EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO 330
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT)
Section 6 of the Air Navigation (Charges) Act 1952 (“the Act”) provides that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters permitted by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 6(2)(c) of the Act provides that the regulations may include provisions for and in relation to review by the Administrative Appeals Tribunal of specified decisions made under the regulations.
The Air Navigation (Charges) Regulations (Statutory Rules No. 130 of 1985) (“the Regulations”), prescribe matters relating to the statutory lien provisions of the Act. Regulation 6 provides that where an aircraft subject to a statutory lien is seized and sold by the Commonwealth, creditors having security over the aircraft may lodge a claim against its realised value. Sub-regulation 6(3) provides for the Secretary or an authorised officer to consider and approve or reject each claim. Sub-regulation 6(4) provides that where a claim is rejected, in whole or in part, the decision-maker shall, by written notice within 28 days, inform the claimant of the making of the decision. Sub-regulations 6(5), (6) and (7) provide for review by the Administrative Appeals Tribunal of that decision.
The Regulations were tabled in Parliament on 30 August 1985 and considered by the Senate Standing Committee on Regulations and Ordinances on 12 September 1985. The Committee recommended that the Regulations be amended to provide that reasons for a decision to reject a claim accompany any notice issued under sub-regulation 6(4). The Minister agreed that such an amendment would be appropriate.
The regulation amends sub-regulation 6(4) to provide that a statement of reasons be included in any notice informing a claimant of the making of a decision to reject a claim in whole or in part.