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

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L00174 Not in force Legislative Instrument

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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Aviation Safety Authority’s (CASA’s) Payment (Instrument Number MAVN 27/2003) made on 29 June 2003, which has been superseded by the instrument Determination under section 3A(2) Setting the Statutory Rate, Determination under section 4(1A) Setting the Respective Share of the Civil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both the 2003 and 2010 Determinations to remain on the statute book, in that the 2003 Fuel Determination was not repealed at the time of making the 2010 Fuel Determination. The 2003 Determination is being repealed as it is inoperative and should be removed from the statute book.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.

Overview

The Aviation Fuel Revenues (Special Appropriation) Act 1988 was enacted to address the need for the appropriation of certain aviation fuel revenues to Airservices Australia and the Civil Aviation Safety Authority. The Act provides the framework for the statutory rate of aviation fuel revenue paid to the Commonwealth and the respective shares of payments to Airservices Australia and the Civil Aviation Safety Authority. This legislation was enacted by the Australian Parliament to ensure a structured and transparent process for the allocation of aviation fuel revenues. The Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018 was issued by the authority of the Minister for Infrastructure and Transport to correct an administrative oversight where the 2003 Determination was not repealed when the 2010 Determination was made. The Repeal Determination aims to remove the inoperative 2003 Determination from the statute book, thereby tidying up the legislative framework and ensuring that only current and effective provisions are retained. This administrative action is intended to maintain the integrity and clarity of the legislative provisions governing aviation fuel revenues.

Scope and Application

The Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018 is a legislative instrument made under the Aviation Fuel Revenues (Special Appropriation) Act 1988, which is designed to address an administrative oversight by repealing a redundant and inoperative determination that was made in 2003. This Act applies to the appropriation of aviation fuel revenues to entities such as Airservices Australia and the Civil Aviation Safety Authority, setting out the statutory rates and respective shares for these payments. The repeal of the outdated 2003 Determination ensures that the statute book is kept current and accurate, reflecting the current legislative instruments that govern the appropriation process. The repeal determination does not affect the existing operational provisions or the ongoing allocation of aviation fuel revenues, but rather focuses on cleaning up the legislative framework. The repeal takes effect on the day after the instrument is registered on the Federal Register of Legislation, and no consultation or regulatory impact assessment was required due to the purely administrative nature of the change.

Key Provisions

The key provisions of the Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018 are primarily concerned with the repeal of an earlier legislative instrument that had been inadvertently left on the statute book. Section 1 of the Determination names the instrument and allows it to be cited as the Aviation Fuel Revenues (Special Appropriation) (Repeal) Determination 2018. Section 2 specifies that the Determination commences on the day after it is registered on the Federal Register of Legislation. Section 3 establishes that this instrument is made under the authority of the Aviation Fuel Revenues (Special Appropriation) Act 1988. The central focus of the Determination, detailed in Section 4, is the repeal of 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. This repeal is necessary to correct an administrative oversight that allowed an inoperative instrument to remain in effect. The Determination imposes specific obligations on the entities governed by the Act. Firstly, it mandates that the Minister must ensure the appropriate appropriation of aviation fuel revenues to Airservices Australia and the Civil Aviation Safety Authority in accordance with the provisions of the Act. The Minister is also required to make written determinations fixing the statutory rate and setting the respective shares of these payments, as stipulated in subsections 3A(2) and 4(1A) of the Act. These obligations are essential for maintaining the financial allocation processes related to aviation fuel revenues and ensuring that the statutory rates and shares are accurately and transparently set. In terms of the consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the Determination itself. However, non-compliance with the Act's requirements to appropriately appropriate aviation fuel revenues could potentially lead to financial mismanagement or legal disputes over the distribution of funds. The Determination’s purpose is administrative and corrective, aiming to remove an inoperative instrument rather than to enforce penalties. Therefore, while there are no stated penalties in this Determination, adherence to the Act’s requirements is crucial to avoid any legal ramifications that might arise from misappropriating aviation fuel revenues.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.