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Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Aircraft Noise Levy Act 1995.
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Commonwealth act
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.
Aircraft 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.
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Direct links to the current provisions in Aircraft Noise Levy Act 1995.
This Act may be cited as the Aircraft Noise Levy Act 1995.
This Act commences on the day on which it receives the Royal Assent or on 1 July 1995, whichever is later.
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.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.
(1) Subject to subsection (2), levy is imposed on a landing. (2) Levy is not imposed on a landing: (a) if the aircraft making the landing: (i) is a state aircraft within the meaning of section 3 of the Civil Aviation Act 1988; or (ii) has an assessed noise (as defined in subsection 6(1)) of less than 265; or (b) if the landing is made as part of a flight for: (i) a purpose that relates to the provision of emergency services and that is prescribed by the regulations; or (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. (3) In this Act:
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.
(1) The amount of levy on a landing is worked out using the formula:
View image in the official source
where:
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;
levy unit means the amount worked out in accordance with the regulations.
(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: (a) the type of the aircraft; (b) the noise made by another aircraft of the same type at a test conducted before the landing on which the levy is imposed. (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: (a) if the amount applies in relation to a landing made in the financial year ending on 30 June 1996—$180.00; or (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. (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).
Levy imposed by section 5 on a landing is payable by the operator of the jet aircraft that made the landing.
The Governor‑General may make regulations for the purposes of sections 5 and 6.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Aircraft Noise Levy Act 1995.
This Act commences on the day on which it receives the Royal Assent or on 1 July 1995, whichever is later.
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.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.
(1) Subject to subsection (2), levy is imposed on a landing. (2) Levy is not imposed on a landing: (a) if the aircraft making the landing: (i) is a state aircraft within the meaning of section 3 of the Civil Aviation Act 1988; or (ii) has an assessed noise (as defined in subsection 6(1)) of less than 265; or (b) if the landing is made as part of a flight for: (i) a purpose that relates to the provision of emergency services and that is prescribed by the regulations; or (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. (3) In this Act:
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.
(1) The amount of levy on a landing is worked out using the formula:
where:
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;
levy unit means the amount worked out in accordance with the regulations.
(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: (a) the type of the aircraft; (b) the noise made by another aircraft of the same type at a test conducted before the landing on which the levy is imposed. (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: (a) if the amount applies in relation to a landing made in the financial year ending on 30 June 1996—$180.00; or (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. (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).
Levy imposed by section 5 on a landing is payable by the operator of the jet aircraft that made the landing.
The Governor‑General may make regulations for the purposes of sections 5 and 6.