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Civil Aviation Act 2023

Regulations and miscellaneous provisions - Regulations - Levies

418: Governor-General may impose levies

You could also call this:

"The Governor-General can create rules to charge fees to people in aviation to help fund important jobs."

The Governor-General can make rules to charge levies on people involved in aviation. You will have to pay a levy to help the Civil Aviation Authority carry out its jobs under this Act and other Acts. The levy can also be used to help the Secretary and the reviewer do their jobs, including those under subpart 5 of Part 10.

The rules can say who you pay the levy to, which could be the Civil Aviation Authority or the Secretary. The rules can also say how much the levy is, when you have to pay it, and how you pay it.

Before the Minister recommends that the Governor-General make these rules, they must make sure that the right people have been asked for their opinions. This includes people in the aviation industry, government departments, and other groups. The Minister must also be satisfied that the Civil Aviation Authority has asked for the recommendation and has talked to the right people.

When the rules are made, they are called secondary legislation, which has its own set of rules to follow, as outlined in Part 3 of the Legislation Act 2019.

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Part 10Regulations and miscellaneous provisions
Regulations: Levies

418Governor-General may impose levies

  1. The Governor-General may, by Order in Council, made on the recommendation of the Minister, make regulations imposing on all or any aviation participants a levy—

  2. for the purpose of enabling the CAA to carry out its functions under this Act and any other Act:
    1. for the purpose of enabling the Secretary to carry out the Secretary’s functions under this Act:
      1. for the purpose of enabling the reviewer to carry out their functions under subpart 5 of Part 10.

        1. The regulations may provide for a levy (whether for the purpose in subsection (1)(a) to (c), or 2 of those purposes, or all) to be payable to the CAA or the Secretary.

        2. Without limiting subsection (1), regulations may prescribe—

        3. the rate of levy; and
          1. to the extent that the regulations do not set an actual rate, how the actual rate of the levy is to be set; and
            1. when and how the levy is to be paid; and
              1. how the rate of the levy, and any variation of the rate, is to be notified; and
                1. how levy payments are to be received, handled, and accounted for.

                  1. The Minister must not make any recommendation under subsection (1) in respect of a levy for the purpose in subsection (1)(a) unless—

                  2. the CAA has requested that the Minister make the recommendation; and
                    1. the Minister is satisfied that the CAA has consulted with persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister considers appropriate.

                      1. The Minister must not make any recommendation under subsection (1) in respect of a levy for the purpose in subsection (1)(b) or (c) unless the Minister is satisfied that those persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister considers appropriate have been consulted.

                      2. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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