Commonwealth Numbered Regulations - Explanatory Statements

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AIRCRAFT NOISE LEVY REGULATIONS (AMENDMENT) 1996 NO. 86

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 86

Issued by the Authority of the Minister for Transport and Regional Development

Aircraft Noise Levy Act 1995

Aircraft Noise Levy Collection Act 1995

Aircraft Noise Levy Regulations (Amendment)

The Aircraft Noise Levy Act 1995 (the Levy Act) and the Aircraft Noise Levy Collection Act 1995 (the Collection Act) were passed to provide for the imposition of a levy on jet aircraft landings at airports where noise amelioration programs are being funded by the Federal Government.

Subsection 21 (1) of the Collection Act empowers the Governor-General to make regulations prescribing matters required or permitted by the Collection Act to be prescribed, or, matters necessary or convenient to be prescribed for carrying out or giving effect to the Collection Act.

Regulation 9 of the Aircraft Noise Levy Regulations (the Regulations) deals with the payment of aircraft noise levy and late payment penalty into an approved bank account and other functions and enables persons to be authorised for these purposes. The bank account is approved by an authorised person in the Department of Transport and Regional Development, while the other functions are performed by officers of Airservices Australia. In its current form, regulation 9 does not allow for the dividing of functions and powers between different authorised persons.

The amending regulations separate the provisions dealing with the approval of bank accounts from those dealing with the collection of noise levy, enabling different persons to be authorised to perform these functions.

Details of the amending regulations are set out below.

Regulation 1 provides that the Aircraft Noise Levy Regulations are amended as set out in the Aircraft Noise Levy Regulations (Amendment).

Regulation 2 removes the reference to each bank account approved under subregulation 9(2) of the principal regulations and replaces it with a reference to each approved bank account, which is now approved under the new regulation 10. Subregulation 9(5) of the principal regulations is repealed as it is redundant.

Regulation 3 inserts a new subregulation 10(1) which provides that an approved bank: account is a bank account, approved by an authorised person, which a person liable, or a person who may be liable, to pay levy or late-payment penalty, can deposit in or transfer to such payments of levy or late-payment penalty. Regulation 3 also inserts a new subregulation 10(2) which provides that, in regulation 10, an authorised person is either the Minister for Finance or a person authorised by the Minister for Finance.

The Regulations commence on gazettal.