EXPLANATORY STATEMENT

Select Legislative Instrument No.     , 2018

Issued by the authority of the Minister for Infrastructure and Transport

Aviation Fuel Revenues (Special Appropriation) Act 1988

Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018

The Aviation Fuel Revenues (Special Appropriation) Act 1988 (the Act) provides for the appropriation of certain aviation fuel revenues to Airservices Australia (Airservices) or the Civil Aviation Safety Authority (CASA).

Subsection 3A(2) provides that the Minister may make a written determination fixing a rate for the purposes of paragraph (d) of the definition of statutory rate in section 3.  The statutory rate means the amount of aviation fuel revenue paid to the Commonwealth.

Subsection 4(1A) provides that the respective shares of Airservices and CASA, of a payment under subsection (1), are to be determined by the Minister.

The Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018 (the Determination) repeals the instrument Determination under Subsection 3A(2) Setting the Statutory Rate, Determination under Subsection 4(1A) Setting the Respective Share of the Civil Aviation Safety Authority’s (CASA’s) Payment (Instrument Number MAVN 27/2003) made on 29 June 2003, which has been superseded by the instrument Determination under section 3A(2) Setting the Statutory Rate, Determination under section 4(1A) Setting the Respective Share of the Civil Aviation Safety Authority’s (CASA’s) Payment (Instrument Number MAVN 01/2010) made on 24 June 2010.

An administrative oversight has allowed both the 2003 and 2010 Determinations to remain on the statute book, in that the 2003 Fuel Determination was not repealed at the time of making the 2010 Fuel Determination. The 2003 Determination is being repealed as it is inoperative and should be removed from the statute book.

Consultation

The Instruments Handbook states that a legislative instrument does not require consultation if it is of a minor or machinery nature and does not alter existing arrangements. Industry consultation is not necessary for this instrument as it is purely mechanical and administrative.

Regulation Impact Statement

The Office of Best Practice Regulation has been consulted, and advised that a Regulation Impact Statement is not required (OBPR ID: 23068).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment A.

The Determination is a legislative instrument for the purposes of the Legislation Act 2003. Details of the Determination are set out in Attachment B.

The provisions of the Determination commence the day after date of registration.

ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The purpose of the Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018 is to repeal an inoperative Determination setting the rate of appropriation of aviation fuel revenues and respective share of the Civil Aviation Safety Authority’s (CASA) payment as set under certain provisions of the Aviation Fuel Revenues (Special Appropriation) Act 1988 (the Act).

There are currently two Determinations relating to Subsection 3A(2) and 4(1A) of the Act, registered as legislative instruments on the Federal Register of Legislation:

• F2009B00240, setting the rate and share from 1 July 2003, and
• F2010L01823, setting the rate and share from 1 July 2010.

However, the 2003 Fuel Excise Determination ceased to have effect from the commencement of the 2010 Fuel Excise Determination and is inoperative. An instrument to repeal the Determination is required to remove it from the statute book.

Human rights implications

This Legislative Instrument is purely mechanical and administrative and does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not engage any human rights issues.

NOTES ON SECTIONS             ATTACHMENT B

Section 1 Name of instrument

This section provides for the instrument to be named as the Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018. The instrument may be cited by that name.

Section 2  Commencement

This section provides for the regulation to commence on the day after it is registered on the Federal Register of Legislation.

Section 3 Authority

This section provides that the instrument is made under the Aviation Fuel Revenues (Special Appropriation) Act 1988.

Section 4 Repeal

This section provides that the Determination under Subsection 3A(2) Setting the Statutory Rate, Determination under Subsection 4(1A) Setting the Respective Share of the Civil Aviation Safety Authority’s (CASA’s) Payment (Instrument Number MAVN 27/2003) made on 29 June 2003 is repealed.