EXPLANATORY STATEMENT
STATUTORY RULES NO 162
ISSUED BY THE AUTHORITY OF THE MINISTER
FOR TRANSPORT AND COMMUNICATIONS
AIR NAVIGATION (CHARGES) ACT 1952
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.
The Air Navigation (Charges) Regulations (the Regulations) prescribing landing charges at Commonwealth aerodromes and other air service charges at specified aerodromes, formerly were administered by the Department of Transport and Communications. With the establishment of the Civil Aviation Authority under the Civil Aviation Act 1988, the responsibility for the determination and collection of some charges transferred to the Authority from 1 July 1988. These charges relate to the facilities and services
provided by the Authority, but do not cover the functions of setting safety standards for civil air operations and monitoring of compliance with those standards. The Authority will receive reimbursement from the Government for the costs associated with these functions.
Consequential amendments to the existing regulations are required in order to reflect the transfer of functions to the Authority and its ability under the Civil Aviation Act 1988 to charge for these functions.
The Authority will have sole responsibility for administering the process of statutory liens imposed on aircraft arising from unpaid debts, and will act on behalf of the Department in relation to aircraft on which debts are payable to the Commonwealth. Consequently, the statutory liens provisions in the Regulations are repealed.
The remaining regulations empower the Commonwealth to recover the cost of services which it provides at Commonwealth aerodromes and at specified aerodromes where Commonwealth financial assistance is provided.
Detailed notes on the proposed regulations are attached.
The amended regulations are effective from 1 July 1988.
ATTACHMENT
AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT)
Commencement:
Regulation 1 provides for these regulations to commence on 1 July 1988.
Principal Regulations
Regulation 2 defines the “Principal Regulations” as the Air Navigation (Charges) Regulations.
Interpretation
Regulation 3 repeals Regulation 2 of the Principal Regulations and inserts new interpretation provisions, which include terms appearing in the Civil Aviation Act 1988 and Civil Aviation Regulations, and a definition of high-capacity aircraft.
Charges not payable at Federal airports
Regulation 4 amends Regulation 2AA of the Principal Regulations by removing the reference to aircraft which are not Avtur aircraft (an Avtur aircraft is an aircraft powered by an engine or engines using aviation turbine kerosene). The Principal Regulation is confined to a statement which excludes Federal airports from the ambit of the charges.
Repeal
Regulation 5 repeals Principal Regulation 2A, which refers to remission and refund of penalty in relation to an annual charge. An annual charge is not payable under these regulations.
Regulation 6 repeals Principal Regulations 3 to 11 inclusive, which deal with matters in respect of statutory liens. The power to impose statutory liens is included in the Civil Aviation Act 1988 and will be administered by the Civil Aviation Authority.
Landing Charges
Regulation 7 repeals Principal Regulation 12, inserts a new regulation confining the applicability of charges to the use of aerodrome facilities by Avtur aircraft, and amends the rate applying to each 1000 kilogrammes of aircraft weight and the minimum charge per landing. The new regulation omits the reference to landings during circuit training previously appearing as subregulation 12(7A) of the Principal Regulations.
Additional Landing Charges
Regulation 8 amends Principal Regulation 12A by removing references to “airline licence” and inserting “air operator’s certificate.” The prescribed period for which an additional landing charge is payable in respect of aircraft weighing more than 45000 kilogrammes, has been extended to 30 June 1989. The amendment has the effect of extending for a further twelve months the additional charge of 15% of the amount of the landing charge payable under Principal Regulation 12, in respect of landings by these particular aircraft.
Landing Charges - By Whom Payable
Regulation 9 repeals Principal Regulations 13 and 15 and substitutes a new regulation 13 which defines the persons responsible for payment of landing charges. Charges will be payable by Australian and foreign aircraft for landings at Commonwealth aerodromes. Where international charter and domestic and international regular public transport operations are involved, the holder of the Air Operator’s Certificate authorising these operations is liable for the charge. In the case of any other operations engaged in by Australian aircraft the holder of the certificate of registration is liable for the charge, and in the case of any other operations by foreign aircraft, the owner of the aircraft is liable.
Special Arrangements for Use of Aerodromes
Regulation 10 amends Principal Regulation 16, which provides for special arrangements for use of aerodrome facilities and services, by limiting the scope of the arrangements to aerodrome facilities, not being air route or airway facilities, meteorological services or search and rescue services.
Repeal
Regulation 11 repeals Principal Regulations 17 and 18, which provide for the payment of en route charges for international flights, and Principal Regulation 19, which provides for an
international general aviation charge. En route charges will be levied by the Civil Aviation Authority and the international general aviation charge is no longer applicable.
Evidence
Regulation 12 amends Principal Regulation 21 by omitting reference to subregulation 12(8) and to subregulation 18(1), which are repealed by Regulation 11, and substitutes reference to subregulation 12(5).
Repeal
Regulation 13 repeals Principal Regulation 22 which covers the requirement that false or misleading statements not be made in relation to information provided to the Department. Under current arrangements some commuter operators are entitled to a subsidy in relation to specified regular public transport operations. The operator is required to advise the Department of the aircraft that are used for this purpose. This arrangement ceases on 30 June 1988, thereby making the retention of the Principal Regulation unnecessary.
Recovery of Charges
Regulation 14 amends Principal Regulation 23 by making charges due and payable on the first day of the month following the month in which liability for the charge is incurred.
Assignment of Liability
Regulation 15 amends Principal Regulation 24, substituting “an invoice issued by the Secretary or an authorised officer” for “the notice or demand”. This amendment reflects the fact that the day of payment of the charge to which the assignment of liability relates will appear on the invoice issued to cover that charge.
Repeal
Regulation 16 repeals Schedules 1, 3, 4 and 5 of the Principal Regulations as these schedules now relate to charges levied by the Civil Aviation Authority.