EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 276
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.
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 amendment rewords sub-regulation 329(2) to omit a requirement that the Secretary refuse to grant, issue or renew a licence, certificate or other document mentioned until the specified fee or charge is paid. This is because legal advice indicates that payment by cheque might not be effected, for the purposes of such a provision, until the cheque is cleared.