AIRCRAFT NOISE LEVY ACT 1995 AIRCRAFT NOISE LEVY ACT 1995 - TABLE OF PROVISIONS 1. Short title [see Note 1] 2. Commencement [see Note 1] 3. Definitions 4. Act binds Crown 5. Imposition of levy 6. Amount of levy 7. Person liable for levy 8. Regulations AIRCRAFT NOISE LEVY ACT 1995 - LONG TITLE An Act to impose a levy on the landing of jet aircraft at certain airports AIRCRAFT NOISE LEVY ACT 1995 - SECT 1 Short title [see Note 1] This Act may be cited as the Aircraft Noise Levy Act 1995. AIRCRAFT NOISE LEVY ACT 1995 - SECT 2 Commencement [see Note 1] This Act commences on the day on which it receives the Royal Assent or on 1 July 1995, whichever is later. AIRCRAFT NOISE LEVY ACT 1995 - SECT 3 Definitions 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. AIRCRAFT NOISE LEVY ACT 1995 - SECT 4 Act binds Crown This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. AIRCRAFT NOISE LEVY ACT 1995 - SECT 5 Imposition of levy (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) a charitable purpose prescribed by the regulations. AIRCRAFT NOISE LEVY ACT 1995 - SECT 6 Amount of levy (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). AIRCRAFT NOISE LEVY ACT 1995 - SECT 7 Person liable for levy Levy imposed by section 5 on a landing is payable by the operator of the jet aircraft that made the landing. AIRCRAFT NOISE LEVY ACT 1995 - SECT 8 Regulations The Governor-General may make regulations for the purposes of sections 5 and 6. AIRCRAFT NOISE LEVY ACT 1995 - NOTES Act No. 97 of 1995 as amended This compilation was prepared on 5 March 2010 taking into account amendments up to Act No. 8 of 2010 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1............ Short title [see Note 1] ....................................................................... 1 2............ Commencement [see Note 1] .............................................................. 1 3............ Definitions .......................................................................................... 1 4............ Act binds Crown ................................................................................ 1 5............ Imposition of levy .............................................................................. 1 6............ Amount of levy .................................................................................. 2 7............ Person liable for levy .......................................................................... 2 8............ Regulations ......................................................................................... 3 Notes 5 AIRCRAFT NOISE LEVY ACT 1995 - NOTES Notes to the Aircraft Noise Levy Act 1995 Note 1 The Aircraft Noise Levy Act 1995 as shown in this compilation comprises Act No. 97, 1995 amended as indicated in the Tables below. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Aircraft Noise Levy Act 1995 97, 1995 5 Sept 1995 5 Sept 1995 Statute Law Revision Act 2010 8, 2010 1 Mar 2010 Schedule 1 (item 2): Royal Assent -- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 5...................................... am. No. 8, 2010