{"id":"C2004A04948","name":"Aircraft Noise Levy Collection Act 1995","slug":"aircraft-noise-levy-collection-act-1995","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"98 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38858,"registerId":"commonwealth-C2004A04948-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Aircraft Noise Levy Collection Act 1995.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the same day as the Aircraft Noise Levy Act 1995.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> AOC means an Air Operator’s Certificate or AOC issued under Part III of the Civil Aviation Act 1988.\n\n> Commonwealth authority means a corporation established for a public purpose by a law of the Commonwealth.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> jet aircraft means an aircraft that is propelled by one or more turbofan engines, turbojet engines, unducted fan engines or rocket engines.\n\n> landing means a landing of a jet aircraft at an airport that is a leviable airport when the landing occurs.\n\n> late‑payment penalty means penalty imposed by section 9.\n\n> leviable airport means an airport that is declared to be a leviable airport under section 7.\n\n> levy means levy imposed by the Aircraft Noise Levy Act 1995.\n\n> noise amelioration program, in relation to an airport, means a program undertaken or supported by the Commonwealth to do either or both of the following:\n\n    (a) reduce the impact of aircraft noise on occupants of public buildings, or residences, around the airport;\n    (b) compensate persons for the impact of aircraft noise on occupants of public buildings, or residences, around the airport.\n\n> operator, in relation to a jet aircraft, has the meaning given by section 4.\n\n> public building means:\n\n    (a) a hospital that provides health care to in‑patients; or\n    (b) a nursing home; or\n    (c) a building used on an ongoing or regular basis wholly or mainly for one or more of the following activities:\n    (i) provision of formal courses of education;\n    (ii) provision of residential care for aged people;\n    (iii) provision of centre‑based child care for groups of children;\n    (iv) religious services.\n\n> qualifying airport has the meaning given by section 6.\n\n> Secretary means the Secretary of the Department.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Operator of a jet aircraft","content":"#### 4 Operator of a jet aircraft\n\n  The operator of a jet aircraft making a landing is the person indicated in the following table:\n\n| Item | Source of authority for operation of the aircraft                                                                                                            | Operator                                                                                                                                                                                                           |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 1    | AOC (regardless of whether there is also other authority for operating the aircraft)                                                                         | Person who holds the AOC and operates the aircraft                                                                                                                                                                 |\n| 2    | Permission granted under section 27A of the Civil Aviation Act 1988 (regardless of whether there is also other authority for operating the aircraft)         | Person who was granted the permission and operates the aircraft                                                                                                                                                    |\n| 3    | International airline licence granted under the Air Navigation Regulations (but not a permission under section 27A of the Civil Aviation Act 1988 or an AOC) | Licensee or, if the aircraft is operated under an agreement with the licensee that has been approved by the Secretary under subsection 12(1B) of the Air Navigation Act 1920, the person who operates the aircraft |\n| 4    | Permission under subsection 25(2) of the Civil Aviation Act 1988 (but not a permission under section 27A of that Act or an AOC)                              | Person who was granted the permission                                                                                                                                                                              |\n| 5    | Permission under subsection 25(3) of the Civil Aviation Act 1988 (but not a permission under section 27A of that Act or an AOC)                              | Person who was granted the permission                                                                                                                                                                              |\n| 6    | Permission under subsection 26(1) of the Civil Aviation Act 1988 (but not a permission under section 27A of that Act)                                        | Person who was granted the