Air Navigation (Charges) Amendment Act 1978

Legislation au C2004A01975 Not in force Act

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AIR NAVIGATION (CHARGES) AMENDMENT ACT 1978

No. 176 of 1978

An Act to amend the Air Navigation (Charges) Act 1952.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Air Navigation (Charges) Amendment Act 1978.

(2) The Air Navigation (Charges) Act 1952 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on 1 December 1978.

Interpretation

3. Section 2 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(3) The weight of an aircraft shall, for the purposes of this Act, be taken to be—

(a) the weight that is for the time being fixed by the Secretary, under sub-section (4), as the weight of an aircraft of that type for the purposes of this Act; or

(b) if there is no weight so fixed—the maximum all-up weight of the aircraft.

“(4) The Secretary may, by notice published in the Gazette, fix the weight of an aircraft of any type for the purposes of this Act, being—

(a) the weight that he is satisfied is the maximum all-up weight of an aircraft of that type; or

(b) such lesser weight as he considers appropriate.”.

Schedule 1—paragraph 7

4. Paragraph 7 of Schedule 1 of the Principal Act is omitted and the following paragraph is substituted:

“7. (1) For the purposes of this Schedule, the unit charge for an aircraft that is not operated by Qantas Airways Limited or by the holder of an international airline licence issued under the Air Navigation Act 1920 is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—10 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—17.5 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft;

(c) if the weight of the aircraft is more than 9,000 kilogrammes but not more than 20,000 kilogrammes—$3.50 plus 41.9 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes;

(d) if the weight of the aircraft is more than 20,000 kilogrammes but not more than 100,000 kilogrammes—$12.71 plus 51.5 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes; or

(e) if the weight of the aircraft is more than 100,000 kilogrammes—$95.11 plus 47.7 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.

“(2) For the purposes of this Schedule, the unit charge for an aircraft operated by Qantas Airways Limited or by the holder of an international airline licence issued under the Air Navigation Act 1920 is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—9 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—15.2 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft;


(c) if the weight of the aircraft is more than 9,000 kilogrammes but not more than 20,000 kilogrammes—$3.04 plus 36.4 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes;

(d) if the weight of the aircraft is more than 20,000 kilogrammes but not more than 100,000 kilogrammes—$11.05 plus 44.8 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes; or

(e) if the weight of the aircraft is more than 100,000 kilogrammes—$82.73 plus 41.5 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.”.

Schedule 2—paragraphs 4 and 4a

5. Paragraph 4 of Schedule 2 of the Principal Act is omitted and the following paragraphs are substituted:

“4. An aircraft that is not an aircraft of any of the types described in column 1 of the table in sub-paragraph 3 (1) shall, for the purposes of this Schedule, be deemed to be a private aircraft.

“4a. For the purposes of this Schedule, the unit charge for an aircraft is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—10 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—17.5 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft;

(c) if the weight of the aircraft is more than 9,000 kilogrammes but not more than 20,000 kilogrammes—$3.50 plus 41.9 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes;

(d) if the weight of the aircraft is more than 20,000 kilogrammes but not more than 100,000 kilogrammes—$12.71 plus 51.5 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes; or

(e) if the weight of the aircraft is more than 100,000 kilogrammes—$95.11 plus 47.7 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.”.

Schedule 3—paragraph 3

6. Paragraph 3 of Schedule 3 of the Principal Act is amended by omitting sub-paragraph (2) and substituting the following sub-paragraph:

“(2) For the purposes of sub-paragraph (1), the relevant period, in relation to an aircraft, is the period from the date on which the aircraft entered Australia until—

(i) the date of the departure of the aircraft from Australia; or

(ii) if the aircraft becomes registered under the Air Navigation Regulations while in Australia—the date of the registration of the aircraft under those Regulations.”.

Schedule 3—paragraph 3a

7. After paragraph 3 of Schedule 3 of the Principal Act the following paragraph is inserted:

“3a. For the purposes of this Schedule, the unit charge for an aircraft is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—9 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—15.2 cents for each 450 kilogrammes, or part of 450 kilogrammes, of the weight of the aircraft;

(c) if the weight of the aircraft is more than 9,000 kilogrammes but not more than 20,000 kilogrammes—$3.04 plus 36.4 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 9,000 kilogrammes;

(d) if the weight of the aircraft is more than 20,000 kilogrammes but not more than 100,000 kilogrammes—$11.05 plus 44.8 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 20,000 kilogrammes; or

(e) if the weight of the aircraft is more than 100,000 kilogrammes—$82.73 plus 41.5 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.”.


Formal amendments

8. The Principal Act is amended as set out in the Schedule.

Application of amendments

9. To the extent that the amendments of the Principal Act made by this Act affect a charge payable in respect of a year of registration of an aircraft or a charge payable by the owner of a foreign aircraft in respect of a week or part of a week, those amendments apply in the case of such a charge that is payable in respect of a year, or in respect of a week or part of a week, commencing on or after 1 December 1978.

____________

SCHEDULE     Section 8

FORMAL AMENDMENTS

The Principal Act is amended as set out in the following table:

Provision

Amendment

Sub-section 6(3)

Omit “One thousand dollars”, substitute “$1,000”.

Sub-paragraph 2a(1)
of Schedule 1

Omit “two”, substitute “2”.

