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1986 No. 169 AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT) - REG 5
5. After regulation 11 of the Principal Regulations the following regulations
are inserted: Landing charges
"12. (1) Subject to sub-regulation (2), this regulation applies in relation to
each landing of-
(a) an aircraft operated by the holder of-
(i) an airline licence (including an international airline
licence);
(ii) a cargo airline licence;
(iii) a supplementary airline licence;
(iv) a cargo supplementary airline licence; or
(v) a charter licence or cargo charter licence relating to a
service in relation to which exemption has been granted under
regulation 203 of the Air Navigation Regulations; and
(b) an Australian aircraft not referred to in paragraph (a), being an
aerial work aircraft or a charter aircraft weighing not less than
25,000 kilogrammes.
"(2) Landing charges are not payable in respect of a landing of an aircraft
operated under any licence referred to in sub-paragraph (1) (a) (iii), (iv) or
(v), or under any combination of such licences, except in the case where such
an aircraft-
(a) is designated in accordance with sub-regulation 13 (2); or
(b) is used, in respect of not less than 50% of all landings of the
aircraft during a continuous period of not less than 3 months, in
regular public transport operations.
"(3) Subject to this regulation, there is payable-
(a) in respect of an aircraft landing at an aerodrome of a kind referred
to in Column 2 of Item 1 or 2 in the table at the foot of this
sub-regulation-a charge calculated at the rate per 1,000 kilogrammes
specified in Column 3 of whichever of those items is applicable;
(b) in respect of an aircraft landing at an aerodrome referred to in
Column 2 of Item 3 in that table, in relation to the use by the
aircraft of the facilities described in that column of that item-a
charge calculated at the rate per 1,000 kilogrammes specified in
Column 3 of that item; and
(c) in respect of an aircraft landing at an aerodrome referred to in
Column 2 of Item 4 in that table, in relation to the service described
in that column of that item-a charge calculated at the rate per 1,000
kilogrammes specified in Column 3 of that item.
------------------------------------------------------------------------------
-- Column 1 Column 2 Column 3
Column 4 Item No. Aerodrome/
facility Rate per
1,000
kilogrammes Minimum charge
------------------------------------------------------------------------------
--
$
$ 1 Aerodrome maintained, operated or provided by
the Commonwealth .......................... 4.00
6.00 2 Aerodrome in respect of the maintenance or
operation of which financial assistance is
provided by the Commonwealth, not being an
aerodrome specified in Schedule 2 ......... 2.00
3.00 3 Terminal navigation facilities, being such
facilities relating to an aerodrome specified
in Schedule 3 ............................. 2.30
3.45 4 Fire Fighting and Rescue Service, being such
a service relating to an aerodrome specified
in Schedule 4 ............................. 1.50
2.25
------------------------------------------------------------------------------
--
"(4) Where, in relation to an aerodrome, or facilities or a service relating
to an aerodrome, referred to in Column 2 of an item in the table at the foot
of sub-regulation (3), the charge in respect of an aircraft, calculated in
accordance with paragraph (a), (b) or (c) of that sub-regulation, amounts to
less than the minimum charge specified in Column 4 of that item, the charge
payable is that minimum charge.
"(5) A charge specified in Item 3 of the table at the foot of sub-regulation
(3) is not payable in respect of an aircraft in relation to the use by the
aircraft of facilities relating to an aerodrome referred to in that item
unless, at the time of the landing of the aircraft, those facilities are
operating for use by aircraft.
"(6) A charge specified in Item 4 of the table at the foot of sub-regulation
(3) is not payable in respect of an aircraft in relation to a service relating
to an aerodrome referred to in that item unless, at the time of the landing of
the aircraft, that service is available for use by aircraft.
"(7) Where, in the course of a training flight by an aircraft, circuit
training is conducted, there is payable in respect of the use of the aerodrome
by the aircraft or the provision of facilities or a service relating to the
aerodrome for use by the aircraft, in relation to each approach of the
aircraft to a runway at the aerodrome to which that training relates, an
amount in respect of charges that is equal to 25% of the amount of charges
applicable, in accordance with this regulation, to each landing of the
aircraft.
