Air Navigation (Charges) Amendment Act 1979

Legislation au C2004A02152 Not in force Act

Legislation content

Air Navigation (Charges) Amendment Act 1979

No. 142 of 1979

An Act to amend the Air Navigation (Charges) Act 1952, and for related purposes.

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 1979.

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

Commencement

2. (1) Section 10 and sub-section 17(2) shall come into operation on such date as is fixed by Proclamation.

(2) The remaining provisions of this Act shall come into operation on 1 December 1979.

Air navigation charges

3. Section 5 of the Principal Act is amended by omitting from sub-section (2) “an amount calculated at the rate of 10 per centum per annum upon the amount of that charge remaining unpaid” and substituting “an amount calculated upon the amount of that charge remaining unpaid at the rate of 1% for each month or part of a month for which that amount is unpaid”.

Schedule 1—paragraph 2aa

4. After paragraph 2 of Schedule 1 to the Principal Act the following paragraph is inserted:

“2aa. (1) A charge is payable, in accordance with this Schedule, by the owner of a foreign aircraft that is operated by a person (whether the owner or not) who is not the holder of an airline licence or a charter licence in respect of a flight made by the aircraft between places in Australia in the course of charter operations.

“(2) This paragraph applies in relation to a flight commencing and ending at the one place in Australia without a landing at any other place in like manner as it applies in relation to a flight between places in Australia.”.

Schedule 1—paragraph 3

5. Paragraph 3 of Schedule 1 to the Principal Act is amended by omitting sub-paragraph (1) and substituting the following sub-paragraph:


“(1) For the purposes of paragraphs 1, 2 and 2aa, a flight between 2 places by way of an intermediate stopping place (not being Canberra, Darwin, Alice Springs or the capital city of a State) or by way of intermediate stopping places (none of which is Canberra, Darwin, Alice Springs or the capital city of a State) shall be deemed to be a flight between those 2 places.”.

Schedule 1—paragraph 4

6. Paragraph 4 of Schedule 1 to the Principal Act is amended by inserting in sub-paragraphs (1) and (1a) “2aa,” after “paragraph 1, 2”

Schedule 1—paragraph 6

7. Paragraph 6 of Schedule 1 to the Principal Act is amended by inserting after sub-paragraph (2) the following sub-paragraph:

“(2a) A charge is payable by the owner of a foreign aircraft that is operated by a person (whether the owner or not) who is not the holder of an airline licence or a charter licence in respect of the landing in Australia of the aircraft on arrival from a place outside Australia in the course of charter operations, and a charge is payable by the owner of a foreign aircraft that is operated by such a person in respect of the take-off of the aircraft on departure to a place outside Australia in the course of charter operations.”.

Schedule 1—paragraphs 7 and 7a

8. Paragraph 7 of Schedule 1 to the Principal Act is omitted and the following paragraphs are substituted:

“7. For the purposes of this Schedule, the unit charge for an aircraft (not being an aircraft to which paragraph 7a applies) is—

(a) if the weight of the aircraft is not more than 700 kilogrammes—12.5 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—21.9 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—$4.38 plus 52.4 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—$15.91 plus 64.4 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—$118.95 plus 59.6 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.


“7a. (1) This paragraph applies to an aircraft—

(a) that is operated by Qantas Airways Limited;

(b) that is operated by the holder of an international airline licence issued under the Air Navigation Act 1970; or

(c) that is a foreign aircraft engaged in charter operations and is operated by a person who is not the holder of an airline licence or a charter licence.

“(2) For the purposes of this Schedule, the unit charge for an aircraft to which this paragraph applies 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 1—table

9. Part I of the table in Schedule 1 to the Principal Act is amended by inserting after item 132 the following item:

“132a. Melbourne-Proserpine.................. 11”.

Schedule 2—paragraph 4a

10. Paragraph 4a of Schedule 2 to the Principal Act is omitted and the following paragraph substituted:

“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—12 cents;

(b) if the weight of the aircraft is more than 700 kilogrammes but not more than 9,000 kilogrammes—21 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—$4.20 plus 50.3 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—$15.27 plus 61.8 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—$114.15 plus 57.2 cents for each 500 kilogrammes, or part of 500 kilogrammes, by which the weight of the aircraft exceeds 100,000 kilogrammes.”.

Schedule 2—paragraph 10

11. Paragraph 10 of Schedule 2 to the Principal Act is amended—

(a) by omitting from sub-paragraph (1) “of the Second Division”; and

(b) by omitting sub-paragraph (3) and substituting the following sub-paragraph:

“(3) Without limiting the generality of the preceding provisions of this paragraph, where a charge has been paid in respect of an aircraft in respect of a year and the registration of the aircraft is cancelled during that year, the holder of the certificate of registration in respect of the aircraft is entitled to a refund of an amount calculated by multiplying the weekly rate at which the charge was so paid by the number of whole weeks from the date of cancellation to the end of that year.”.

Schedule 2—paragraph 11

12. Paragraph 11 of Schedule 2 to the Principal Act is amended by omitting from sub-paragraph (2) “the person who paid the charge” and substituting “the holder of the certificate of registration in respect of the aircraft”.

