AIR NAVIGATION (CHARGES).

No. 78 of 1962.

An Act to amend the Air Navigation (Charges) Act 1952-1960.

[Assented to 11th December, 1962.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the Air Navigation (Charges) Act 1962.

(2.)  The Air Navigation (Charges) Act 1952-1960 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Air Navigation (Charges) Act 1952-1962.

Commencement.

2.  This Act shall come into operation on the day after the day on which it receives the Royal Assent.

First Schedule—para. 7.

3.  The First Schedule to the Principal Act is amended by omitting sub-paragraph (1.) of paragraph 7 and inserting in its stead the following sub-paragraph:—

“(1.)  The unit charge for an aircraft is—

(a) where the weight of the aircraft does not exceed 25,000 pounds—an amount calculated at the rate of 4.95 pence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft;

(b) where the weight of the aircraft exceeds 25,000 pounds but does not exceed 50,000 pounds—an amount calculated at the rate of 7.7 pence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft;

(c) where the weight of the aircraft exceeds 50,000 pounds but does not exceed 100,000 pounds—an amount calculated at the rate of 9.9 pence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft; and

(d) in any other case—an amount calculated at the rate of 11.55 pence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft.”.

First Schedule—Table.

4.  The Table of Flights set out in the First Schedule to the Principal Act is amended as set out in the Schedule to this Act.

Second Schedule.

5.  The Second Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—

“SECOND SCHEDULE.                                      Section 5.

“1.   Charges are payable, in accordance with this Schedule, by the registered owners of aircraft registered under the Air Navigation Regulations, not being persons who are the holders of airline licences (including international airline licences), under those Regulations.

“2.   A charge under this Schedule becomes payable in relation to an aircraft—

(a) on the day on which the registration of the aircraft is effected; and

(b) on the day immediately following the expiration of the period of one year that commenced on that day, and on the day immediately following the expiration of each succeeding period of one year during the continuance of the registration of the aircraft (other than the last such year),

and each charge under this Schedule is payable in respect of the period of one year commencing on the day on which the charge becomes payable.

“3.   The amount of a charge payable under this Schedule is—

(a) in respect of a private aircraft, as denned by the Air Navigation Regulations— six times the amount ascertained by multiplying the unit charge for that aircraft by fifty-two;

(b) in respect of an aerial work aircraft, as so defined—twelve times the amount ascertained by multiplying the unit charge for that aircraft by fifty-two; and

(c) in respect of a charter aircraft, as so defined—eighteen times the amount ascertained by multiplying the unit charge for that aircraft by fifty-two.

“4.   For the purposes of this Schedule—

(a) an aircraft which is not an aircraft of any of the classes specified in clauses (a), (b) and (c) of the last preceding paragraph shall be deemed to be a private aircraft, as defined by the Air Navigation Regulations; and

(b) the unit charge for an aircraft is the unit charge referred to in paragraph 7 of the First Schedule to this Act.

“5.   Where an aircraft—

(a) is, during the period in respect of which a charge has been paid under this Schedule in respect of the aircraft, operated in regular public transport operations otherwise than by the holder of an airline licence (including an international airline licence); or

(b) is, during the period in respect of which a charge has been paid under this Schedule in respect of the aircraft, operated by the holder of an airline licence (including an international airline licence),

there shall be refunded an amount ascertained in accordance with the formula—

where—

A is the amount of the refund;

B is the number of days in the period of operation of the aircraft as specified in clause (a) or (b) of this paragraph, as the case may be; and

C is the amount of the charge so paid under this Schedule in respect of the aircraft.

“6.   Where, in relation to a private aircraft, a charge has been paid under this Schedule in respect of a period and, during that period, the aircraft engages in aerial work operations or charter operations, as defined by the Air Navigation Regulations, an additional charge is payable equal to the amount by which the charge so paid is less than the charge that would have been payable if the aircraft had been an aerial work aircraft or charter aircraft, as the case may be, at the commencement of the period.