"(8) For the purposes of establishing liability to landing charges referred to
in this regulation, a flight by an aircraft may be identified by documentation
that includes-
(a) a flight strip summary, being a document known by that description
issued by the Department for the purpose of enabling officers of the
Department to compile records of aircraft movements in relation to
aerodromes;
(b) messages extracted from the message switching system known as the
Aeronautical Fixed Telecommunication Network as referred to in Annex
10 to the Chicago Convention as in force at the commencement of these
Regulations; and
(c) the flight plan submitted to Air Traffic Control by the pilot in
command of the aircraft.
"(9) In this regulation-
(a) 'approach', in relation to circuit training, means a planned descent
by an aircraft on to, or to the immediate proximity of, a runway at an
aerodrome, whether or not the aircraft lands on, or touches, the
runway;
(b) 'circuit training', in relation to a training flight, means training
involving separate approaches by an aircraft to a runway at an
aerodrome;
(c) a reference to a training flight shall be read as a reference to a
flight made solely for or in connection with the training or testing
of a person as a member of the flight crew of an aircraft; and
(d) a reference to a charge calculated at a rate per 1,000 kilogrammes
specified in Column 3 of an item in the table at the foot of
sub-regulation (3) shall, in the case where the weight applicable in
relation to the charge includes any part of 1,000 kilogrammes, be
read, in respect of that part, as a charge calculated at that rate on
a pro rata basis. Payment of landing charges-Australian aircraft
"13. (1) Landing charges are payable in respect of each landing of an
Australian aircraft-
(a) operated by the holder of a licence referred to in paragraph 12 (1)
(a) (other than aircraft in respect of which, under sub-regulation 12
(2), landing charges are not payable)-by the holder of the licence;
(b) designated in accordance with sub-regulation (2) by the holder of-
(i) a supplementary airline licence;
(ii) a cargo supplementary airline licence; or
(iii) a charter licence or cargo charter licence relating to a
service in relation to which exemption has been granted under
regulation 203 of the Air Navigation Regulations,
to be used for regular public transport operations under the licence-by the
holder of the licence;
(c) used, during the validity of a licence referred to in sub-paragraph
(b) (i), (ii) or (iii), in respect of not less than 50% of the
landings of the aircraft during a continuous period of not less than 3
months, in regular public transport operations under the licence-by
the holder of the licence; and
(d) classified under regulation 192 of the Air Navigation Regulations as-
(i) an aerial work aircraft; or
(ii) a charter aircraft,
being in each case an aircraft weighing not less than 25,000 kilogrammes and
not referred to in paragraph (a), (b) or (c)-by the holder of the certificate
of registration in respect of the aircraft.
"(2) Where, in relation to an aircraft operated or to be operated under any
licence referred to in sub-paragraph (1) (b) (i), (ii) or (iii), or under any
combination of such licences the holder of the licence (or licences) expects
the aircraft to be used, in respect of not less than 50% of the landings of
the aircraft during a continuous period of not less than 3 months, in regular
public transport operations, the holder shall, by writing addressed to the
Secretary-
(a) designate the aircraft for that use;
(b) specify the registration mark and the make and model of the aircraft;
and
(c) state, in relation to the holder of the certificate of registration in
respect of the aircraft-
(i) if the holder is a natural person-the name and usual
residential address of the person; or
(ii) if the holder is a body corporate-the name, and the address of
the principal office, of the body corporate.
"(3) Where an aircraft operated under any licence referred to in sub-paragraph
(1) (b) (i), (ii) or (iii), or any combination of such licences-
(a) is used as referred to in sub-regulation (2); and
(b) the aircraft has not been designated by the holder of the licence for
such use in accordance with that sub-regulation, the holder is guilty
of an offence punishable, on conviction, by a fine not exceeding
$1,000. Designation of aircraft charges
"14. (1) Subject to sub-regulation (2), where the holder of a licence
designates an aircraft to be used in accordance with sub-regulation 13 (2),
landing charges are payable in respect of that aircraft for a period of not
less than 3 months commencing-
(a) where the use of the aircraft as designated commences on or before the
day of designation-on the day of the commencement of that use; or
(b) in any other case-on the day specified in the designation for the
commencement of that use.
