EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 208
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION REGULATION (AMENDMENT)
Under section 26 of the Air Navigation Act 1920 the Governor-General may make regulations not inconsistent with the Act for or in relation to the charging and recovery of fees and other charges in respect of matters specified in the regulations, being matters in relation to which expenses are incurred by Australia under the Act or under the regulations, but not being fees or charges the amounts or rates of which exceed amounts or rates that are reasonably related to the expenses incurred by Australia in relation to the matters in respect of which the fees or charges are payable or that otherwise amount to taxation.
Regulation 329 of the Air Navigation Regulations provides that the fees and charges specified in the Schedule to the Regulations are payable in respect of specified regulatory services.
These services relate to authorizations and approvals of aircraft types, issue of certificates of registration, granting of certificates of approval, issue and renewal of licences and certain exemptions and approvals.
The regulations which are expressed to take effect from 1 September 1984 amend the Schedule to the Regulations to increase fees and charges on the basis of a CPI movement of
36.57% between August 1980 and June 1984. Item 15 and all subsequent items of the Schedule are affected. There is no increase in the fees and charges in respect of items 2-9 which relate to personal licences and examinations for such licences.
The opportunity has been taken to delete a number of items from the Schedule. Items 4, 4A, 4B and 4C were included by Statutory Rules No 77 of 1981 to impose a once only renewal fee in respect of certain licences in existence at 1 May 1981. As the maximum period of any licence is 2 years, those items are now spent.
Overview
The Air Navigation Regulation (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Aviation, were enacted to amend the Air Navigation Regulations and adjust fees and charges for specified regulatory services related to aircraft type authorisations, approvals, certificates, and licences. This amendment responds to a significant increase in the Consumer Price Index (CPI) from August 1980 to June 1984, necessitating adjustments to fees to maintain their reasonable relation to incurred expenses. The regulations, effective from 1 September 1984, also remove certain outdated fees that pertained to licence renewals existing as of 1 May 1981, as these licences have now expired.
The policy objective of this regulatory amendment is to ensure that the fees and charges levied remain proportionate to the costs incurred by Australia in providing these regulatory services, while avoiding excessive fees that could be considered as taxation. By adjusting the fees in line with the CPI movement and removing obsolete items, the regulations aim to maintain an efficient and fair system for fee collection under the Air Navigation Act 1920.
Scope and Application
The Air Navigation Regulation (Amendment) Statutory Rules 1984 No. 208 applies to the fees and charges associated with various regulatory services related to aviation within Australia. These services include the authorisation and approval of aircraft types, the issue and renewal of certificates of registration and licences, and certain exemptions and approvals. The regulation, issued under section 26 of the Air Navigation Act 1920, pertains to the charging and recovery of fees for these specified services, ensuring that the fees do not exceed the expenses incurred by Australia in providing these services and do not amount to taxation. The amendments to the Air Navigation Regulations, which took effect from 1 September 1984, adjust the fees and charges to reflect a Consumer Price Index (CPI) movement of 36.57% from August 1980 to June 1984, affecting items 15 and subsequent items in the Schedule. Notably, items 2 to 9, relating to personal licences and examinations, remain unchanged. Additionally, certain spent items, such as the once-only renewal fee for specific licences, have been removed from the Schedule. This amendment ensures that the regulatory framework remains current and reflective of economic changes while maintaining fairness and efficiency in the aviation regulatory system.
Key Provisions
The main operative sections of this statutory rule pertain to the amendments made to the Air Navigation Regulations, particularly concerning fees and charges for regulatory services. Section 329 of the Air Navigation Regulations, as amended, specifies the fees and charges applicable to certain regulatory services such as the authorisation and approval of aircraft types, issue of certificates of registration, and granting of certificates of approval. The amendments, which take effect from 1 September 1984, adjust these fees and charges based on a Consumer Price Index (CPI) movement of 36.57% between August 1980 and June 1984. Notably, the fees for personal licences and examinations remain unchanged. Furthermore, certain once-only renewal fees related to specific licences, as outlined in items 4, 4A, 4B, and 4C, have been removed from the schedule as these licences have a maximum duration of two years.
The obligations imposed by these amendments on the parties involved, particularly those seeking regulatory services under the Air Navigation Regulations, include the payment of updated fees and charges as per the amended schedule. For example, entities seeking authorisations and approvals for aircraft types must now account for the increased fees, as detailed in the updated Schedule. Furthermore, applicants for certificates of registration or those requiring the issue and renewal of licences must ensure compliance with the new fee structure. It is also important to note that certain previously applicable fees, such as those related to items 4, 4A, 4B, and 4C, are no longer applicable as these specific licence renewals have expired.
Failure to comply with the updated fee requirements as outlined in the amended regulations may result in certain consequences. Although the statutory rules do not explicitly outline penalties for non-compliance, it can be inferred that breaches of the specified fees and charges could lead to legal ramifications. This may include administrative actions taken by the relevant authorities, such as the refusal to process applications or the imposition of additional fines or fees. Additionally, continued non-compliance could potentially result in more severe consequences, such as legal proceedings or penalties under the Air Navigation Act 1920. It is essential for all parties to adhere to the updated fee structure to avoid any potential legal or financial repercussions.