“7.   Where an aircraft in relation to which an additional charge has become payable under the last preceding paragraph by reason of the engagement of the aircraft in aerial work operations, as defined by the Air Navigation Regulations, engages, during the period in respect of which a charge has been paid, in charter operations, as so defined, a further additional charge is payable equal to the amount by which the aggregate of the charge and the additional charge paid is less than the charge that would have been payable if the aircraft had been a charter aircraft at the commencement of the period.

“8.   Where, in relation to an aerial work aircraft, a charge has been paid under this Schedule in respect of a period and, during that period, the aircraft engages in charter operations, as defined by the Air Navigation Regulations, an additional charge is payable equal to the amount by which the charge so paid is less than the charge that would have been payable if the aircraft had been a charter aircraft at the commencement of the period.

“9.—(1.)  The Minister, the Director-General of Civil Aviation or an officer of the Second Division of the Public Service of the Commonwealth authorized by the Director-General to act under this sub-paragraph may authorize such remission or refund of the whole or any part of a charge or additional charge (including a further additional charge) payable or paid under this Schedule in respect of an aircraft as he thinks just having regard to the nature, locality or extent of the operations of the aircraft.

“(2.)   A remission under this paragraph may be granted subject to such conditions with respect to the operation of the aircraft as the person authorizing the remission thinks fit and, if any such condition is not complied with, the remission shall be deemed not to have had effect.

“10.—(1.)   Charges and additional charges (including further additional charges) under this Schedule are debts due to the Commonwealth.

“(2.)   Additional charges (including further additional charges) under this Schedule are payable upon the aircraft first engaging in the operations by virtue of the engagement in which the additional charge (or further additional charge) becomes payable.”.

Third Schedule—para. 3.

6.   The Third Schedule to the Principal Act is amended by omitting sub-paragraph (1.) of paragraph 3 and inserting in its stead the following sub-paragraph:—

“(1.)   The amount of the charge payable under this Schedule is—

(a) in respect of a private aircraft, as defined by the Air Navigation Regulations— six times the unit charge for that aircraft in respect of each week or part of a week comprised in the period from the date on which the aircraft entered Australia until the date of the departure of the aircraft from Australia;

(b) in respect of an aerial work aircraft, as so denned—twelve times the unit charge for that aircraft in respect of each week or part of a week comprised in the period from the date on which the aircraft entered Australia until the date of the departure of the aircraft from Australia; and

(c) in respect of a charter aircraft, as so defined—eighteen times the unit charge for that aircraft in respect of each week or part of a week comprised in the period from the date on which the aircraft entered Australia until the date of the departure of the aircraft from Australia.”.

Third Schedule—para. 6.

7.   The Third Schedule to the Principal Act is amended—

(a) by inserting in sub-paragraph (1.) of paragraph 6, after the words “Civil Aviation”, the words “or an officer of the Second Division of the Public Service of the Commonwealth authorized by the Director-General to act under this sub-paragraph”; and

(b) by omitting from sub-paragraph (2.) of that paragraph the words “the Minister or the Director-General of Civil Aviation” and inserting in their stead the words “the person authorizing the remission”.

Application of amendments.

8.—(1.)   The amendments made by the provisions of this Act other than section five apply in the case of a charge payable—

(a) in respect of a flight between places in Australia that is completed on or after the date of commencement of this Act;

(b) in respect of the landing or take-off of an aircraft on or after that date; and

(c) by the owner of a foreign aircraft in respect of a week or part of a week commencing on or after that date.

(2.)  Where, at the commencement of this Act, an aircraft is registered under the Air Navigation Regulations—

(a) subject to paragraph (c) of this sub-section, the Second Schedule to the Principal Act as amended by this Act applies in respect of the aircraft during the continuance of that registration notwithstanding that the registration was effected before the commencement of this Act;

(b) so much of the charge imposed by the Second Schedule to the Principal Act as was required to be calculated by reference to any period in respect of which a charge may be payable in accordance with the las preceding paragraph shall be deemed not to have beer payable; and

(c) until the commencement of the first period referred to in the last preceding paragraph, the provisions of the Second Schedule to the Principal Act shall continue to apply in relation to the aircraft.

THE SCHEDULE.                                         Section 4.

AMENDMENTS OF THE TABLE OF FLIGHTS IN THE FIRST SCHEDULB TO THE PRINCIPAL ACT.