permission                                                                                                                                                                              |\n| 7    | None of the sources of authority mentioned in items 1 to 6 (inclusive)                                                                                       | Holder of certificate of registration of the aircraft (whether the aircraft was registered in Australia or a foreign country)                                                                                      |","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"#### 5 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":5},{"sectionNumber":"5A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 5A Application of the Criminal Code\n\n  Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Leviable airports","content":"## Part 2—Leviable airports","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Identification of qualifying airports","content":"#### 6 Identification of qualifying airports\n\n  (1) If an airport is a qualifying airport at the commencement of this Act, the Minister must publish a notice in the Gazette as soon as possible after the commencement, identifying the airport as a qualifying airport.\n  (2) If an airport becomes a qualifying airport after the commencement of this Act, the Minister must publish a notice in the Gazette as soon as possible after the airport has become a qualifying airport, identifying the airport as a qualifying airport.\n  (3) A notice under this section cannot be revoked or amended.\n  (4) An airport is a qualifying airport at a particular time if:\n    (a) at that time there is:\n    (i) a public building within a 25‑unit contour shown on an Australian Noise Exposure Forecast previously prepared for the area around the airport for a date after that time; or\n    (ii) a residence within a 30‑unit contour shown on an Australian Noise Exposure Forecast previously prepared for the area around the airport for a date after that time; and\n    (b) the Commonwealth is funding at that time, or has funded before that time, a noise amelioration program for the airport.\n  (5) Once an airport has become a qualifying airport, it remains a qualifying airport even if it no longer meets the description in paragraph (4)(a).\n  (6) In this section:\n\n> Australian Noise Exposure Forecast means an Australian Noise Exposure Forecast that has been endorsed by the Civil Aviation Authority established by the Civil Aviation Act 1988 or by Airservices Australia established by the Air Services Act 1995.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Declaration of leviable airports","content":"#### 7 Declaration of leviable airports\n\n  (1) The Minister may, by notice in the Gazette, declare that an airport that has been identified as a qualifying airport is a leviable airport for the period specified in the declaration.\n  (2) The Minister may, by notice in the Gazette:\n    (a) amend a declaration to change the period for which the airport is a leviable airport; or\n    (b) revoke a declaration.\n  (3) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to this section.\n  (4) The Minister must exercise his or her powers under this section to ensure that:\n    (a) each qualifying airport is declared a leviable airport as soon as practicable after it is identified as a qualifying airport; and\n    (b) as far as practicable, the adjusted levy liability for an airport at any given time does not exceed the Commonwealth expenditure on the noise amelioration program for the airport up to that time; and\n    (c) as far as practicable, the ratio of the adjusted levy liability for an airport to the Commonwealth expenditure on the noise amelioration program for the airport is ultimately the same for each leviable airport.\n  (5) The adjusted levy liability for an airport at a particular time is the sum of the amounts of levy for which operators of jet aircraft have incurred liability as a result of landings of those aircraft at the airport before that time (whether or not any of those amounts are due for payment and whether or not any of those amounts have been paid) minus the amount spent up to that time on collection of levy on landings at the airport.\n  (6) The Commonwealth expenditure on a noise amelioration program for an airport is the sum of:\n    (a) amounts spent by the Commonwealth under one or more appropriations on the implementation (including administration) of a noise amelioration program for the airport; and\n    (b) a reasonable allowance in the nature of interest on amounts spent as described in paragraph (a).\n  (7) The Minister is taken:\n    (a) to have declared under subsection (1) that Sydney (Kingsford‑Smith) Airport is a leviable airport for the period from and including 1 July 1996 to and including 21 February 2001; and\n    (b) to have made that declaration by notice published in the Gazette before 1 July 1996.