Paragraph 3 of Schedule 1

Omit “two” (wherever occurring), substitute “2”.

Sub-paragraph 4(1a)
of Schedule 1

(a) Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (1)”.

 

(b) Omit “two”, substitute “2”.

Paragraph 5 of Schedule 1

Omit “two”,(where ver occurring) substitute “2”.

Sub-paragraph 5a(1)
of Schedule 1

Omit “the next succeeding sub-paragraph”, substitute “sub-paragraph (2)”.

Sub-paragraph 6(1)
of Schedule 1

Omit “the next succeeding paragraph”, substitute “sub-paragraph (2)”.

Sub-paragraph 6(2)
of Schedule 1

Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (1)”.

Clause 8(da) of Schedule 1

Omit “a part of the Defence Force of the Commonwealth”, substitute “an arm of the Defence Force”.

Sub-paragraph 2(2)
of Schedule 2

Omit “twelve”, substitute “12”.

Sub-paragraph 3(2)
of Schedule 2

Omit “fifty-two”, substitute “52”.

Sub-paragraph 3(3)
of Schedule 2

Omit “, sub-paragraph (3) of paragraph 10, and sub-paragraph (2) of paragraph 11”, substitute “and sub-paragraphs 10(3) and 11(2)”.

Sub-paragraph 3(4)
of Schedule 2.........

Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (3)”.

Paragraph 7 of Schedule 2..

Omit “four”, substitute “4”.

Paragraph 8 of Schedule 2..

Omit “four”, substitute “4”.

Paragraph 9 of Schedule 2..

Omit “four”, substitute “4”.

Sub-paragraph 10(1)
of Schedule 2.........

Omit “Public Service of the Commonwealth”, substitute “Australian Public Service”.

Clause 11(3)(b)of
Schedule 2...........

Omit “fourteen”, substitute “14”.

Paragraph 4a of Schedule 3.

Omit “a part of the Defence Force of the Commonwealth”, substitute “an arm of the Defence Force”.

Sub-paragraph 6(1)
of Schedule 3.........

Omit “Public Service of the Commonwealth”, substitute “Australian Public Service”.

 

Overview

The Air Navigation (Charges) Amendment Act 1978 (Act No. 176 of 1978) was enacted to amend the Air Navigation (Charges) Act 1952, addressing various gaps and issues within the existing legislative framework. This Act was passed by the Parliament of Australia, specifically the Queen, the Senate, and the House of Representatives, and it came into operation on 1 December 1978. The policy objective behind this amendment was to refine the charging structure for aircraft, ensuring that it more accurately reflects the operational costs and the economic environment at the time. By adjusting the weight-based charge categories and introducing new differential rates for various aircraft types, the Act aimed to provide a more equitable and efficient system of air navigation charges.

Scope and Application

The Air Navigation (Charges) Amendment Act 1978 applies to aircraft operating within Australian airspace, specifically amending the Air Navigation (Charges) Act 1952. It introduces changes to the unit charges for aircraft based on their weight, differentiating between aircraft operated by Qantas Airways Limited or holders of an international airline licence under the Air Navigation Act 1920, and other aircraft. The Act also provides the Secretary with the authority to fix the weight of an aircraft for the purposes of determining charges. Its geographic reach encompasses all aircraft entering and departing Australian airspace, as well as foreign aircraft registered in Australia. The amendments apply to charges payable from 1 December 1978, and certain provisions can be extended or restricted through subordinate instruments. The Act does not specify any exclusions, exemptions, or thresholds beyond those outlined for the weight-based charges.

Key Provisions

The Air Navigation (Charges) Amendment Act 1978 (C2004A01975) amends the Air Navigation (Charges) Act 1952. The primary changes involve adjustments to the unit charges for aircraft based on their weight, and modifications to the definitions and operational terms within the legislation. Section 3 introduces a new definition for the term 'weight of an aircraft', which is critical for determining the applicable charges. It states that the weight of an aircraft can either be the weight fixed by the Secretary under subsection (4), or if no such weight is fixed, the maximum all-up weight of the aircraft. Subsection (4) further clarifies that the Secretary can fix the weight of an aircraft of any type by notice in the Gazette, specifying either the maximum all-up weight or a lesser weight deemed appropriate. The Act imposes several obligations on the parties governed by it. Primarily, it mandates that the weight of an aircraft be determined for the purposes of applying the charges outlined in the schedules of the Principal Act. For operators of aircraft not belonging to Qantas Airways Limited or holders of an international airline licence under the Air Navigation Act 1920, the unit charges are specified in paragraph 7 of Schedule 1, varying according to the weight of the aircraft. For aircraft operated by Qantas Airways Limited or holders of an international airline licence, the unit charges are specified in paragraph 4a of Schedule 3, which similarly vary based on the aircraft's weight. Operators must ensure that the correct charge is applied based on these stipulations. The Act does not explicitly outline offences or penalties for breaches of its provisions. However, the imposition of incorrect charges could potentially lead to civil consequences, such as financial penalties or demands for repayment of overpaid or underpaid charges. Given the nature of the amendments, it is likely that any breaches would be subject to the general legal consequences applicable for non-compliance with statutory requirements, which could include fines or other civil remedies, although the specific penalties are not detailed within the Act itself.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.