AIR NAVIGATION (CHARGES). No. 49 of 1960. An Act to amend the Air Navigation (Charges) Act BE 1952-1957. [Assented to 3rd November, 1960.] 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 Air Navigation Short title (Charges) Act 1960. (2.) The Air Navigation (Charges) Act 1952-1957* is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Air Navigation (Charges) Act 1952-1960. and citation. 2. This Act shall come into operation on the day on which Commenc:it receives the Royal Assent. ment. Act No. 101, 1952, as amended by No. 87, 1957. First Scheduleparagraph 7. First Application of amendments. 3. The First Schedule to the Principal Act is amended by omitting sub-paragraph (1.) of paragraph 7 and inserting in its stead the following sub-paragraph: “(1.) The unit charge for an aircraft is (a) where the weight of the aircraft does not exceed 25,000 pounds—an amount calculated at the rate of Fourpence half-penny for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft; (b) where the weight of the aircraft exceeds 25,000 pounds but does not exceed (c) where the weight of the aircraft exceeds 50,000 pounds but does not exceed 4. The Table of Flights set out in the First Schedule to the Principal Act is amended as set out in the Schedule to this Act. 5. The amendments made by this Act apply in the case of a charge payable— (a) in respect of a flight between places in Australia that is completed on or after the date of commencement of this Act; (b) in respect of the landing or take-off of an aircraft on or after that date; (c) in relation to the registration of an aircraft registered under the Air Navigation Regulations on or after that date; and (d) by the owner of a foreign aircraft in respect of a week or part of a week commencing on or after that date. AUSTRIA PRELIMINARY The Austrian Aviation Law of December 2, 1957 was the first Austrian legislation on aviation since World War II. In 1938, when Austria was annexed to the German Reich, the Austrian aviation laws were replaced by the German laws. Thus, before the 1958 law was enacted, the German aviation laws were theoretically still in force. Since Austria adhered to the Chicago Convention with effect from September 26, 1948, there was the problem of reconciling the Convention with some conflicting provisions of the German law. However, in Austria, as in other "civil law" countries, a ratified international convention becomes the law of the land even without implementing legislation and it prevails over any conflicting provisions of the internal law. In any event, the new aviation law has clarified the situ ation. FEDERAL LAW OF DECEMBER 2, 1957 CONCERNING AVIATION (AVIATION LAW)1 The National Council has enacted: PART I-GENERAL PROVISIONS Section 1. Civil Aviation and Military Aviation. Civil aviation within the meaning of this Federal law shall be all aviation with the exception of military aviation. Military aviation shall be aviation serving national defense. Section 2. Freedom of the Air Space. The use of the air space by aircraft and flight contrivances shall be free unless otherwise provided for by this Federal law. Section 3. Controlled Areas of the Air Space. (1) A controlled area shall be an area of the air space bounded on all sides which is controlled by the Federal Civil Aviation Office in accordance with the ordinance to be issued under Section 124 and in which aircraft may fly only in accordance with the traffic regulations issued for such areas. (2) The Federal Ministry of Transport and Electric Power in concurrence with the Federal Ministry of National Defense, shall establish by ordinance controlled areas in accordance with the requirements of traffic safety. 1 Published in Bundesgesetzblatt (Federal Law Gazette), December 12, 1957, p. 1403. 218 |