AUSTRALIAN NATIONAL AIRLINES.

No. 105 of 1956.

An Act to amend the Australian National Airlines
Act 1945-1952 in relation to the Employment
of Persons by the Australian National Airlines
Commission.

BE

[Assented to 15th November, 1956.]

E it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

1.-(1.) This Act may be cited as the Australian National Airlines Short title Act 1956.

(2.) The Australian National Airlines Act 1945-1952* is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as

the Australian National Airlines Act 1945-1956.

and citation.

2. This Act shall be deemed to have come into operation on the Commencement. twenty-third day of October, One thousand nine hundred and fifty-six.

⚫ Act No. 31, 1945, as amended by No. 90, 1947; and No. 102, 1952.

Public Service
Arbitration
Act not to
apply.

Saving of existing determinations and pending proceedings.

3. After section eighteen A of the Principal Act the following section is inserted in Division 1 of Part II. :

"18B. The Public Service Arbitration Act 1920-1956 does not apply in relation to the employment of officers or employees of the Commission.".

4. Notwithstanding the amendment made by this Act-
(a) if, immediately before the date of commencement of this
Act, any proceedings instituted under the Public Service
Arbitration Act 1920-1956 in relation to the employment of
officers or employees of the Australian National Airlines
Commission had not been finally determined, those
proceedings may be continued, heard and determined,
and any application, reference or appeal under that
Act in connexion with those proceedings may be made
or continued, and heard and determined, as if this Act
had not been enacted; and

(b) any determination or order which was in force under the
Public Service Arbitration Act 1920-1956 immediately
before the date of commencement of this Act and applied
in relation to the employment of officers or employees of
the Australian National Airlines Commission, and any
determination or order resulting from proceedings referred
to in the last preceding paragraph, continues to apply or
applies as if section eighteen в had not been inserted in
the Principal Act, but is subject to any award, order,
determination or agreement made under any other Act
after the commencement of this Act, or after the making
of that determination or order, whichever is the later.

AIR NAVIGATION (CHARGES) ACT

1952-1957.*

An Act relating to Charges in respect of Commonwealth Air Navigation Facilities and Services.

E it enacted by the Queen's Most Excellent Majesty, the
Senate, and the House of Representatives of the Common-

wealth of Australia, as follows:

1. This Act may be cited as the Air Navigation (Charges) Short title. Act 1952-1957.*

Short title amended; No. 32, 1918, s. 2.

2. In this Act, “ Australia " includes all the Territories of the Definition. Commonwealth.

3. This Act applies throughout Australia.

Application.

4. This Act binds the Crown in right of the Commonwealth Crown to be or of a State.

bound.

charges.

5. Charges are payable, in accordance with the Schedules to Air navigation this Act, in respect of the use by aircraft of aerodromes, air route and airway facilities, meteorological services and search and rescue services maintained, operated or provided by the Commonwealth.

No. 87, 1957,

6.-(1.) The Governor-General may make regulations, not Regulations. inconsistent with this Act, prescribing all matters which by this Substituted by Act are required or permitted to be prescribed, or which are 3. necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2.) The regulations may, in respect of a flight not specified in the Table in the First Schedule to this Act, prescribe a factor for the purposes of paragraph 4 of that Schedule.

The Air Navigation (Charges) Act 1952-1957 comprises the Air Navigation (Charges) Act 1952 as amended. Particulars of the Principal Act and of the amending Act are set out in the following table:

Added by

No. 87, 1957, 8. 4.

Sub-paragraph

(1.) substituted by No. 87, 1957, 8.5.

Substituted by
No. 87, 1957,

8. 6.

1.-(1.) Charges are payable, in accordance with this Schedule, by the holders of airline licences (including international airline licences), or of charter licences, under the Air Navigation Regulations.

(2.) Charges are not payable by the holder of a charter licence except in respect of a flight made in the course of regular public transport operations, as defined by the Air Navigation Regulations.

