Civil Aviation (Unmanned Aircraft Levy) Act 2020

Overview

The Civil Aviation (Unmanned Aircraft Levy) Act 2020 was enacted by the Parliament of Australia to address the growing presence of unmanned aircraft (drones) in the national airspace. The Act was designed to impose a levy on the registration and operation of remotely piloted aircraft (RPA) and model aircraft, generating revenue that can be used for the administration of the civil aviation system. The Act came into effect on 18 December 2020, binding the Crown in all its capacities and excluding any tax on the property of a state as defined in section 114 of the Constitution. The policy objective of the Act is to facilitate the safe and efficient integration of unmanned aircraft into the Australian airspace, ensuring that the costs associated with their regulation and oversight are met through the levy system. Regulations under the Act will specify the amount of the levy, which must not exceed $300 and may be a nil amount.

Scope and Application

The Civil Aviation (Unmanned Aircraft Levy) Act 2020 applies to individuals and entities involved in the registration and operation of unmanned aircraft within Australia. Specifically, the Act imposes a levy on applicants seeking registration of remotely piloted aircraft (RPA) or model aircraft under the Civil Aviation Safety Regulations 1998, as well as on those applying for permission to operate or conduct operations using such aircraft registered under a foreign country's law. The levy is a financial charge associated with these applications and its amount is prescribed by regulations, which must not exceed $300 and may include a nil amount. The Act's jurisdiction covers the Commonwealth of Australia, and it expressly excludes imposing any levy on property belonging to a state, as defined under section 114 of the Constitution, which includes references to the Australian Capital Territory and the Northern Territory. The application and details of the levy can be further defined or modified through regulations made under the Act by the Governor-General.

Key Provisions

The Civil Aviation (Unmanned Aircraft Levy) Act 2020 (sections 5 and 6) imposes a levy on applications for the registration of unmanned aircraft (RPA or model aircraft) and on applications for permission to operate or conduct operations using these aircraft. The specific amount of this levy is prescribed by regulations, with the maximum allowable amount being $300, and it may be set at zero. This levy is applicable when an individual or entity applies for registration or permission under the Civil Aviation Safety Regulations 1998 or the Part 101 Manual of Standards. Importantly, this Act does not impose the levy on property belonging to any state, as clarified in section 7. The obligations under this Act primarily concern those applying for the registration or operation permissions of unmanned aircraft. These applicants must ensure they comply with the specified levy, which is determined by the regulations. The regulations will detail the precise amount of the levy, and applicants must make the payment as required. The Act also mandates that the levy does not extend to any property owned by a state, providing clarity on its scope and application. Breach of the provisions of this Act can result in various consequences. While the Act itself does not detail specific penalties, the regulations made under it may prescribe penalties for non-compliance. These penalties could include fines or other administrative actions, though the exact nature and severity of these consequences would be defined within the regulations. It is crucial for applicants to adhere to the requirements set out in the Act and any subsequent regulations to avoid potential penalties.