EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 203
Issued by the Authority of the Minister for Aviation
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. The amount or rate of the charge prescribed for any matter must be reasonably related to the expenses incurred by the Government in relation to that matter and must not amount to taxation.
Regulation 329 of the Air Navigation Regulations (the 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 1985 amend the Schedule to the Regulations to increase fees and charges on the basis of a CPI movement of 6.5% between August 1984 and July 1985. Item 15 and all subsequent items of the Schedule are affected. There is no increase in fees and charges in respect of items 2-9 which relate to personal licences and examinations for such licences.
Overview
The Air Navigation Regulations (Amendment) Statutory Rules 1985 No. 203, issued under the authority of the Minister for Aviation, amends the Air Navigation Regulations to adjust fees and charges in line with a 6.5% Consumer Price Index (CPI) movement from August 1984 to July 1985. The amendment was enacted to ensure that the fees and charges prescribed for specified regulatory services, such as authorizations and approvals of aircraft types, certificates of registration, and licences, remain reasonably related to the expenses incurred by the government without amounting to taxation. This update maintains the integrity of the regulatory framework while accommodating economic changes. The amendments took effect from 1 September 1985, excluding certain items related to personal licences and examinations from the fee increase.
Scope and Application
The Air Navigation Regulations (Amendment) Statutory Rules 1985 No. 203, issued under Section 26 of the Air Navigation Act 1920, pertain to the charging and recovery of fees and charges for specified regulatory services relating to aviation. These services include the authorisations and approvals of aircraft types, the issuance of certificates of registration, the granting of certificates of approval, the issue and renewal of licences, and certain exemptions and approvals. The regulations apply to all entities and individuals involved in activities that require oversight and certification by the Australian Government in relation to aviation. The amendments to the Schedule, which took effect from 1 September 1985, adjust the fees and charges based on a Consumer Price Index movement of 6.5% between August 1984 and July 1985. Notably, there is no increase in fees for personal licences and examinations for such licences, as specified in items 2-9 of the Schedule. The regulations are applicable nationally and are subject to the overarching framework of the Air Navigation Act 1920, which ensures the fees and charges do not amount to taxation.
Key Provisions
The Air Navigation Regulations (Amendment) Statutory Rules 1985 No. 203, issued under Section 26 of the Air Navigation Act 1920, detail changes to fees and charges associated with specified regulatory services related to aviation. These services include authorizations and approvals of aircraft types, issue of certificates of registration, granting of certificates of approval, and the issue and renewal of licences, among other things (Regulation 329). The amendments, effective from 1 September 1985, increase the fees and charges in line with a Consumer Price Index (CPI) movement of 6.5% between August 1984 and July 1985. However, there is no increase in fees and charges for personal licences and examinations for such licences, specifically items 2-9 of the Schedule to the Regulations.
The obligations and requirements imposed by these amendments primarily concern entities and individuals involved in aviation regulatory services. They must adhere to the updated fees and charges as specified in the amended Schedule to the Regulations. This means that when seeking authorisations, approvals, certificates, or licences, applicants must pay the fees as updated to reflect the CPI increase. This adjustment ensures that the fees and charges remain reasonably related to the expenses incurred by the government and do not constitute taxation. The requirement is clear that the new fees should be applied from the date of effect, 1 September 1985, and must be adhered to in all transactions related to the specified services.
Failure to comply with the updated fees and charges could result in various consequences. The regulations do not explicitly state offences or penalties for non-compliance; however, under the broader framework of the Air Navigation Act 1920 and related regulations, non-compliance could potentially lead to administrative actions, fines, or other legal consequences. The precise penalties would depend on the specific nature and extent of the breach, but the overarching principle is that adherence to the prescribed fees is mandatory to ensure the regulatory framework operates effectively and fairly.