"(2) Where, by reason of a change in the ownership of, or in the interests of
persons in, an aircraft referred to in sub-regulation (1), the holder of the
relevant licence ceases to use the aircraft in regular public transport
operations before a period of 3 months has elapsed after the day of
designation of the aircraft, landing charges are not payable in respect of any
day after the day of that change.
"(3) Subject to sub-regulation (1), where the designation of an aircraft is
cancelled-
(a) landing charges are not payable in respect of any day after the day on
which notice in writing of the cancellation is given to the Secretary;
and
(b) annual charges calculated on a pro rata basis are payable in respect
of the period commencing on the day after the day on which notice in
writing of that cancellation is so given and ending at the expiration
of 12 months after the day of issue of the certificate of registration
in respect of that aircraft. Payment of landing charges-foreign
aircraft
"15. In respect of a foreign aircraft, landing charges are payable-
(a) in respect of the operations of the aircraft under an airline licence
(including an international airline licence), a cargo airline licence,
a charter licence or a cargo charter licence-by the holder of the
licence; or
(b) where the aircraft is operated by a person who is not the holder of an
airline licence, a cargo airline licence or a cargo charter licence in
respect of charter operations between places in Australian
territory-by the owner of the aircraft. Special arrangements for use
of facilities
"16. (1) In respect of a time when facilities relating to an aerodrome
specified in Schedule 3 would not otherwise be provided, or a service relating
to an aerodrome specified in Schedule 4 would not otherwise be available, for
use by aircraft, an authorized officer may enter into an arrangement with a
person for the purpose of providing those facilities or making available that
service for use by aircraft.
"(2) Where facilities referred to in sub-regulation (1) are not provided, or a
service referred to in that sub-regulation is not made available at an
aerodrome, an authorized officer may enter into an arrangement with a person
for the purpose of providing such facilities or making available that service
at that aerodrome for use by aircraft.
"(3) Where an authorized officer enters into an arrangement referred to in
sub-regulation (1) or (2), there is payable in relation to providing
facilities or making available a service for use by an aircraft to which the
arrangement relates a charge additional to landing charges.
"(4) A charge under sub-regulation (3) in relation to an arrangement referred
to in sub-regulation (1) or (2) is payable by-
(a) in the case of an arrangement entered into by the pilot in command,
owner or operator of an aircraft to which landing charges are
applicable-by the person liable in respect of such landing charges; or
(b) in any other case-by the person entering into the arrangement as
referred to in sub-regulation (1) or (2).
"(5) The amount of an additional charge under sub-regulation (3) in relation
to an arrangement referred to in that sub-regulation shall be an amount, as
determined by the Secretary or an authorized officer, not greater than the
estimated cost of making provision for the arrangement.
"(6) In this regulation, 'authorized officer' means an officer of the
Department authorized by the Secretary in writing to act under sub-regulation
(1) or (5). En route charge in respect of international flight
"17. (1) In respect of the use by an aircraft, in the course of an
international flight, of air route and airway facilities operated in
Australian territory, a charge is payable, subject to this regulation, in
accordance with the following formula:
D
C = R X --- X F X ^W
100 where-
C is the amount in dollars of the charge payable;
R is a rate of $1.80;
D is the distance travelled by the aircraft expressed as the great circle
distance-
(a) between the first point of entry to an Australian Flight Information
Region and the first aerodrome of destination in Australian territory;
or
(b) between 2 aerodromes in Australian territory, as the case requires;
F is a factor having the value of-
(a) in relation to international flights between Australian airports-1; or
(b) in relation to other international flights-2; and
^W is the square root of the weight of the aircraft fixed in accordance with
the Act expressed in tonnes.
"(2) In the calculation of the distance travelled by an aircraft for the
purposes of the factor D in sub-regulation (1)-
(a) a deduction of 55 kilometres shall be made in respect of each
aerodrome at which a landing charge is payable in relation to the use
by the aircraft of terminal navigation facilities; and
(b) the distance shall be shown-
(i) in the case of flight between the first point of entry to an
Australian Flight Information Region and the first aerodrome of
destination in Australian territory-to the nearest 10
kilometres; or
(ii) in the case of a flight between 2 aerodromes in Australian
territory-to the nearest kilometre.
