{"id":"C2004A04947","name":"Aircraft Noise Levy Act 1995","slug":"aircraft-noise-levy-act-1995","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"97 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38854,"registerId":"commonwealth-C2004A04947-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Aircraft Noise Levy Act 1995.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the day on which it receives the Royal Assent or on 1 July 1995, whichever is later.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  An expression used in this Act and in the Aircraft Noise Levy Collection Act 1995 has the same meaning in this Act as it has in that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"#### 4 Act binds Crown\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Imposition of levy","content":"#### 5 Imposition of levy\n\n  (1) Subject to subsection (2), levy is imposed on a landing.\n  (2) Levy is not imposed on a landing:\n    (a) if the aircraft making the landing:\n    (i) is a state aircraft within the meaning of section 3 of the Civil Aviation Act 1988; or\n    (ii) has an assessed noise (as defined in subsection 6(1)) of less than 265; or\n    (b) if the landing is made as part of a flight for:\n    (i) a purpose that relates to the provision of emergency services and that is prescribed by the regulations; or\n    (ii) subject to any conditions prescribed by the regulations—the purpose of carrying goods or people for a registered charity in relation to the charitable activities of the registered charity.\n  (3) In this Act:\n\n> registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Amount of levy","content":"#### 6 Amount of levy\n\n  (1) The amount of levy on a landing is worked out using the formula:\n\n![](image.002.png)\n\n  where:\n\n> assessed noise means the number equal to the effective perceived noise level of the aircraft concerned, in Effective Perceived Noise Decibels, determined in accordance with the regulations;\n\n> levy unit means the amount worked out in accordance with the regulations.\n\n  (2) Without limiting subsection (1), the regulations may provide for the assessed noise for an aircraft to be determined having regard to either or both of the following:\n    (a) the type of the aircraft;\n    (b) the noise made by another aircraft of the same type at a test conducted before the landing on which the levy is imposed.\n  (3) The regulations made for the purposes of the definition of levy unit must not provide for an amount to be worked out that exceeds:\n    (a) if the amount applies in relation to a landing made in the financial year ending on 30 June 1996—$180.00; or\n    (b) if the amount applies in relation to a landing made in a later financial year—110% of the maximum amount that could have been provided for by regulations in relation to a landing in the immediately preceding financial year.\n  (4) The regulations made for the purposes of the definition of levy unit must provide for only one amount to apply to all landings made during a particular period (regardless of where each of the landings is made).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Person liable for levy","content":"#### 7 Person liable for levy\n\n  Levy imposed by section 5 on a landing is payable by the operator of the jet aircraft that made the landing.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n  The Governor‑General may make regulations for the purposes of sections 5 and 6.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument sets up a new, narrowly framed levy regime on jet aircraft landings and delegates detailed measurement, rates and exemptions to regulations. Nothing in the supplied text indicates it alters or expands the scope of an existing levy beyond what the Act itself prescribes; its reach is limited to landings subject to the statutory exemptions and regulatory conditions (ss5–8)."},"complexity_factors":["Technical formula for calculating levy that depends on an ‘assessed noise’ metric and a regulatory ‘levy unit’ (s6(1))","Delegation of key details to regulation‑making (measurement method, levy unit amount, exemptions) giving administrative discretion to the Governor‑General via regulations (ss6(2)–(4), 8)","Specific exemption categories that reference other legal definitions and instruments (state aircraft, assessed noise threshold, prescribed emergency/charity flights) (s5)","Annual cap/limit on levy unit increases set in statute, requiring tracking across financial years (s6(3)–(4))","Liability assigned to the aircraft operator for each landing, creating recurring compliance and payment obligations (s7)","Cross‑references to other Acts for definitions (Aircraft Noise Levy Collection Act 1995 and ACNC registration definition) (s3, s5(3))","Potential operational complexity from allowing assessed noise to be determined by type or pre‑landing test (s6(2))"],"plain_english_summary":"This Act creates a per‑landing noise levy on jet aircraft landings, with exemptions for state aircraft, very low‑noise aircraft (assessed noise under 265), prescribed emergency flights and certain charity flights. The levy for each landing is worked out by a formula using an aircraft’s assessed noise and a ‘levy unit’ set by regulation.