charge rates. These obligations include calculating and paying the appropriate charges for flights, landings, and take-offs that occur on or after the commencement date (Section 4). It is essential for these parties to be aware of the new rates and to apply them correctly in their billing and payment processes to avoid any discrepancies or non-compliance with the Act.
Failure to comply with the new charge rates established by this Act may result in civil consequences, although the specific penalties are not detailed in the text provided. However, it is reasonable to infer that non-compliance could lead to disputes, financial penalties, or other enforcement actions as per the regulatory framework in place under the Air Navigation (Charges) Act. While the Act does not specify maximum penalties within the excerpt, it is likely that the penalties would be consistent with those outlined in the overarching legislation governing air navigation charges.