Schedule 3—paragraph 1

13. Paragraph 1 of Schedule 3 to the Principal Act is omitted and the following paragraph substituted:

“1. Charges are payable, in accordance with this Schedule, by the owners of foreign aircraft, other than aircraft—

(a) that are operated by the holders of airline licences;

(b) that are operated by the holders of charter licences in the course of regular public transport operations or of charter operations; or

(c) that are operated by persons who are not the holders of airline licences or charter licences in the course of charter operations.”.


Schedule 3—paragraph 3

14. Paragraph 3 of Schedule 3 to the Principal Act is amended by omitting sub-paragraph (1) and substituting the following sub-paragraph:

“(1) The amount of the charge payable under this Schedule in respect of an aircraft is 18 times the unit charge for the aircraft in respect of each week or part of a week included in the relevant period.”.

Schedule 3—paragraph 4a

15. Paragraph 4a of Schedule 3 to the Principal Act is omitted.

Schedule 3—paragraph 6

16. Paragraph 6 of Schedule 3 to the Principal Act is amended by omitting from sub-paragraph (1) “of the Second Division”.

Application of amendments

17. (1) The amendment made by section 3 applies in respect of a liability to a penalty that arises on or after 1 December 1979.

(2) The amendments made by sections 4 to 9 (inclusive) do not apply in relation to an aircraft during a period in respect of which a charge has become payable, or has been paid, under Schedule 3 to the Principal Act in relation to the aircraft.

(3) The amendment made by section 10 applies in relation to a year of registration of an aircraft commencing on or after the day on which that section comes into operation.

(4) The amendment made by section 14 applies in relation to a charge payable in respect of a week or a part of a week included in a relevant period commencing on or after 1 December 1979.

 

 

Overview

The Air Navigation (Charges) Amendment Act 1979, enacted by the Commonwealth of Australia's Parliament, amends the Air Navigation (Charges) Act 1952. This legislation was introduced to address the need for updating and refining the charges applicable to air navigation services. It specifically targets the adjustments of penalty rates for late payments, introduces new charges for certain types of foreign aircraft operations, and modifies the unit charges based on aircraft weight. The amendments aim to ensure that the charges reflect the current economic conditions and operational requirements of the aviation sector. The Act provides a more structured approach to charging for air navigation services, ensuring they are fair and reflective of the services provided. The Act outlines the introduction of a new charge for foreign aircraft operated by persons without an airline or charter licence in charter operations, both for flights between Australian locations and for landing and take-off operations. It also revises the unit charges for different categories of aircraft based on weight, introducing differentiated rates for various weight brackets and types of operations. Additionally, the Act modifies the refund provisions for aircraft registration cancellations during a charge year and adjusts the weekly charge multiplier to 18 times the unit charge. These amendments are designed to enhance the revenue structure for air navigation services while ensuring compliance with current operational standards and practices.

Scope and Application

The Air Navigation (Charges) Amendment Act 1979 applies to various entities involved in air navigation within Australia, including owners of foreign aircraft operated by persons without specific airline or charter licences. This amendment Act modifies the Air Navigation (Charges) Act 1952, primarily affecting charges for charter operations and the calculation of penalties for unpaid charges. The amendments also introduce new charges for foreign aircraft operated by persons not holding the necessary licences during charter operations. The Act's provisions extend across the Commonwealth of Australia, governing air navigation activities and imposing financial obligations on relevant parties. Notably, the Act excludes aircraft operated by holders of airline or charter licences and those involved in regular public transport operations or charter operations. The amendments do not apply retrospectively, meaning they only affect liabilities and charges accruing from specific dates mentioned in the Act, such as 1 December 1979. The Act's scope is further defined through subordinate instruments that may extend or restrict its application, ensuring clarity and precision in its enforcement.

Key Provisions

The Air Navigation (Charges) Amendment Act 1979 (Act) amends the Air Navigation (Charges) Act 1952 (Principal Act) to modify the rates and conditions for air navigation charges. Section 3 of the Act alters the interest rate on unpaid charges from 10% per annum to 1% per month or part of a month, as stated in subsection (2). Additionally, a new charge is introduced for flights made by foreign aircraft operated by persons not holding an airline or charter licence for charter operations between places in Australia, as outlined in paragraph 2aa of Schedule 1. The Act also introduces new unit charge rates based on the weight of the aircraft for various categories, as specified in paragraphs 7 and 7a of Schedule 1. The Act imposes several obligations on the parties it governs. Owners of foreign aircraft operated by persons without the necessary licences must pay the specified charges for flights and landings in Australia, as detailed in paragraphs 2aa and 6 of Schedule 1. Additionally, the Act mandates specific unit charges based on the weight of the aircraft, as outlined in paragraphs 7, 7a, and 4a of Schedules 1 and 2. The Act also requires the payment of weekly charges for aircraft registration, as stated in paragraph 3 of Schedule 3. The Act provides for civil consequences in the event of non-compliance. Failure to pay the prescribed charges may result in legal action to recover the owed amounts. The penalties and consequences for non-payment are not explicitly stated in the Act, but the amendments suggest that non-compliance could lead to enforcement actions to ensure compliance with the air navigation charges.

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Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
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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.