Civil Aviation Safety Amendment (Unmanned Aircraft Levy Collection) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 23 July 2021

David Hurley

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Civil Aviation Safety Regulations 1998

1  Name

  This instrument is the Civil Aviation Safety Amendment (Unmanned Aircraft Levy Collection) Regulations 2021.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Civil Aviation Act 1988.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Civil Aviation Safety Regulations 1998

1  After paragraph 11.030(1)(d)

Insert:

 ; and (e) if unmanned aircraft levy is payable for the application—that levy has been paid.

2  At the end of regulation 47.097

Add:

Payment of unmanned aircraft levy

 (4) An application to register an aircraft as an RPA under this Division must be accompanied by the unmanned aircraft levy (if any) for the application.

Waiver or refund of unmanned aircraft levy

 (5) CASA may, on behalf of the Commonwealth, waive the payment of unmanned aircraft levy under subregulation (4), or refund levy that has been paid under that subregulation, if CASA is satisfied that there are exceptional circumstances justifying the waiver or refund.

 (6) The waiver or refund:

 (a) may be of the whole or part of the levy; and

 (b) may be made by CASA on its own initiative, or on written application in the approved form by the applicant for the registration.

3  After regulation 101.099

Insert:

101.099AA  Foreign registered RPA and model aircraft—unmanned aircraft levy

Payment of unmanned aircraft levy

 (1) An application under Chapter 13 of the Part 101 (Unmanned Aircraft and Rockets) Manual of Standards 2019 for permission to operate, or to conduct operations using, an RPA registered under a law of a foreign country must be accompanied by the unmanned aircraft levy (if any) for the application.

Waiver or refund of unmanned aircraft levy

 (2) CASA may, on behalf of the Commonwealth, waive the payment of unmanned aircraft levy under subregulation (1), or refund levy that has been paid under that subregulation, if CASA is satisfied that there are exceptional circumstances justifying the waiver or refund.

 (3) The waiver or refund:

 (a) may be of the whole or part of the levy; and

 (b) may be made by CASA on its own initiative, or on written application in the approved form by the applicant for the registration.