Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020 [2020] AUSStaCSBSD 135 (2 September 2020)

• Chapter 1
• Comment bills
• Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
• Significant matters in delegated legislation1

---

Chapter 1

Comment bills

1.1 The committee comments on the following bills and, in some instances, seeks a response or further information from the relevant minister.

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

Purpose	This bill seeks to amend the Civil Aviation Act 1998 to establish arrangements for the Civil Aviation Safety Authority to collect an unmanned aircraft levy
Portfolio	Infrastructure, Transport, Regional Development and Communications
Introduced	House of Representative on 27 August 2020

Significant matters in delegated legislation^[1]

1.2 Proposed paragraph 98(3)(w) of the Civil Aviation Act 1988 provides that the circumstances in which the proposed unmanned aircraft levy is payable, and the collection of levy payments, are to be prescribed by regulations.

1.3 The committee has consistently drawn attention to framework bills which contain only the broad principles of a legislative scheme and rely heavily on delegated legislation to determine the scope and operation of the scheme. The committee considers that such an approach considerably limits the ability of Parliament to have appropriate oversight over new legislative schemes. Consequently, the committee's view is that significant matters, such as details of the operation of a levy scheme, should be in the primary legislation unless a sound justification for the use of delegated legislation is provided.

1.4 In this instance, the explanatory memorandum states:

This item inserts paragraph 98(3)(w) into section 98 of the Civil Aviation Act 1988, which provides for when the Governor-General may make regulations. The effect of inserting paragraph 98(3)(w) is that the Governor-General may make regulations for or in relation to the circumstances in which unmanned aircraft levy is payable and the collection of unmanned aircraft levy.^[2]

1.5 The committee is concerned that the explanatory memorandum fails to justify why it is necessary and appropriate to leave virtually all of the details of the operation of the proposed unmanned aircraft levy scheme to delegated legislation.

1.6 From a scrutiny perspective, the committee considers that at least broad guidance in relation to the circumstances in which unmanned aircraft levy will payable and collected should be included on the face of the primary legislation.

1.7 The committee therefore requests the minister’s advice as to:

• why it is necessary and appropriate to leave the circumstances in which the proposed unmanned aircraft levy is payable, and the collection of the levy payments, to delegated legislation; and

• whether the bill can be amended to prescribe at least broad guidance in relation to these matters on the face of the primary legislation.

---

[1] Schedule 1, item 4, proposed paragraph 98(3)(w). The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(iv).

[2] Explanatory memorandum, p. 3.