\n\nAircraft operators pay the levy. Key measurement, rate‑setting, caps and exemptions are delegated to regulations, so compliance and administrative detail are determined by subordinate rules."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its original purpose — imposing a noise-based levy on commercial jet aircraft landings to incentivise quieter aircraft and fund noise mitigation. Minor additions such as the charitable organisation exemption and cross-referencing the ACNC registration framework reflect incremental refinements rather than a fundamental change in scope."},"complexity_factors":["The levy formula references an image (not reproduced) making the actual calculation opaque without supporting material","Key definitions are cross-referenced to a companion Act (Aircraft Noise Levy Collection Act 1995), requiring readers to consult multiple pieces of legislation","The 'assessed noise' and 'levy unit' amounts are not fixed in the Act itself — they are determined by regulations made separately, creating a two-layer legal structure","The 10% annual cap on levy increases requires tracking historical amounts across financial years","Charitable exemption requires cross-referencing the Australian Charities and Not-for-profits Commission Act 2012 to confirm eligibility","Technical noise measurement standard (Effective Perceived Noise Decibels) requires specialist knowledge to understand"],"plain_english_summary":"The Aircraft Noise Levy Act 1995 levies a per‑landing tax on aircraft operators, with amounts tied to each aircraft’s measured noise level so noisier planes pay more. Some flights (state, very quiet aircraft, emergency services, qualified charity flights) are exempt. The charge—subject to annual increases of up to 10%—aims to discourage noisy aircraft, encourage quieter fleets, and fund noise‑mitigation for communities near airports."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3","severity":"medium","reasoning":"Section 3 imports all expressions from the Collection Act wholesale. This creates a definitional dependency where this Act has no self-contained interpretive framework. Crucially, 'landing' itself — the entire taxable event — is presumably defined in the Collection Act, meaning the core operative concept of the levy Act is defined nowhere within it. This is legally fragile and logically peculiar for a standalone taxing Act.","confidence":0.82,"description":"Circular/dependent definition: all definitions are outsourced entirely to the Aircraft Noise Levy Collection Act 1995, meaning this Act has no standalone meaning without that external Act. If the Collection Act is amended, repealed, or its definitions change, this Act's meaning changes silently and automatically without parliamentary oversight of this Act."},{"type":"impossible_compliance","section":"6(1)","severity":"high","reasoning":"A taxing Act that imposes a levy must specify the amount with sufficient clarity. The formula — which is the sole mechanism for calculating liability — is represented only as a broken image reference. While this may be an artefact of the document conversion, as enacted/published legislation it means the operative calculation is inaccessible. Operators cannot calculate their liability, and courts cannot enforce it, from the text alone. This is a fundamental drafting and publication failure.","confidence":0.95,"description":"The formula for calculating the levy amount is replaced by a missing image (image.002.png). The actual mathematical formula imposing a financial obligation on persons is entirely absent from the readable text of the Act, rendering the levy amount literally unascertainable from the face of the legislation."