\n  (8) Subsection (4) does not apply to the making of the declaration mentioned in subsection (7).","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Payment of levy and penalty for late payment of levy","content":"## Part 3—Payment of levy and penalty for late payment of levy","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"When levy becomes due for payment","content":"#### 8 When levy becomes due for payment\n\n  Levy becomes due for payment in accordance with the regulations.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Penalty for late payment of levy","content":"#### 9 Penalty for late payment of levy\n\n  (1) If levy payable by a person remains unpaid after it has become due for payment, the person is liable to pay (in addition to the levy) a prescribed penalty on the unpaid amount of levy, calculated from the day the levy became due for payment, and compounded.\n  (2) The regulations must not prescribe a penalty exceeding the equivalent of 1.5% of the amount of unpaid levy for each month or part of a month during which it is unpaid.\n  (3) Subsection (2) does not require the penalty to be calculated on a monthly basis.\n  (4) The fact that a judgment is entered or given in a court for the payment of levy, or of a composite amount that includes levy, does not of itself cause the levy to stop being unpaid for the purposes of subsection (1).\n  (5) If the judgment debt bears interest, the penalty payable under subsection (1) is reduced by the following amount:\n  ![Start formula Interest on judgment debt times start fraction Levy component of judgment debt over judgment debt end fraction end formula](image.002.png)","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Remission of late‑payment penalty","content":"#### 10 Remission of late‑payment penalty\n\n  (1) If late‑payment penalty is payable in relation to levy on a landing, the Secretary may remit some or all of the late‑payment penalty in any of the following cases:\n    (a) the Secretary is satisfied that the operator of the jet aircraft that made the landing did not contribute to the delay in payment and has taken reasonable steps to mitigate the causes of the delay;\n    (b) the Secretary is satisfied that:\n    (i) the operator contributed to the delay but has taken reasonable steps to mitigate the causes of the delay; and\n    (ii) having regard to the nature of the things that caused the delay, it would be fair and reasonable to remit some or all of the penalty;\n    (c) the Secretary is satisfied that there are special circumstances that make it reasonable to remit some or all of the penalty.\n  (2) The operator may apply to the Administrative Review Tribunal for review of a decision of the Secretary.\n  (3) The Secretary may delegate his or her power under subsection (1) to:\n    (a) an SES employee, or acting SES employee, in the Department; or\n    (b) an officer, member or employee of a Commonwealth authority.\n  The delegation must be in writing.\n  (4) In exercising the delegated power, the delegate is subject to any directions given by the Secretary.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Manner of payment","content":"#### 11 Manner of payment\n\n  Levy and late‑payment penalty must be paid in the manner prescribed by the regulations.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Recovery of unpaid levy and late‑payment penalty","content":"#### 12 Recovery of unpaid levy and late‑payment penalty\n\n  (1) Unpaid levy on a landing and related late‑payment penalty may be recovered as a debt in any court of competent jurisdiction by the Secretary suing on behalf of the Commonwealth.\n  (2) The Secretary may delegate to a Commonwealth authority the Secretary’s power under subsection (1). The delegation must be in writing.\n  (3) In exercising the delegated power, the delegate is subject to any directions given by the Secretary.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Refund of overpayment of levy or late‑payment penalty","content":"#### 13 Refund of overpayment of levy or late‑payment penalty\n\n  An amount of levy or late‑payment penalty that is overpaid by the operator of a jet aircraft may be credited against a liability of the operator to pay levy or late‑payment penalty, and must be refunded to the extent that it is not credited.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Powers to gather information relevant to collecting levy","content":"## Part 4—Powers to gather information relevant to collecting levy","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Authorised officers’ powers to seek information","content":"#### 14 Authorised officers’ powers to seek information\n\n  (1) An authorised officer may give a person a written notice requiring the person:\n    (a) to give the authorised officer specified information on matters relevant to the operation of this Act within a reasonable time specified in the notice; and\n    (b) to verify the information by statutory declaration.\n  (2) The Secretary may authorise an officer in writing for the purposes of this section.\n  (3) The Secretary may delegate to an SES employee or acting SES employee in the Department the Secretary’s power under subsection (2). The delegation must be in writing.