2. (1.) Charges are payable in respect of flights made between places in Australia by aircraft operated by the holders of licences referred to in the last preceding paragraph

(a) in the case of a flight in the course of the operation of an international air service on or after the date of commencement of this Act; and

(b) in any other case on or after the first day of July, One thousand nine hundred and fifty-two.

(2.) This paragraph applies in relation to a flight commencing and ending at the one place in Australia without a landing at any other place in like manner as it applies in relation to a flight between places in Australia.

3. For the purposes of the last preceding paragraph, a flight between two places by way of an intermediate stopping place (not being Canberra, Port Moresby or the capital city of a State) or by way of intermediate stopping places (none of which is Canberra, Port Moresby or the capital city of a State) shall be deemed to be a flight between those two places.

4.-(1.) The amount of a charge payable under paragraph 2 of this Schedule is— (a) in the case of a flight specified in the second column of the Table in this Schedule the amount ascertained by multiplying the unit charge for the aircraft by which the flight is made by the factor specified in the third column of that Table opposite to that flight;

(b) in the case of a flight in respect of which a factor is prescribed by the Regulations for the purposes of this paragraph-the amount ascertained by multiplying the unit charge for the aircraft by which the flight is made by the factor so prescribed; and

(c) in the case of any other flight-an amount equal to the unit charge for the aircraft.

(2.) For the purposes of this paragraph

(a) a flight from the first-mentioned place in an item in the Table in this Schedule to the second-mentioned place in that item; and

(b) a flight from the second-mentioned place in such an item to the firstmentioned place in that item,

shall be deemed to be a flight specified in the second column of that Table.

5. Where, in an item in the Table in this Schedule, reference is made to a flight between two places by way of another place, or by way of a particular route, that item applies in respect of a flight between those two places by way of that other place, or by way of that route, as the case may be.

6. (1.) A charge is payable in respect of the landing in Australia of an aircraft operated by the holder of a licence referred to in paragraph 1 of this Schedule and arriving from a place outside Australia and a charge is payable in respect of the take-off of an aircraft operated by the holder of such a licence and departing to a place outside Australia.

(2.) The amount of a charge payable under the last preceding sub-paragraph is
the amount ascertained by multiplying the unit charge for the aircraft by eight.
7.—(1.) The unit charge for an aircraft is-

(a) where the weight of the aircraft does not exceed 20,000 pounds-the sum of
an amount calculated at the rate of Threepence three-farthings for each
1,000 pounds or part of 1,000 pounds of the weight of the aircraft and
an amount equal to one-tenth of the amount so calculated; and
(b) in any other case-the sum of an amount calculated at the rate of Five-
pence farthing for each 1,000 pounds or part of 1,000 pounds of the
weight of the aircraft and an amount equal to one-tenth of the amount
so calculated.

FIRST SCHEDULE-continued.

(2.) In this paragraph, "weight", in relation to an aircraft, means the maximum all-up weight of the aircraft as specified in the Certificate of Airworthiness for the aircraft.

8. A charge is not payable in respect of

(a) a flight in the course of a proving test of an aircraft or of its equipment;
(b) a flight undertaken in connexion with the issue or renewal of a Certificate

of Airworthiness;

(c) a flight undertaken solely in connexion with the training or checking of a
person as a member of the flight crew of an aircraft;

(d) a route familiarization flight; or

(e) such other flights, or the flights included in such classes of flights, as the
Minister or the Director-General of Civil Aviation determines,

or in respect of the landing or take-off of an aircraft in the course of such a flight.
9. Charges under this Schedule are debts due to the Commonwealth and are Amended by
payable-
No. 87, 1957,

(a) in the case of the charge in respect of a flight to which paragraph 2 of this $. 7.
Schedule applies-upon the date of commencement of this Act or upon
completion of that flight, whichever is the later; and

(b) in the case of the charge in respect of the landing in Australia of an
aircraft arriving from a place outside Australia or in respect of the
take-off of an aircraft departing to a place outside Australia-
immediately after that landing or take-off.