5 Act does not affect other powers with respect to fees 2
6 Aerodrome operator may fix a fee 3
7 Liability for payment of fees 4
8 Recovery of debt 4
9 Regulations 5
ENDNOTES 6
General Information 6
Table of Amendments 7
Explanatory Details 8
Version No.003
Aerodrome Landing Fees Act 2003
No. 79 of 2003
Version as at
14 June 2012
The Parliament of Victoria enacts as follows:
1 Purpose
The purpose of this Act is to provide that an aerodrome operator may fix a fee for—
(a) an arrival, departure or parking of an aircraft;
(b) a training flight approach by an aircraft;
(c) carrying out any directly related activity or service.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 January 2004, it comes into operation on that day.
3 Definitions
In this Act—
aerodrome means land used or intended for use wholly or partly for the arrival, departure or movement of aircraft, but does not include an aerodrome excluded by regulation from the ambit of this definition;
aircraft means an aircraft registered under Part 3 of the Civil Aviation Regulations;
Aircraft Register means the Aircraft Register established and kept under Part 3 of the Civil Aviation Regulations;
Civil Aviation Regulations means the Civil Aviation Regulations 1988 of the Commonwealth;
, in relation to an aircraft, means the person whose name is entered in the Aircraft Register as the holder of the certificate of registration of that aircraft;
holder of the certificate of registration
operate, in relation to an aerodrome, includes manage, maintain and improve the aerodrome;
training flight approach, in relation to an aerodrome, means a planned descent to, or in the immediate vicinity of, a runway at the aerodrome, whether or not the aircraft touches the runway, during a flight undertaken for the training or testing of a person as a pilot or member of a flight crew.
4 Act to bind the Crown
s. 4
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
5 Act does not affect other powers with respect to fees
This Act does not limit or affect contractual or other powers, rights or obligations of aerodrome operators to charge and recover aerodrome fees.
6 Aerodrome operator may fix a fee
(1) An aerodrome operator may fix a fee in relation to that aerodrome for any or all of the following—
(a) arrival of an aircraft;
(b) departure of an aircraft;
(c) parking an aircraft;
(d) a training flight approach;
(e) the carrying out of an activity, or the provision of a service, directly related to the arrival, departure, parking or training flight approach of an aircraft;
(f) late payment of a fee fixed under this section, other than this late payment fee.
(2) If an aerodrome operator fixes a fee under this section, a notice setting out the fee must be published in the Government Gazette and in—
s. 6
(a) a daily newspaper circulating generally in the State; or
(b) a periodical publication prescribed by the regulations.
(3) A fee fixed under this section—
(a) may be replaced by a different fee fixed in accordance with this section;
(b) comes into force on the day specified in the notice of the fee published under this section and not earlier than the day after the day on which the notice is last published under subsection (2).
(4) In fixing fees under this section, an aerodrome operator—
(a) is entitled to ensure that the amount of money collected in fees under this section is sufficient to cover the cost to the aerodrome operator of providing the service or carrying out the activity;
(b) may allow for the reduction, waiver or refund, in whole or in part, of any fee in specified circumstances.
(5) Nothing in this Act compels an aerodrome operator to fix a fee under this section.
7 Liability for payment of fees
s. 7
(1) Subject to subsection (2), if a fee fixed under section 6 is incurred in respect of an aircraft, the holder of the certificate of registration of the aircraft is liable for payment of the fee to the aerodrome operator.
(2) The holder of the certificate of registration may, by agreement in writing, assign to another person the liability or future liability for the payment of a fee fixed under section 6.
(3) Unless the agreement otherwise specifies, a person to whom liability is assigned under subsection (2) is to notify each relevant aerodrome operator of the details of the agreement.
8 Recovery of debt
An aerodrome operator may, by commencing proceedings in a court of competent jurisdiction, recover a fee fixed under section 6 as a debt owing to the aerodrome operator from the person liable under this Act for the payment of the fee.
9 Regulations
s. 9
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
ENDNOTES
General Information
Endnotes
Minister's second reading speech—
Legislative Assembly: 28 August 2003
Legislative Council: 18 September 2003
The long title for the Bill for this Act was "to provide for the fixing of a fee by an aerodrome operator for certain matters and for other purposes."
The Aerodrome Landing Fees Act 2003 was assented to on 11 November 2003 and came into operation on 1 January 2004: section 2(2).
Table of Amendments
Endnotes
There are no amendments made to the Aerodrome Landing Fees Act 2003 by Acts and subordinate instruments.