},{"type":"other","section":"6(1) and 5(2)(a)(ii)","severity":"low","reasoning":"While not legally fatal, placing the operative definition of 'assessed noise' in the calculation section (s6) rather than the definitions section (s3) or the exemption section (s5) is logically inverted. The exemption in s5(2)(a)(ii) must reach forward to s6(1) to determine whether levy applies at all. Good drafting would place foundational definitions before they are used, not after.","confidence":0.75,"description":"The term 'assessed noise' is defined in subsection 6(1) for the purposes of the levy amount formula, but section 5(2)(a)(ii) exempts landings where assessed noise is 'less than 265' and cross-references 'as defined in subsection 6(1)'. This means the exemption threshold definition lives in the amount-calculation section rather than the exemption section, creating an unusual structural dependency where the applicability of the tax depends on a definition housed in the quantum-of-tax section."},{"type":"self_contradicting","section":"7","severity":"high","reasoning":"Section 5(1) imposes levy on 'a landing' and the exemptions in s5(2) refer to 'aircraft' generally. There is no restriction in s5 limiting the levy to jet aircraft. However s7 only makes the operator of a 'jet aircraft' liable. If a non-jet aircraft (e.g. a large turboprop) exceeds the 265 EPNdB threshold and is not otherwise exempt, levy is imposed by s5 but no operator is liable under s7. The levy exists in a legal vacuum — created but uncollectable. The term 'jet aircraft' is also undefined in this Act (being outsourced to the Collection Act per s3), compounding the ambiguity.","confidence":0.88,"description":"Section 7 imposes liability on the 'operator of the jet aircraft' but section 5 imposes levy on a 'landing' without restricting it to jet aircraft. The operative section (s5) uses the broader term 'aircraft' throughout, while the liability section (s7) narrows to 'jet aircraft'. This creates a situation where levy is imposed on landings by non-jet aircraft meeting the noise threshold, but no person is made liable to pay it."},{"type":"other","section":"6(3)(b)","severity":"medium","reasoning":"While an escalation clause is not inherently absurd, the structure means Parliament set only one real number ($180 in 1996) and thereafter the Executive can compound indefinitely. There is no sunset, no absolute cap, no requirement to return to Parliament. The 110% cap is presented as a constraint but functions as a perpetual escalation authorisation. This undermines the constitutional principle that taxation levels should be set by Parliament, not delegated to the Executive without limit.","confidence":0.78,"description":"The compound annual cap escalation mechanism creates an infinite compounding ratchet with no absolute ceiling. Each year's maximum is 110% of the prior year's maximum, meaning the levy unit cap can grow without limit in perpetuity purely by regulatory action, with no parliamentary check beyond the initial $180 anchor. After 30 years of 10% annual compounding from the 1996 base, the theoretical maximum levy unit exceeds $3,100 per landing."},{"type":"other","section":"4","severity":"low","reasoning":"The Act binds State/Territory Crowns but is silent on the Commonwealth Crown. Commonwealth aircraft are implicitly excluded because the Act cannot bind the Commonwealth without express words (a constitutional principle), but this creates an asymmetry: State government aircraft get an explicit exemption via s5(2)(a)(i) referencing 'state aircraft' under the Civil Aviation Act (which covers foreign state aircraft), while Commonwealth government aircraft are simply outside the Act by implication. Cleaner drafting would address this expressly.","confidence":0.65,"description":"Section 4 binds the Crown in right of the States, ACT and NT, but does not bind the Crown in right of the Commonwealth. This is standard for Commonwealth taxing Acts (the Crown in right of the Commonwealth cannot tax itself), but combined with the exemption for 'state aircraft' in s5(2)(a)(i) — which adopts the Civil Aviation Act 1988 definition covering aircraft operated by foreign states — there is a gap: Commonwealth government aircraft are neither bound by s4 nor explicitly exempted by s5(2)(a)(i), yet are also not liable. The exclusion works but through legal inference rather than express provision."}],"contradictions":[{"severity":"high","section_a":"5(1) and 5(2) [aircraft]","section_b":"7 [jet aircraft]","confidence":0.88,"description":"Section 5 imposes levy on landings by 'aircraft' (subject to exemptions framed in terms of 'aircraft' generally), but section 7 makes only the operator of a 'jet aircraft' liable to pay. These two sections are irreconcilable: levy is imposed on a broader class of aircraft than the class for which liability is assigned, creating imposed-but-unpayable levies for non-jet aircraft above the noise threshold."