\n  (4) In exercising the delegated power, the delegate is subject to any directions given by the Secretary.\n  (5) In this section:\n\n> authorised officer means:\n\n    (a) the Secretary; or\n    (b) an officer authorised by the Secretary for the purposes of this section.\n\n> officer means an officer of the Department or an officer, member or employee of a Commonwealth authority.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Offences in relation to returns etc.","content":"#### 15 Offences in relation to returns etc.\n\n  (1) A person must not fail to give information or a return that the person is required to give under this Act or the regulations.\n\nPenalty: 60 penalty units.\n\n  (1A) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).\n\n  (2) The offence created by subsection (1) is an offence of strict liability.\n  (3) A person is not excused from giving a return or information on the ground that the information, or giving the return, might tend to incriminate the person. However, any information or return given, and any information or thing (including any document) obtained as a direct or indirect consequence of the giving of the return or information, is not admissible in evidence against the person in:\n    (a) criminal proceedings other than proceedings for an offence against subsection (1) or (4); or\n    (b) proceedings for recovery of an amount of late‑payment penalty.\n  (4) A person who presents a document, makes a statement or gives a return or information, that is false or misleading in a material particular, to a person carrying out functions under this Act commits an offence punishable on conviction by a term of imprisonment not exceeding 12 months.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Conduct by directors, employees and agents","content":"#### 16 Conduct by directors, employees and agents\n\n  (1) Subject to subsection (2), in proceedings against a body corporate for an offence against this Act:\n    (a) any conduct engaged in by a director, employee or agent of the body corporate within the actual or apparent scope of his or her employment or within his or her actual or apparent authority is taken to have been engaged in also by the body corporate; and\n    (b) it is taken to be established that conduct (the relevant conduct) was engaged in by the body corporate if it is proved:\n    (i) that the directors of the body corporate engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in; or\n    (ii) that an employee or agent of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the body corporate engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in.\n  (2) Subparagraph (1)(b)(ii) does not apply if the body corporate proves that it exercised due diligence to prevent the relevant conduct.\n  (3) Subject to subsection (4), in proceedings against an individual for an offence against this Act:\n    (a) any conduct engaged in by an employee or agent of the individual within the actual or apparent scope of his or her employment or within his or her actual or apparent authority is taken to have been engaged in also by the individual; and\n    (b) it is taken to be established that conduct (the relevant conduct) was engaged in by the individual knowingly if it is proved that an employee or agent of the individual with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the individual knowingly engaged in the relevant conduct or expressly, tacitly or impliedly authorised or permitted the relevant conduct to be engaged in.\n  (4) Paragraph (3)(b) does not apply if the individual proves that he or she exercised due diligence to prevent the relevant conduct.\n  (5) If:\n    (a) an individual is convicted of an offence against this Act; and\n    (b) the individual would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the individual is not liable to be punished by imprisonment for the offence.\n  (6) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (7) In this section:\n\n> director, in relation to a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory, means:\n\n    (a) a constituent member of the body; or\n    (b) if the body does not have any members—a member of the board or other group of persons responsible for the administration or management of the affairs of the body.\n\n> offence against this Act includes an offence against:\n\n    (a) section 6 of the Crimes Act 1914; or\n    (b) section 11.1, 11.4 or 11.5 of the Criminal Code;\n  that relates to an offence against this Act.","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"## Part 5—Miscellaneous","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Agreement for collecting levy and late‑payment penalty","content":"#### 17 Agreement for collecting levy and late‑payment penalty\n\n  (1) On behalf of the Commonwealth, the Finance Minister may enter into an agreement with a Commonwealth authority for the receipt or custody of levy or late‑payment penalty on behalf of the Commonwealth.\n  (2) The Finance Minister may delegate his or her power under subsection (1) to an SES employee or acting SES employee. The delegation must be in writing.