EXPLANATORY STATEMENT
Minute No.54 of 1989 - Minister for Telecommunications and Aviation Support
Subject - Air Navigation (Charges) Act 1985
Air Navigation (Charges) Regulations (Amendment)
1989 No. 353
Subsection 6(1) 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 which are permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Air Navigation (Charges) Regulations provide a means for determining landing charges at Commonwealth aerodromes or other aerodromes in respect of which the Commonwealth provides financial assistance. The landing charges are based on the weight of aircraft. Possible meanings of the word “weight” include the maximum take-off weight of an aircraft, its actual take-off weight or its actual landing weight.
The purpose of the amending Regulations is to clarify the meaning of “weight”. This is achieved by:
(i) the insertion of a definition of “weight” in subregulation 2(1) to mean the maximum take-off weight as set out in the certificate of airworthiness of, or the flight manual for, the aircraft; and
(ii) changing the word “kilogrammes”, where appropriate, to “kilograms weight”.
The amending Regulations also make some drafting changes to:
(i) correct a drafting error in existing regulation 16 which resulted from 2 words being inserted in the wrong place; and
(ii) change reference to “kilogrammes” to “kilograms”.
The amending Regulations commenced on the date of their notification in the Gazette.