Commonwealth Numbered Regulations

1986 No. 284 AIR NAVIGATION REGULATIONS (AMENDMENT) - REG 7

7. Regulation 329 of the Principal Regulations is repealed and the following
regulation substituted:

"329. (1) The fee or charge specified or referred to in column 3 of an item in
the Schedule is payable in respect of the matter specified opposite thereto in
column 2 of that item, at the time an application in relation to that matter
is made, by or on behalf of the person who makes the application.

"(2) A reference in an item in the Schedule to a prescribed amount shall be
read as a reference to an amount in dollars ascertained in accordance with the
formula AB where-
A is-

   (a)  in the case of an item or sub-item that relates to the grant of an
        airline licence or a cargo airline licence-500; and

   (b)  in the case of an item or sub-item that relates to the grant of a
        supplementary airline licence or a cargo supplementary airline
        licence-

        (i)    in a case in which application for the licence is made by an
               operator who intends to operate, in accordance with the
               provisions of the licence, one or more aircraft for which
               two-pilot crewing is, in accordance with Air Navigation Orders,
               a mandatory requirement-30; and

        (ii)   in any other case-10; and
B is the prescribed factor.

"(3) A reference in sub-regulation (2) to the prescribed factor shall be read
as a reference to the number that is equal to the aggregate of the numbers
calculated by reference to the number of each type of aircraft used or
intended to be used in accordance with the provisions of the particular
licence, in accordance with the formula CD, where-
C is-

   (a)  in the case of type A aircraft-8;

   (b)  in the case of type B aircraft-6;

   (c)  in the case of type C aircraft-4;

   (d)  in the case of type D aircraft-2; and

   (e)  in the case of type E aircraft-1; and
D is-

   (a)  in the case of not more than 6 aircraft of a particular type-1;

   (b)  in the case of more than 6 but not more than 12 aircraft of a
        particular type-2;

   (c)  in the case of more than 12 but not more than 18 aircraft of a
        particular type-3; and

   (d)  in the case of more than 18 aircraft of a particular type-4.

"(4) A reference in item 77 in the Schedule to the relevant amount shall be
read as a reference to the amount of the fee or charge that would be payable
if, instead of varying the certificate referred to in that item, a certificate
of approval were to be granted under regulation 35 in respect of the other or
additional activities, being a certificate having the same operation in
relation to those activities as the first-mentioned certificate as varied.

"(5) Notwithstanding anything contained in these Regulations, a person is not
entitled-

   (a)  to the grant, issue, endorsement, validation, variation or renewal of
        a licence, certificate, authority, authorization, exemption or
        approval referred to in these Regulations;

   (b)  to the reservation of a group of three letters under regulation 22; or

   (c)  to take an examination referred to in these Regulations, being a
        matter in respect of which a fee or charge is payable under
        sub-regulation (1), until that fee or charge has been paid.

"(6) Where-

   (a)  a person has paid, under sub-regulation (1), an amount as a fee or
        charge upon making an application in relation to a matter specified in
        column 2 of the Schedule; and

   (b)  a licence, certificate, authority, authorization, exemption or
        approval was not granted, issued, endorsed, validated, varied or
        renewed, or a group of three letters was not reserved as a result of
        the application, or the person did not take the examination in respect
        of which the amount was paid, the person is entitled to have refunded
        to him or her an amount equal to the amount so paid less an amount
        equal to the expenses (if any) incurred by the Commonwealth in
        relation to the matter in respect of which the application was made.

"(7) In this regulation and in the Schedule, unless the contrary intention
appears-

"Australian operator" means an operator that is a person who is an Australian;

"international operation" means an operation that involves departure from a
point outside Australia, or arrival at a point outside Australia;

"person who is an Australian" means an Australian citizen, a corporation
established by a law of the Commonwealth, a State or a Territory, or a
corporation the whole or a majority of the shares in which are owned or
controlled by the Commonwealth or by Australian citizens;

"type A aircraft" means an aircraft of a type the specifications of which,
being specifications approved by the Secretary under sub-regulation 27 (2) or
by an authorized person referred to in that sub-regulation, provide for a
maximum number of passenger seats that is not less than 340;

"type B aircraft" means an aircraft of a type the specifications of which,
being specifications approved by the Secretary under sub-regulation 27 (2) or
by an authorized person referred to in that sub-regulation, provide for a
maximum number of passenger seats that is not less than 200 and not more than
339;

"type C aircraft" means a jet-propelled aircraft of a type the specifications
of which, being specifications approved by the Secretary under sub-regulation
27 (2) or by an authorized person referred to in that sub-regulation, provide
for a maximum number of passenger seats that is not less than 39 and not more
than 199;

"type D aircraft" means-

        (i)    an aircraft, other than a jet-propelled aircraft, of a type the
               specifications of which, being specifications approved by the
               Secretary under sub-regulation 27 (2) or by an authorized
               person referred to in that sub-regulation, provide for a
               maximum number of passenger seats in the aircraft that is not
               less than 39 and not more than 199;

        (ii)   an aircraft of a type the specifications of which, being
               specifications approved by the Secretary under sub-regulation
               27 (2) or by an authorized person referred to in that
               sub-regulation, provide for a maximum number of passenger seats
               that is not less than 9 and not more than 38; or

        (iii)  an aircraft of a type the specifications of which, being
               specifications approved by the Secretary under sub-regulation
               27 (2) or by an authorized person referred to in that
               sub-regulation, do not provide for a maximum number of
               passenger seats;

"type E aircraft" means an aircraft of a type the specifications of which,
being specifications approved by the Secretary under sub-regulation 27 (2) or
by an authorized person referred to in that sub-regulation, provide for a
maximum number of passenger seats that is not more than 8.".