Commonwealth Numbered Regulations - Explanatory Statements

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AIR SERVICES REGULATIONS (AMENDMENT) 1995 NO. 278

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 278

Issued by the authority of the Minister for Transport

Air Services Act 1995

Air Services Regulations (Amendment)

Subsection 77(1) of the Air Services Act 1995 (the Act) empowers the Govern or-General to make regulations prescribing matters required or permitted under the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Act establishes Airservices Australia (AA) as a government business enterprise to provide Australia's national airways system. Under the Act, AA has the functions, inter alia, to provide air traffic, rescue and firefighting, search and rescue and aeronautical services to the aviation industry.

Paragraph 8(1)(e) of the Act provides that AA's functions extend to any functions prescribed by regulations in relation to the effects of, and effects associated with, the operation of Commonwealth jurisdiction aircraft.

The purpose of the proposed Regulations is to prescribe an additional function to AA, which will be to give effect to any agreement AA enters into under section 17 of the Aircraft Noise Levy Collection Act 1995, for the receipt and custody of levy and late-payment penalty under the Aircraft Noise Levy Collection Act 1995 and the Aircraft Noise Levy Act 1995.

The Air Services Regulations (Amendment) provide as follows

Regulation 1

The proposed Regulations commenced on 1 October 1995, the same day that regulations made under the Aircraft Noise Levy Act 1995 and the Aircraft Noise Levy Collection Act 1995 commence.

Regulation 2

This is a technical amendment providing that the Air Services Regulations (the Regulations) are amended as set out in these regulations.

Regulation 3

This regulation amends regulation 5.01 of the Regulations, which specifies the purpose of Part 5 of the Regulations, by including a reference to the collection of certain levies as an additional function of AA.

Regulation 4

This regulation provides that

•       AA may enter into an agreement under section 17 of the Aircraft Noise Levy Collection Act 1995 for the receipt or custody on behalf of the Commonwealth of levy and late payment penalty under the Aircraft Noise Levy Act 1995, and

•       it is a function of AA to give effect to any such agreement entered into by AA.


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