\n  (3) In exercising the delegated power, the delegate is subject to any directions given by the Finance Minister.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Evidentiary certificates","content":"#### 18 Evidentiary certificates\n\n  (1) The Secretary may give a signed certificate stating that:\n    (a) a particular jet aircraft landed at a particular airport at a particular time; or\n    (b) a particular person was the operator of a particular jet aircraft at a particular time; or\n    (c) the assessed noise (as defined in subsection 6(1) of the Aircraft Noise Levy Act 1995) of a particular jet aircraft was a particular number; or\n    (d) a particular landing is not covered by subsection 5(2) of the Aircraft Noise Levy Act 1995.\n  (2) A certificate is prima facie evidence of the matters stated in it.\n  (3) The Secretary may delegate his or her power under subsection (1) to:\n    (a) an SES employee, or acting SES employee, in the Department; or\n    (b) an officer, member or employee of a Commonwealth authority.\n  The delegation must be in writing.\n  (4) In exercising the delegated power, the delegate is subject to any directions given by the Secretary.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Agreements etc. by Commonwealth authorities","content":"#### 19 Agreements etc. by Commonwealth authorities\n\n  A Commonwealth authority may:\n    (a) enter into, and give effect to, an agreement under this Act; or\n    (b) exercise a power delegated under this Act;\n  whether or not the authority’s powers and functions (apart from this section) include matters covered by the agreement or delegation.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Annual report","content":"#### 20 Annual report\n\n  (1) As soon as practicable after 30 June in each year, the Secretary must prepare and give to the Minister a report on the working of this Act and the Aircraft Noise Levy Act 1995 during the year ending on that 30 June.\n  (2) The report must include a report on any breaches of either Act that are known to the Secretary.\n  (3) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n  (1) The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The matters that may be prescribed under subsection (1) include, but are not limited to:\n    (a) requiring operators of jet aircraft to make and keep records of their operation of jet aircraft; and\n    (b) requiring operators of jet aircraft to give returns or information for the purposes of this Act; and\n    (c) rules of procedure in proceedings for recovery of levy or late‑payment penalty; and\n    (d) prescribing penalties, not exceeding a fine of 10 penalty units, for offences against the regulations.","sortOrder":26}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"6(4)(a)(i) and 6(4)(a)(ii)","severity":"medium","reasoning":"The provision requires that at a particular time T, there exists a forecast previously prepared (before T) for a date after T. As time advances, all previously prepared forecasts will eventually have target dates in the past, making it impossible for any airport to become a new qualifying airport. While s.6(5) preserves existing qualifying airports, the mechanism for acquiring qualifying status becomes inoperative over time. This is likely an unintended drafting anomaly.","confidence":0.72,"description":"The qualifying airport definition requires a noise exposure forecast 'previously prepared for a date after that time' — i.e., a historical forecast that predicts a future date relative to the time of assessment. This creates a temporal paradox where the forecast must be both past (previously prepared) and future-oriented (for a date after the assessment time), making it progressively harder or impossible to satisfy as time passes, since forecasts prepared for dates that are still 'after that time' become rarer as the forecast target dates are consumed by the passage of time."},{"type":"self_contradicting","section":"15(1) and 15(1A) and 15(2)","severity":"low","reasoning":"Strict liability under the Criminal Code (s.6.1) means no fault element applies to physical elements, yet a 'reasonable excuse' defence (which is subjective and evaluative) effectively reintroduces a fault-like inquiry. This is not strictly unlawful but creates internal logical tension within the provision as to the actual standard imposed.","confidence":0.65,"description":"Section 15(2) declares the offence in s.15(1) to be one of strict liability, yet s.15(1A) provides a 'reasonable excuse' defence. Under the Criminal Code (Chapter 2, which applies per s.5A), strict liability offences do not admit fault elements but the reasonable excuse defence reintroduces a subjective evaluative standard — creating an internal tension between strict liability and the excuse available. While the Criminal Code permits this combination, the practical effect is that strict liability is substantially qualified, rendering the strict liability label arguably misleading or redundant."