Air Services Regulations (Amendment) 1995 No. 278
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 278
Issued by the authority of the Minister for Transport
Air Services Act 1995
Air Services Regulations (Amendment)
Subsection 77(1) of the Air Services Act 1995 (the Act) empowers the Govern or-General to make regulations prescribing matters required or permitted under the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act establishes Airservices Australia (AA) as a government business enterprise to provide Australia's national airways system. Under the Act, AA has the functions, inter alia, to provide air traffic, rescue and firefighting, search and rescue and aeronautical services to the aviation industry.
Paragraph 8(1)(e) of the Act provides that AA's functions extend to any functions prescribed by regulations in relation to the effects of, and effects associated with, the operation of Commonwealth jurisdiction aircraft.
The purpose of the proposed Regulations is to prescribe an additional function to AA, which will be to give effect to any agreement AA enters into under section 17 of the Aircraft Noise Levy Collection Act 1995, for the receipt and custody of levy and late-payment penalty under the Aircraft Noise Levy Collection Act 1995 and the Aircraft Noise Levy Act 1995.
The Air Services Regulations (Amendment) provide as follows
Regulation 1
The proposed Regulations commenced on 1 October 1995, the same day that regulations made under the Aircraft Noise Levy Act 1995 and the Aircraft Noise Levy Collection Act 1995 commence.
Regulation 2
This is a technical amendment providing that the Air Services Regulations (the Regulations) are amended as set out in these regulations.
Regulation 3
This regulation amends regulation 5.01 of the Regulations, which specifies the purpose of Part 5 of the Regulations, by including a reference to the collection of certain levies as an additional function of AA.
Regulation 4
This regulation provides that
• AA may enter into an agreement under section 17 of the Aircraft Noise Levy Collection Act 1995 for the receipt or custody on behalf of the Commonwealth of levy and late payment penalty under the Aircraft Noise Levy Act 1995, and
• it is a function of AA to give effect to any such agreement entered into by AA.
Overview
The Air Services Regulations (Amendment) 1995 No. 278 were introduced to address a specific gap in the legislative framework concerning the collection of levies under the Aircraft Noise Levy Act 1995 and the Aircraft Noise Levy Collection Act 1995. This regulation, issued under the authority of the Minister for Transport, amends the Air Services Regulations 1995 to expand the functions of Airservices Australia (AA) to include the receipt and custody of levy and late-payment penalties as per the Aircraft Noise Levy Collection Act 1995. This amendment aligns with the overarching objective of the Air Services Act 1995, which seeks to establish AA as a government business enterprise providing Australia's national airways system, by enhancing its administrative capabilities to encompass additional regulatory responsibilities. The policy objective here is to streamline the administrative functions related to aircraft noise levies, ensuring they are managed efficiently within the existing framework of Australia's national aviation services.
Scope and Application
The Air Services Regulations (Amendment) 1995 No. 278, issued under the authority of the Minister for Transport, amends the Air Services Regulations to align with the legislative framework established by the Air Services Act 1995 and the Aircraft Noise Levy Collection Act 1995. This amendment applies to Airservices Australia (AA), a government business enterprise responsible for providing Australia's national airways system. The regulation extends AA's functions to include the receipt and custody of levies and late-payment penalties under the Aircraft Noise Levy Collection Act 1995 and the Aircraft Noise Levy Act 1995. This amendment is necessary for AA to effectively implement agreements entered into under section 17 of the Aircraft Noise Levy Collection Act 1995, thereby facilitating the administration of aircraft noise levies and penalties. The amendments commenced on 1 October 1995, the same day the regulations under the Aircraft Noise Levy Act 1995 and the Aircraft Noise Levy Collection Act 1995 came into effect, ensuring a cohesive implementation across related legislation.
Key Provisions
The primary operative sections of these Regulations provide for the amendment of the Air Services Regulations to include a new function for Airservices Australia (AA). Specifically, Regulation 3 amends regulation 5.01 to include the collection of certain levies as an additional function of AA. Regulation 4 further clarifies that AA may enter into agreements under the Aircraft Noise Levy Collection Act 1995 for the receipt and custody of levies and late payment penalties, and it is a function of AA to give effect to any such agreements. These provisions are designed to integrate the collection of aircraft noise levies and penalties into the operational functions of AA, thereby streamlining the process and ensuring consistency in the administration of these levies.
The obligations and requirements imposed by these Regulations are primarily directed towards AA. The key obligation is that AA must enter into agreements under the Aircraft Noise Levy Collection Act 1995 for the receipt and custody of levies and late payment penalties on behalf of the Commonwealth. Once such agreements are entered into, it becomes a function of AA to give effect to these agreements. This includes implementing the necessary processes and systems to collect and manage the levies and penalties as per the terms of the agreements. Additionally, AA is required to comply with any other relevant legislation and regulations governing the collection and administration of these levies.
Breach of the obligations and requirements set out in these Regulations may lead to civil or criminal consequences, although specific offences and penalties are not detailed within the text provided. However, under the broader framework of the Air Services Act 1995 and related legislation, breaches could potentially result in enforcement actions, fines, or other legal penalties. The exact consequences would depend on the specific nature of the breach and the provisions of the relevant Acts and Regulations. The maximum penalties for such breaches would be determined in accordance with the applicable legislation, which may include administrative penalties for non-compliance and more severe penalties for criminal offences.