Air Navigation (Charges) Act 1973 (Cth)

Air Navigation (Charges) Act 1973

No. 179 of 1973

AN ACT

Relating to Charges in respect of certain Air Navigation Facilities and Services.

[Assented to 12 December 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation. 1. (1) This Act may be cited as the Air Navigation (Charges) Act 1973. (2) The Air Navigation (Charges) Act 1952–1972 is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Air Navigation (Charges) Act 1952–1973.

Commencement. 2. This Act shall come into operation on 1 December 1973.

Interpretation. 3. Section 2 of the Principal Act is amended by omitting from the definition of "Australia" in sub-section (1) the words "of the Commonwealth".

First Schedule, para. 1. 4. Paragraph 1 of the First Schedule to the Principal Act is repealed and the following paragraph substituted:— "1. A charge is payable, in accordance with this Schedule, by the holder of an airline licence in respect of— (a) a flight made between places in Australia, in the course of regular public transport operations, by an aircraft (other than a foreign aircraft) operated by him; and (b) a flight made between places in Australia by a foreign aircraft operated by him, not being a training flight referred to in paragraph 5a.".

First Schedule, paras, 2a and 2b. 5. After paragraph 2 of the First Schedule to the Principal Act the following paragraphs are inserted:— "2a. (1) Where an aircraft, other than a foreign aircraft, operated by the holder of an airline licence commences to make a flight between one place in Australia and another place in Australia solely for the purpose of— (a) enabling the carrying out of any maintenance of that aircraft at that other place; (b) transporting to that other place persons required, or goods required for use, in connexion with the maintenance of aircraft operated by that holder; or (c) enabling that aircraft to make from that other place a flight, in respect of which a charge is payable under any other paragraph of this Schedule, or solely for two or more of those purposes, and does not return to that first-mentioned place without a landing at any other place— (d) a charge is payable by that holder in respect of the flight actually made, whether or not the flight actually made was made to that second-mentioned place; and (e) a charge is payable by that holder in respect of each flight, not being a flight in respect of which a charge referred to in clause (d) of this sub-paragraph or any other paragraph of this Schedule is payable, made by that aircraft after the flight referred to in that clause until the aircraft has returned to that first-mentioned place. "(2) In sub-paragraph (1), 'maintenance' includes inspection, overhaul, modification, repair and replacement of parts. "2b. (1) A charge is payable by the owner of an aircraft in respect of a flight made between places in Australia by that aircraft solely for the purpose of demonstrating that aircraft. "(2) This paragraph applies in relation to a flight commencing and ending at the one place in Australia without a landing at any other place in like manner as it applies in relation to a flight between places in Australia.".