"(3) Where an aircraft in respect of which an annual charge is payable
undertakes an international flight in the course of-
(a) private operations;
(b) aerial work operations; or
(c) charter operations, a charge in respect of the international flight is
not payable. Identification and payment of en route charge
"18. (1) For the purposes of payment of an en route charge, an international
flight may be identified by documentation that includes, in relation to that
flight-
(a) a flight strip summary, being a document known by that description
issued by the Department for the purpose of enabling officers of the
Department to compile records of aircraft movements in relation to
aerodromes;
(b) messages extracted from the message switching system known as the
Aeronautical Fixed Telecommunications Network, as referred to in Annex
10 to the Chicago Convention as in force at the commencement of these
Regulations; and
(c) the flight plan submitted to Air Traffic Control by the pilot in
command of the aircraft.
"(2) An en route charge is payable-
(a) in the case of an aircraft operated as referred to in paragraph (a) of
the definition of 'international flight'-by the holder of the relevant
licence;
(b) in the case of an aircraft operated under a licence referred to in
sub-paragraph (b) (i) of that definition-by the holder of the licence;
(c) in the case of an aircraft operated as referred to in sub-paragraph
(b) (ii) of that definition-by the owner of the aircraft; and
(d) in the case of an Australian aircraft referred to in paragraph (c) of
that definition-by the holder of the certificate of registration in
respect of the aircraft. International general aviation charge
"19. (1) An international general aviation charge is payable, in accordance
with this regulation, by the owner of an international general aviation
aircraft.
"(2) The amount of the charge payable under this regulation in respect of an
aircraft is, in respect of each week or part of a week included in the
relevant period, 18 times the unit charge for the aircraft.
"(3) For the purposes of sub-regulation (2), the unit charge for an aircraft
is-
(a) if the weight of the aircraft is not more than 700 kilogrammes-18.9
cents;
(b) if the weight of the aircraft is more than 700 kilogrammes but not
more than 9,000 kilogrammes-33 cents for each 450 kilogrammes, or part
of 450 kilogrammes, of the weight of the aircraft;
(c) if the weight of the aircraft is more than 9,000 kilogrammes but not
more than 20,000 kilogrammes-$6.60 plus 79.1 cents for each 500
kilogrammes, or part of 500 kilogrammes, by which the weight of the
aircraft exceeds 9,000 kilogrammes; or
(d) if the weight of the aircraft is more than 20,000 kilogrammes-$24.00
plus 97.3 cents for each 500 kilogrammes, or part of 500 kilogrammes,
by which the weight of the aircraft exceeds 20,000 kilogrammes.
"(4) For the purposes of sub-regulation (2), the relevant period, in relation
to an aircraft, is the period from the day on which the aircraft enters
Australian territory until-
(a) the day of departure of the aircraft from Australian territory; or
(b) if the aircraft becomes registered while in Australian territory-the
day on which the aircraft is so registered.
"(5) A charge under this regulation becomes due and payable on demand made by
the Secretary, or an officer authorized in writing by the Secretary for the
purposes of this provision, to the pilot in command of the aircraft.
"(6) In this regulation, 'international general aviation aircraft' means a
foreign aircraft other than a state aircraft or an aircraft in respect of
which landing charges or en route charges are applicable. Annual charge for
Australian general aviation aircraft
"20. (1) An annual charge is payable, in accordance with this regulation, by
the holder of a certificate of registration in respect of an Australian
aircraft.
"(2) Sub-regulation (1) does not apply in relation to the holder of a
certificate in respect of an aircraft in respect of which landing charges are
payable under these Regulations.
"(3) A charge under this regulation is payable in respect of each year of
registration that commences on or after the commencement of these Regulations
and each such charge becomes due and payable on the first day of the year in
respect of which it is payable.
"(4) The weekly rate of charge applicable to an aircraft of a type specified
in Column 2 of an item in the table at the foot of this sub-regulation is an
amount ascertained by multiplying the unit charge for that aircraft-
(a) if the weight of the aircraft does not exceed 9,000 kilogrammes-by the
factor specified in Column 3 of that item;
(b) if the weight of the aircraft exceeds 9,000 kilogrammes-by the factor
specified in Column 4 of that item.
