Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the authority of the Minister for Transport and Communications

Air Navigation Act 1920

Air Navigation Regulations (Amendment)

Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Regulation 329 of the Air Navigation Regulations (the Regulations) deals with the imposition of fees and charges. Schedule 2 of the Regulations sets out the scale of these fees and charges. The majority relate to international airline licences issued to Australian scheduled international air service operators pursuant to Regulation 191. At present Qantas is the sole Australian designated international carrier for passenger operations. Ansett Airlines and Pelair are licensed for freight operations. The fees and charges paid by these operators are discriminatory in that foreign scheduled international carriers are required to be licensed under the Act but are not required to pay licence fees.

The Government announced on 26 February 1992 that multiple designation of Australian carriers on international routes would be introduced as soon as practicable. This will be effected by the International Air Services commission Bill 1992 which is presently before Parliament and is scheduled to commence on 1 July 1992. The Commission will allocate available capacity on international routes between applicant airlines.

The amendments revoke those provisions in Regulation 329 which impose fees and charges for licensing thereby reducing the financial costs on existing and new Australian scheduled international carriers and placing Australian and foreign airlines on an equal footing.

The Regulations are amended as follows:

1. Regulation 1 provides the date of commencement of the amendment is 1 July 1992.

2. Regulation 2 provides that the Regulations are amended as set out.

3. Regulation 3 provides that Regulation 329 is amended by deleting:

- subregulations 329(2) and 329(3). These subregulations prescribe the formula for calculating international air licence fees

- the word "licence" from subregulation 329(5) and paragraph 329(6)(b).

- the definitions of "type A aircraft", "type B aircraft", "type C aircraft", "type D aircraft" and "type E aircraft" from subregulation 329(7). These definitions comprise part of the formula for calculating international air licence fees

4. Regulation 4 provides that Schedule 2 of the Regulations is amended by deleting items 1, 2 and 3.

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