},{"type":"retroactive_impossibility","section":"7(7) and 7(8)","severity":"medium","reasoning":"A statutory deeming provision can retrospectively attribute legal effect, but s.7(7)(b) deems the notice to have been published before 1 July 1996 — potentially before the Act's commencement. Since s.2 ties commencement to the Aircraft Noise Levy Act 1995, and s.7(8) explicitly disapplies the subsection (4) ministerial obligations for this declaration, the legislature clearly recognised the awkwardness but the logical impossibility of a pre-commencement exercise of a statutory power remains.","confidence":0.78,"description":"Section 7(7) deems the Minister to have made a declaration by notice published in the Gazette before 1 July 1996, when the Act itself commenced on the same day as the Aircraft Noise Levy Act 1995. This creates a retroactive fiction — the Act purports to deem a Gazette notice to have been published before the Act even existed, which is logically impossible: the Minister could not have exercised a statutory power under an Act that had not yet commenced."},{"type":"impossible_compliance","section":"9(5)","severity":"high","reasoning":"A legislative formula encoded only as an image reference is inaccessible as plain text law. If the image is unavailable or not rendered, the reduction mechanism in s.9(5) cannot be calculated, meaning operators and courts cannot determine the precise penalty reduction. This is a drafting/publication defect with real compliance implications.","confidence":0.85,"description":"The formula for reducing late-payment penalty where a judgment debt bears interest (Interest on judgment debt × Levy component / Judgment debt) is presented as an image reference ('image.002.png') rather than as actual legislative text. This means the operative legal formula is unreadable on the face of the instrument, creating a provision that cannot be applied without reference to an external image that may not be accessible, rendering compliance literally impossible from the text alone."},{"type":"other","section":"6(3)","severity":"low","reasoning":"The combination of s.6(3) (irrevocability of notices) and s.6(5) (permanent qualifying status once attained) means that if an airport is erroneously identified as a qualifying airport, there is no mechanism to correct the error, and levy obligations may flow from a mistaken notice that can never be undone.","confidence":0.7,"description":"Section 6(3) provides that a notice identifying a qualifying airport 'cannot be revoked or amended', yet s.6(5) provides that once an airport has become a qualifying airport it remains so even if it no longer meets the qualifying criteria. The irrevocability provision in s.6(3) thus serves a redundant function for the qualifying status itself (already preserved by s.6(5)), while simultaneously preventing correction of any erroneous identification notice — creating a permanently irremediable error mechanism."}],"contradictions":[{"severity":"low","section_a":"5A","section_b":"15(2) and 15(1A)","confidence":0.62,"description":"Section 5A applies Chapter 2 of the Criminal Code (excluding Part 2.5) to all offences. Chapter 2 includes s.6.1 which governs strict liability. Section 15(2) declares the s.15(1) offence to be strict liability, which under the Criminal Code means the defence of honest and reasonable mistake of fact is available (s.6.1(2)) but not other fault-based defences. However, s.15(1A) separately provides a 'reasonable excuse' defence, creating duplicative and potentially conflicting defence regimes for the same offence — the reasonable excuse standard may be broader or narrower than the Criminal Code's honest and reasonable mistake standard, producing uncertainty about which standard governs."},{"severity":"medium","section_a":"7(4)(b) and 7(4)(c)","section_b":"7(2)(b)","confidence":0.75,"description":"Section 7(4) imposes a mandatory duty on the Minister to exercise powers under s.7 to ensure adjusted levy liability does not exceed Commonwealth expenditure and that ratios are ultimately equalised across airports. Section 7(2)(b) grants the Minister a discretionary power to revoke a declaration entirely. If the Minister revokes a declaration under s.7(2)(b), future levy cannot be collected, potentially making it impossible to achieve the equalisation ratio mandated by s.7(4)(c). Revocation may thus directly frustrate the mandatory obligation in s.7(4), placing the two provisions in operational conflict."},{"severity":"medium","section_a":"15(3)","section_b":"15(3)(a)","confidence":0.8,"description":"Section 15(3) grants a use-immunity: information compelled under the Act cannot be used against the person in criminal proceedings, except for proceedings under s.15(1) or s.15(4). This means a person is compelled to provide information that may self-incriminate and that information can then be used against them in a prosecution for the very offence of failing to provide information (s.15(1)) or providing false information (s.15(4)). The self-incrimination protection is thus illusory for the primary offences created by s.15 itself — the section purports to protect against self-incrimination while expressly carving out the offences most likely to be charged on the basis of the compelled information."