2019‑2020

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020

No.      , 2020

(Infrastructure, Transport, Regional Development and Communications)

A Bill for an Act to amend the Civil Aviation Act 1988, and for related purposes

Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Civil Aviation Act 1988                                                                                              3

A Bill for an Act to amend the Civil Aviation Act 1988, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Civil Aviation Act 1988

1  Section 3

Insert:

unmanned aircraft levy means the levy imposed by the Civil Aviation (Unmanned Aircraft Levy) Act 2020.

2  After section 46

Insert:

46A  Payment of amounts of levy to CASA

             (1)  The Commonwealth must pay to CASA amounts equal to amounts of unmanned aircraft levy received by CASA on behalf of the Commonwealth.

             (2)  If an amount of the levy is refunded, CASA must pay to the Commonwealth an amount equal to the refund.

             (3)  The Minister may, on behalf of the Commonwealth, set off an amount payable by CASA under subsection (2) against an amount that is payable to CASA under subsection (1).

             (4)  Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

3  After section 95A

Insert:

95B  Delegation by Minister

             (1)  The Minister may, in writing, delegate the Minister’s power under subsection 46A(3) to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

Note:          Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

             (2)  In exercising a power under the delegation, the delegate must comply with any written directions of the Minister.

4  At the end of subsection 98(3)

Add:

                  ; (w)  the circumstances in which unmanned aircraft levy is payable and the collection of unmanned aircraft levy.