},{"severity":"medium","section_a":"3 [all definitions from Collection Act]","section_b":"6(1) [assessed noise defined inline]","confidence":0.72,"description":"Section 3 states that expressions used in both Acts have the same meaning as in the Collection Act, suggesting definitions should be sourced from there. However section 6(1) provides its own inline definition of 'assessed noise' within this Act. If 'assessed noise' also appears in the Collection Act with any different or additional meaning, s3 and s6(1) would conflict as to which definition prevails. Even if identical, the duplication contradicts the architectural logic of s3."},{"severity":"low","section_a":"6(3) [levy unit cap escalates at 110% annually]","section_b":"6(4) [one amount applies to all landings in a period]","confidence":0.61,"description":"Section 6(4) requires a single levy unit amount for all landings in a particular period regardless of location. Section 6(3) allows the cap to increase year-on-year. While not directly contradictory, the interaction means if regulations fail to update the levy unit for a new financial year, the prior year's amount continues to apply by default — but the 110% cap for the new year is calculated on what 'could have been provided for', not what was actually set. This creates ambiguity about the cap baseline when regulations lapse or are not updated, potentially allowing a catch-up year to apply 110% of a higher hypothetical maximum rather than the actual preceding amount."}]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of imposing a noise-based levy on aircraft landings. The 2012 amendment updating the charity registration reference (from previous legislation to the ACNC Act) was a technical update to maintain the exemption mechanism, not an expansion of scope. No significant mission creep detected."},"complexity_factors":["Only 8 sections total, with minimal cross-referencing","Single definition section that defers entirely to another Act (Aircraft Noise Levy Collection Act 1995)","Simple conditional structure: one main exemption clause with 4 sub-exemptions (2 aircraft-based, 2 purpose-based)","Mathematical formula in section 6 but with only two variables (assessed noise and levy unit)","Regulatory delegation for technical details (noise measurement methodology, specific dollar amounts, emergency service prescriptions) rather than legislative complexity","No nested exceptions or \"except where otherwise provided\" clauses","Straightforward liability chain: operator pays the levy imposed on the landing"],"plain_english_summary":"**What this law does:**\n\nThis law creates a **noise tax on aircraft landings** in Australia. If you operate a jet aircraft and it lands at an Australian airport, you may have to pay a fee based on how noisy your plane is.\n\n**Who it affects:**\n- **Airlines and aircraft operators** – they pay the levy directly\n- **Passengers indirectly** – airlines may pass costs through ticket prices\n- **Charities** – get an exemption when carrying goods or people for charitable purposes\n- **Emergency services** – exempt when on prescribed emergency missions\n- **Government aircraft** – completely exempt (\"state aircraft\" like military or police planes)\n\n**How the tax works:**\n- The amount depends on your aircraft's **noise level** (measured in \"Effective Perceived Noise Decibels\")\n- Quieter planes pay less; noisier planes pay more\n- There's a **formula** involving \"assessed noise\" and a \"levy unit\" (dollar amount set by regulations)\n- The levy unit has **caps** – it started at $180 maximum in 1995-96 and can only increase 10% per year after that\n\n**Key exemptions:**\n- Military/government aircraft\n- Very quiet aircraft (noise level below 265)\n- Emergency services flights (if regulations say so)\n- Registered charity flights (carrying goods/people for charitable work)\n\n**Why it matters:**\nThis is Australia's **\"polluter pays\"** mechanism for aircraft noise. It gives airlines a financial incentive to use quieter, newer aircraft, and raises money that presumably goes toward noise mitigation or airport infrastructure. It works alongside a companion law (the *Aircraft Noise Levy Collection Act 1995*) that handles the actual collection mechanics."}},"importantCases":[],"_links":{"self":"/api/acts/aircraft-noise-levy-act-1995","history":"/api/acts/aircraft-noise-levy-act-1995/history","analysis":"/api/acts/aircraft-noise-levy-act-1995/analysis","conflicts":"/api/acts/aircraft-noise-levy-act-1995/conflicts","importantCases":"/api/acts/aircraft-noise-levy-act-1995/important-cases","documents":"/api/acts/aircraft-noise-levy-act-1995/documents"}}