},{"severity":"low","section_a":"9(1) and 9(4)","section_b":"9(5)","confidence":0.58,"description":"Section 9(4) provides that entry of a judgment for levy does not cause the levy to stop being 'unpaid' for penalty purposes, meaning late-payment penalty continues to accrue post-judgment. Section 9(5) then reduces the penalty by an amount proportional to interest on the judgment debt. However, if a judgment debt bears no interest (which is possible in some jurisdictions or circumstances), the reduction is zero and full compounding penalty accrues alongside the judgment — but if interest does accrue, the reduction formula (visible only as an image) may not fully offset the compounding penalty, potentially resulting in a total liability exceeding the judgment amount plus interest, undermining the purpose of s.9(5) which appears intended to prevent double-recovery of a financing cost."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Nothing in the text indicates an expansion or contraction of scope beyond what the Act sets out: it defines qualifying airports by noise contours and Commonwealth funding, empowers the Minister to declare leviable airports, and establishes collection, enforcement, penalty, remission and reporting mechanisms. The Act includes a specific deeming declaration for Sydney (s.7(7)), but no provision in the text alters the Act’s original scope."},"complexity_factors":["Cross‑references to multiple aviation statutes for operator identity and qualifications (see s.4; references to Civil Aviation Act 1988, Air Navigation Act 1920).","Ministerial discretion in declaring leviable airports and statutory objectives to balance adjusted levy liability with Commonwealth expenditure (s.7(1), (4)–(6)).","Technical financial definitions and calculations: 'adjusted levy liability' and 'Commonwealth expenditure' including an interest allowance (s.7(5)–(6)).","Significant delegation pathways allowing the Secretary and Finance Minister to delegate powers to SES employees and Commonwealth authorities (ss.10(3), 12(2), 17(2), 18(3)), creating multi‑layered administrative control.","Penalty regime with compounding late‑payment penalty capped by regulation and a formula reducing penalty when judgment debt bears interest (s.9).","Enforceable information‑gathering powers, strict‑liability and false‑statement offences with mixed evidentiary burdens and application of the Criminal Code (ss.14–15, 5A).","Evidentiary certificates that are prima facie proof of key facts (s.18), shifting litigation burdens.","Recovery mechanics (debt recovery by Secretary or delegate) and refund/credit rules for overpayments (ss.12, 13).","Large scope left to regulations (timing and manner of payment, penalties, record‑keeping), requiring subordinate instruments to operationalise key mechanics (ss.8, 11, 21).","Statutory reporting obligations and non‑revocable identification of qualifying airports (ss.6(1)–(3), 20) which affect administrative transparency and permanence of certain designations."],"plain_english_summary":"Establishes how airports are identified as subject to an aircraft‑noise levy and sets the rules for collecting that levy from operators of jet aircraft that land at declared ‘leviable’ airports. It covers who counts as an operator, payment timing, penalties and remission, information‑gathering and enforcement powers, Ministerial declarations, delegations and regulatory detail.\n\nAffects jet‑aircraft operators (by AOC, permission or registration), the Secretary, the Finance Minister and Commonwealth authorities; it mechanises funding linkage between levy liabilities and Commonwealth noise‑amelioration spending and creates concrete compliance and cost obligations for operators."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: providing the administrative and enforcement machinery for collecting the aircraft noise levy from jet aircraft operators at noise-affected airports. No significant scope creep is evident — all provisions logically serve levy collection, information gathering, penalty administration, or accountability reporting. The deeming provision for Sydney Airport (section 7(7)) is a minor historical adjustment, not a substantive scope change."},"complexity_factors":["Multiple interacting legislative instruments — this Act only makes sense alongside the Aircraft Noise Levy Act 1995, Air Navigation Act 1920, Civil Aviation Act 1988, and Air Services Act 1995","Complex seven-item table to determine who legally counts as the 'operator' liable to pay, covering different licence and permission types","Technical definitions (Australian Noise Exposure Forecast contour thresholds, assessed noise) that require specialist aviation/environmental knowledge","Nuanced ministerial balancing obligations — Minister must proportionally align levy collections to actual Commonwealth expenditure across all leviable airports","Late-payment penalty formula involving a mathematical equation with judgment debt interest offset calculations","Strict liability and self-incrimination