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Air Passenger Ticket Levy (Collection) Bill 2001

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Air Passenger Ticket Levy (Collection) Act 2001 .

2   Commencement

                   This Act commences, or is taken to have commenced, on 1 October 2001.

3   Crown to be bound

                   This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.

4   Application of Criminal Code

                   Chapter 2 of the Criminal Code applies to offences against this Act.

5   Definitions

                   In this Act, unless the contrary intention appears:

air passenger ticket means a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on a particular flight or flights.

Australia , when used in a geographical sense, includes the external Territories.

Australian flight means a flight that takes off from a place in Australia (whether the flight is to another place in Australia or to a place outside Australia).

Commonwealth authority means a corporation established for a public purpose by a law of the Commonwealth.

due date for accounting for an amount received on account of levy payable on the purchase of an air passenger ticket is the end of the month that follows the month in which the ticket is purchased.

entity means any of the following:

                     (a)  an individual;

                     (b)  a body corporate;

                     (c)  a partnership;

final levy month means the month notified by the Minister as the final levy month under section 12.

inspector means a person appointed as an inspector under section 19.

levy means the levy payable under this Act.

month means any of the months of the year.

operator of a flight by an aircraft means the person who conducts, or offers to conduct, an air service by the use of the aircraft for that flight.

regular public transport operation has the same meaning as in the Air Navigation Act 1920 .

relevant flight means an Australian flight that is operated as part of a regular public transport operation.

Secretary means the Secretary of the Department.

Special Employee Entitlements Scheme for Ansett group employees means the scheme whose terms are determined under subsection 22(1).

Workplace Relations Minister means the Minister administering the Workplace Relations Act 1996 .

6   What constitutes one air passenger ticket for the purposes of this Act

             (1)  An air passenger ticket that covers flights provided by 2 or more operators is treated as one air passenger ticket for the purposes of this Act (and not as a separate air passenger ticket in relation to each of those operators).

             (2)  The regulations may provide that, in the circumstances specified in the regulations, what would, or might, otherwise be 2 or more air passenger tickets are to be treated as one air passenger ticket for the purposes of this Act.

             (3)  The regulations may provide that, in the circumstances specified in the regulations, what would otherwise be one air passenger ticket is to be treated as 2 or more air passenger tickets for the purposes of this Act.

Note:          If regulations are made for the purposes of this subsection, a separate amount of levy will be payable in relation to the purchase of each of the 2 or more air passenger tickets.

7   Purpose of the levy

                   The purpose of the levy is to meet the cost of payments by the Commonwealth under the Special Employee Entitlements Scheme for Ansett group employees.

8   Extension of Act to the external Territories

                   This Act extends to all the external Territories.