------------------------------------------------------------------------------
-- Column 1 Column 2 Column 3 Column 4
Item No. Type of aircraft Factor if
weight
of aircraft
does
not exceed
9,000
kilogrammes Factor if weight
of aircraft
exceeds 9,000
kilogrammes
------------------------------------------------------------------------------
-- 1 Private aircraft 18 24 2
Aerial work aircraft 36 48 3 Charter
aircraft 45 60 4 Limited regular public transport
aircraft 45 60
------------------------------------------------------------------------------
--
"(5) Subject to these Regulations, the amount of an annual charge in respect
of an aircraft is 52 times the amount of the weekly rate of charge applicable
to the aircraft.
"(6) An aircraft that is not an aircraft of a type specified in Column 2 of an
item in the table at the foot of sub-regulation (4) shall, for the purposes of
this regulation, be taken to be a private aircraft.
"(7) The unit charge for an aircraft is-
(a) if the weight of the aircraft is not more than 700 kilogrammes-18.9
cents;
(b) if the weight of the aircraft is more than 700 kilogrammes but not
more than 9,000 kilogrammes-33 cents for each 450 kilogrammes, or part
of 450 kilogrammes, of the weight of the aircraft;
(c) if the weight of the aircraft is more than 9,000 kilogrammes but not
more than 20,000 kilogrammes-$6.60 plus 79.1 cents for each 500
kilogrammes, or part of 500 kilogrammes, by which the weight of the
aircraft exceeds 9,000 kilogrammes;
(d) if the weight of the aircraft is more than 20,000 kilogrammes-$24.00
plus 97.3 cents for each 500 kilogrammes, or part of 500 kilogrammes,
by which the weight of the aircraft exceeds 20,000 kilogrammes.
"(8) Where-
(a) a charge has been paid under this regulation in respect of a year in
respect of an aircraft as an aircraft included in a type of aircraft
specified in Column 2 of the table at the foot of sub-regulation (4);
(b) during that year, the aircraft engages in operations as an aircraft
included in another type of aircraft specified in that column; and
(c) the weekly rate of charge under this regulation in respect of that
other type of aircraft is greater than the weekly rate of charge in
respect of the first-mentioned type of aircraft, an additional charge
is payable of an amount ascertained by multiplying the excess of the
weekly rate of charge applicable to the other type of aircraft over
the weekly rate of charge applicable to the first-mentioned type of
aircraft by the number of whole weeks remaining in the year at the
time when the aircraft so engages, or by 4, whichever is the greater.
"(9) In this regulation, 'limited regular public transport aircraft' means an
aircraft, not being an aircraft in respect of which landing charges are
payable, operated by the holder of a supplementary airline licence, cargo
supplementary airline licence, or a cargo licence or cargo charter licence
relating to a service in relation to which exemption has been granted under
regulation 203 of the Air Navigation Regulations. Evidence
"21. For the purposes of establishing liability to charges under the Act, a
document referred to in sub-regulation 12 (8) or 18 (1), or a microfilmed copy
of such a document, is evidence of the matters comprised in the document in
relation to the movements of an aircraft. False statements
"22. A person shall not make, either orally or in writing, a statement that is
false or misleading in a material particular in or in connection with-
(a) the provision of information to the Department for any purpose in
relation to the supervision and control of an aircraft (whether at an
aerodrome or in flight) under a law of the Commonwealth; or
(b) the use of an aircraft in operations under a supplementary airline
licence, a cargo supplementary airline licence or an exemption in
force under regulation 203 of the Air Navigation Regulations.
Penalty: $1,000. Recovery of charges
"23. (1) For the purposes of these Regulations, the Secretary or an authorized
person may issue an invoice, or make a demand, to a person for payment in
relation to a liability in respect of a charge under these Regulations.
"(2) Where an invoice is duly issued, or demand duly made, to a person
pursuant to sub-regulation (1), the amount of the charge is due and payable
commencing on the day of issue of the invoice or making of the demand.".
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