provisions with qualified use immunity — legally technical criminal law elements","Corporate liability provisions covering implied authorisation and due diligence defences","Delegation chains — multiple layers of delegation from Minister to Finance Minister to Secretary to SES employees to Commonwealth authorities","Gazette-based declaration system with irrevocable qualifying airport notices but revocable leviable airport declarations — subtle procedural asymmetry"],"plain_english_summary":"This Act establishes the collection machinery for a levy on jet aircraft landings at designated “leviable” airports so operators fund Commonwealth noise‑mitigation and compensation programs for affected homes and public buildings. It affects jet operators, nearby communities, and administrators.\n\nIt sets payment, penalty (compounding interest on late payments), recovery and information‑gathering powers, plus safeguards — caps on total levies, refund rules, waiver and review rights, Crown liability, and annual parliamentary reporting."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the administrative framework for collecting the aircraft noise levy. While it contains detailed machinery provisions (enforcement, offences, delegation powers), these are standard supporting mechanisms for a revenue collection statute and do not represent scope creep beyond the original intent of implementing the levy scheme."},"complexity_factors":["13 defined terms in the interpretation section (section 3), including nested definitions like 'leviable airport' depending on 'qualifying airport'","Complex operator identification table in section 4 with 7 different scenarios based on multiple overlapping aviation regulatory frameworks (AOCs, international airline licences, various Civil Aviation Act permissions)","Cross-references to companion legislation (Aircraft Noise Levy Act 1995, Civil Aviation Act 1988, Air Navigation Act 1920, Public Governance, Performance and Accountability Act 2013)","Mathematical formula for calculating adjusted levy liability and penalty reductions in sections 7 and 9","Conditional logic for determining qualifying airports involving noise contour mapping (Australian Noise Exposure Forecasts) and Commonwealth funding tests in section 6","Multiple delegation chains throughout (Secretary → SES employees/acting SES employees/Commonwealth authorities)","Interaction between strict liability offences, evidential burdens, and privilege against self-incrimination in section 15","Corporate attribution rules in section 16 with due diligence defences and special sentencing limitations"],"plain_english_summary":"This law sets up the machinery for collecting a special tax (called a 'levy') on jet aircraft landings at certain Australian airports. The money raised goes toward reducing aircraft noise impacts on nearby homes, schools, hospitals, and nursing homes.\n\n**Who pays:** Airlines and other operators of jet aircraft (planes with turbofan, turbojet, unducted fan, or rocket engines) that land at designated airports.\n\n**Which airports:** Only 'leviable airports' — those where the Commonwealth is running or has run noise reduction programs and where noise forecasts show significant impact on residences or public buildings. The Minister declares these airports by notice in the Gazette (an official government publication).\n\n**Key features:**\n- **How much:** The actual levy amount is set by a companion law, the *Aircraft Noise Levy Act 1995*, based on how noisy the aircraft is.\n- **When it's due:** Set by regulations (subordinate laws made by the executive government).\n- **Late fees:** Operators who pay late face penalty interest (capped at roughly 1.5% per month), though the Secretary can remit (waive) these penalties in certain circumstances.\n- **Enforcement:** The Secretary can sue to recover unpaid levies as debts, demand information from operators, and issue certificates proving facts like 'this plane landed here at this time.'\n- **Offences:** Failing to provide required information carries a penalty of 60 penalty units (a 'penalty unit' is a set dollar amount used to calculate fines). Giving false or misleading information can result in up to 12 months imprisonment.\n- **Corporate liability:** Companies can be held responsible for the actions of their directors, employees, or agents.\n\n**Why it matters:** This is the administrative backbone that makes the aircraft noise levy actually work — without it, the tax couldn't be collected, audited, or enforced. It ensures that airlines contributing to noise pollution at major airports help fund measures to protect nearby communities."}},"importantCases":[],"_links":{"self":"/api/acts/aircraft-noise-levy-collection-act-1995","history":"/api/acts/aircraft-noise-levy-collection-act-1995/history","analysis":"/api/acts/aircraft-noise-levy-collection-act-1995/analysis","conflicts":"/api/acts/aircraft-noise-levy-collection-act-1995/conflicts","importantCases":"/api/acts/aircraft-noise-levy-collection-act-1995/important-cases","documents":"/api/acts/aircraft-noise-levy-collection-act-1995/documents"}}