Division 1Amendments made by the Civil Aviation Legislation Amendment (Flight Operations—Fees and Other Consequential Amendments) Regulations 2021

Part 1—Preliminary

1 Name of Regulations

These Regulations are the Civil Aviation (Fees) Regulations 1995.

3 Definitions

(1) In these Regulations:

Act means the Civil Aviation Act 1988.

ASIC means an aviation security identification card issued under Part 6 of the Aviation Transport Security Regulations 2005.

CAR means the Civil Aviation Regulations 1988.

CASR means the Civil Aviation Safety Regulations 1998.

(2) An expression that is used in these Regulations and in CAR or CASR has the same meaning in these Regulations as in CAR or CASR, as the case requires.

Part 2—Fees

4 Fees for aviation regulatory services

(1) For paragraphs 98(3)(u) and (v) of the Act, the fee for a service specified in an item in Schedule 1, is: (a) the amount specified in the item; or (b) if the item contains ‘HR’—for each provision of the service, the amount calculated by the formula: Image unavailable in extracted text (2) In the formula in subregulation (1):

Rate is:

(a) for:
(i) items 2.12, 2.12A, 2.13, 2.14, 2.16, 2.17 and 15.9 of Schedule 1—$130; and
(ii) items 24.2, 24.5 and 24.8 of Schedule 1—$100; or
(b) if the interests of the safety of air navigation require that the service be provided by a senior CASA officer, or by a CASA officer with particular experience or qualifications—$190; or
(c) in any other case—$160.

N is the total number of hours spent by CASA officers in the provision of the service.

Note: Example: For paragraphs (b) and (c), a service in a general aviation matter is likely to be charged for at $160 per hour, and a service provided by an air transport flying operations inspector at $190 per hour.

(3) For the purposes of applying the formula in paragraph (1)(b), if the total time spent by CASA officers in providing the relevant service in a particular case is not a whole number of quarter‑hours, the total time is to be rounded down to the next lower number of quarter‑hours. (4) If: (a) a fee is specified in Schedule 1 for the processing and consideration of an application for something; but (b) no fee is specified in that Schedule for the processing and consideration of an application for its renewal or variation; the fee referred to in paragraph (a) is payable for the processing and consideration of an application for the renewal or variation. (5) In subregulation (4), a reference to a variation does not include a minor and merely formal change such as the recording of a change of postal address. (6) If the provision of a service by CASA requires a CASA officer or a person on CASA’s behalf to travel outside Australia, there is an additional fee for the provision of the service equal to the reasonable cost of that travel and any reasonably necessary meals, accommodation and incidental expenses for the officer or person. (6A) If a service is provided to or for a person outside Australia and, following the provision of the service, CASA: (a) considers that it is necessary in the interests of the safety of air navigation to inspect, assess and report on the person’s premises, operations or activities; and (b) requires a CASA officer or a person acting on CASA’s behalf to travel outside Australia; the following fees are payable for the inspection, assessment and report: (c) a fee equal to the reasonable cost of the travel, meals, accommodation and incidental expenses of the officer or person; and (d) the amount calculated by the formula: where Rate is: (a) if the interests of the safety of air navigation require that the service be provided by a senior CASA officer, or by a CASA officer with particular experience or qualifications—$190; or (b) in any other case—$160. N is the total number of hours spent by the CASA officer or person in the inspection, assessment and preparation of the report. (7) If the provision of a service by CASA requires CASA to pay a fee or charge, there is an additional fee for the provision of the service equal to the fee or charge paid or payable by CASA.