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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Aerodrome Landing Fees Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Act to bind the Crown 3
5. Act does not affect other powers with respect to fees 3
6. Aerodrome operator may fix a fee 3
7. Liability for payment of fees 4
8. Recovery of debt 5
9. Regulations 5
ENDNOTES 6
INDEX 7
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551082B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 26 August 2003
Victorian Legislation and Parliamentary Documents
A BILL
to provide for the fixing of a fee by an aerodrome operator for certain
matters and for other purposes.
Aerodrome Landing Fees Act 2003
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;
5 (b) a training flight approach by an aircraft;
(c) carrying out any directly related activity or
service.
551082B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
1
Aerodrome Landing Fees Act 2003
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
Victorian Legislation and Parliamentary Documents
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 January 2004, it comes into
operation on that day.
3. Definitions
In this Act--
"aerodrome" means land used or intended for
10 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
15 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
20 Aviation Regulations 1988 of the
Commonwealth;
"holder of the certificate of registration", in
relation to an aircraft, means the person
whose name is entered in the Aircraft
25 Register as the holder of the certificate of
registration of that aircraft;
"operate", in relation to an aerodrome, includes
manage, maintain and improve the
aerodrome;
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Aerodrome Landing Fees Act 2003
s. 4
Act No.
"training flight approach", in relation to an
aerodrome, means a planned descent to, or in
the immediate vicinity of, a runway at the
Victorian Legislation and Parliamentary Documents
aerodrome, whether or not the aircraft
5 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
This Act binds the Crown in right of Victoria and,
10 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
15 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;
20 (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
25 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.
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Aerodrome Landing Fees Act 2003
s. 7
Act No.
(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--
Victorian Legislation and Parliamentary Documents
(a) a daily newspaper circulating generally in
5 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
10 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 sub-
15 section (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
20 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
25 specified circumstances.
(5) Nothing in this Act compels an aerodrome
operator to fix a fee under this section.
7. Liability for payment of fees
(1) Subject to sub-section (2), if a fee fixed under
30 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.
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Aerodrome Landing Fees Act 2003
s. 8
Act No.
(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
Victorian Legislation and Parliamentary Documents
fee fixed under section 6.
5 (3) Unless the agreement otherwise specifies, a
person to whom liability is assigned under sub-
section (2) is to notify each relevant aerodrome
operator of the details of the agreement.
8. Recovery of debt
10 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.
15 9. Regulations
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
20 Act.
5
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Aerodrome Landing Fees Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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Aerodrome Landing Fees Act 2003
Act No.
INDEX
Subject Section
Victorian Legislation and Parliamentary Documents
Act
commencement 2
Crown bound by 4
purpose 1
Aerodrome (def.) 3
Aerodrome operators
definition of operate 3
powers and rights regarding fixing of fees 5, 6
recovery of debts due to 8
Aircraft (def.) 3
Aircraft Register (def.) 3
Civil Aviation Regulations (def.) 3
3
Definitions
Fees
activities and services fees may be fixed for 6
date of coming into force 6
liability for payment 7
notice of 6
other powers, rights, obligations not affected 5
recovery 8
Holders of certificates of registration
definition 3
liability for payment of fees 7
9
Regulations
7
551082B.I1-29/8/2003 BILL LA CIRCULATION 29/8/2003
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