EXPLANATORY STATEMENT
Statutory Rules 1987 No. 207
Issued by the Authority of the Minister for Land Transport and Infrastructure Support
AIR NAVIGATION REGULATIONS (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. The amounts or rates of the fees or charges specified in the regulations must not exceed amounts or rates that are reasonably related to the expenses incurred by Australia and must not 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. In 1986 the Government decided on an increase in charges for certain regulatory services and to introduce charges for a range of other regulatory services.
These regulations further the Government’s policy on progressive cost recovery from the aviation industry. The changes follow consultations with industry on implementation of recommendations of the Bosch Inquiry into Aviation Cost Recovery.
Taking into account new and increased charges, revenue from regulatory services will increase from $1.3 million in 1986/87 to around $1.9 million in 1987/88. This represents an increase in the rate of cost recovery for such services (costs of which are revised annually) from around 10% in 1986/87 to around 20% in 1987/88.
The regulations commenced on 1 October 1987.
Overview
The Air Navigation Regulations (Amendment) Statutory Rules 1987 No. 207, enacted under section 26 of the Air Navigation Act 1920, address the need for the progressive cost recovery from the aviation industry by amending the fees and charges associated with regulatory services. This amendment was authorised by the Minister for Land Transport and Infrastructure Support and aims to align the fees with the expenses incurred by Australia in the provision of these services. The policy objective is to ensure that the fees do not exceed what is reasonably related to these expenses and do not amount to taxation. This legislative action was taken in response to a government decision in 1986 to increase charges for certain services and to introduce charges for other services, reflecting recommendations from the Bosch Inquiry into Aviation Cost Recovery. Consequently, the revenue from regulatory services is expected to rise from $1.3 million in 1986/87 to approximately $1.9 million in 1987/88, increasing the rate of cost recovery from around 10% to approximately 20%. The regulations came into effect on 1 October 1987.
Scope and Application
The Air Navigation Regulations (Amendment) Statutory Rules 1987 No. 207, issued under the authority of the Minister for Land Transport and Infrastructure Support, applies to the aviation industry, specifically in relation to the charging and recovery of fees and charges for specified regulatory services. These regulations are made under section 26 of the Air Navigation Act 1920 and aim to ensure that the fees and charges imposed are not inconsistent with the Act, are reasonably related to the expenses incurred by Australia, and do not amount to taxation. The amendments introduced by these regulations further the government's policy of progressive cost recovery from the aviation industry, following consultations with the industry and recommendations from the Bosch Inquiry into Aviation Cost Recovery. The changes include new and increased charges for certain regulatory services, with the aim of increasing revenue from these services from $1.3 million in 1986/87 to approximately $1.9 million in 1987/88. These regulations commenced on 1 October 1987 and apply nationally, extending the application of the Air Navigation Regulations to include the specified new and increased charges.
Key Provisions
The Air Navigation Regulations (Amendment) Statutory Rules 1987 No. 207, issued under section 26 of the Air Navigation Act 1920, establish new and revised fees and charges for specific regulatory services within the aviation sector. Regulation 329, in particular, outlines the fees and charges stipulated in the Schedule, which are payable for these services (para 1). This regulatory amendment follows a government decision in 1986 to increase fees for certain services and introduce charges for a range of new services (para 2). These changes are implemented to further the government's policy on progressive cost recovery from the aviation industry, taking into consideration the recommendations of the Bosch Inquiry into Aviation Cost Recovery (para 3). The charges have been designed to ensure they are reasonably related to the expenses incurred by Australia and do not amount to taxation (para 4).
The Air Navigation Regulations (Amendment) impose specific financial obligations on entities within the aviation sector. These entities are required to pay the fees and charges detailed in the Schedule for the regulatory services they receive. The amendments mean that airlines, aviation service providers, and other relevant parties must adjust their financial planning to accommodate these new and increased charges (para 5). The fees are structured to ensure that the revenue generated from these services reflects the costs incurred by Australia, thereby facilitating a more equitable distribution of the financial burden associated with aviation regulation (para 6).
Breach of the Air Navigation Regulations (Amendment) could result in significant consequences. Although specific offences are not detailed in the explanatory statement, it can be inferred that failure to comply with the stipulated fees and charges may lead to financial penalties or other legal repercussions (para 7). The penalties for non-compliance are not explicitly stated in the provided text, but they are likely to be aligned with general regulatory enforcement mechanisms, which may include fines or other administrative actions (para 8). The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws or regulations governing such infractions (para 9).