Bills Digest No.
22, 2020–21
PDF version [701KB]
Joseph Ayoub
Law and Bills Digest Section
6
November 2020
Contents
Purpose of the Bills
Commencement
Background
Committee consideration
Policy position of non-government
parties/independents
Position of major interest groups
Financial implications
Statement of Compatibility with Human
Rights
Key issues and provisions
Date introduced: 27
August 2020
House: House of
Representatives
Portfolio: Infrastructure,
Transport, Regional Development and Communications
Commencement: various
dates as set out under the ‘commencement’ heading of this Digest.
Links: The links to the Bills,
its Explanatory Memorandum and second reading speech can be found on the Bill’s
home page for the Civil
Aviation (Unmanned Aircraft Levy) Bill 2020 and the Civil
Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020 or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent,
they become Acts, which can be found at the Federal Register of Legislation
website.
All hyperlinks in this Bills Digest are correct as
at November 2020.
Purpose of
the Bills
The purpose of the Civil
Aviation (Unmanned Aircraft Levy) Bill 2020 (Imposition Bill) is to impose a
new levy on the operators of remotely piloted aircraft (RPA) and model
aircraft.
The purpose of the Civil Aviation Amendment (Unmanned Aircraft Levy Collection and
Payment) Bill 2020 (Collection Bill) is to amend the Civil Aviation Act
1988 to:
- enable
the Governor-General to make regulations for or in relation to the
circumstances in which the unmanned aircraft levy is payable and for the collection
of the unmanned aircraft levy and
- require
the Commonwealth to pay the Civil Aviation Safety Authority (CASA) amounts
equal to the levy collected by CASA on behalf of the Commonwealth.
The purpose of the proposed levy is to cover the
regulatory costs of administering the registration and program administration
of RPA and model aircraft in accordance with the Australian
Government Charging Framework.[1]
In this Digest, the Imposition Bill and the Collection
Bill are collectively referred to as ‘the Bills’.
Commencement
The Imposition Bill commences on the later of:
The Collection Bill commences at the same time as the Civil
Aviation (Unmanned Aircraft Levy) Act 2020 (that is, the same time as
the Imposition Bill if enacted).
Background
RPA
legislative regime
The Explanatory Statement accompanying the Civil Aviation Safety
Amendment (Remotely Piloted Aircraft and Model Aircraft – Registration and
Accreditation) Regulations 2019 (RPA Regulations) explains the requirements
which applied to recreational and commercial RPA operators prior to the
commencement of those Regulations:
The current regulations governing the use of RPA in Australia
are contained in Part 101 of the Civil Aviation Safety Regulations
1998. The Part 101 regulations differentiate requirements on whether
the RPA is operated commercially or recreationally and the weight of the RPA,
with the following weight categorisation (Table 1).
Table 1: Categorising RPA
by size and weight
- micro RPA—an RPA with a gross weight of 100 g or
less
- very small RPA—an RPA with a gross weight of more than
100 g but less than 2 kg
- small RPA—an RPA with a gross weight of at least
2 kg but less than 25 kg
- medium RPA—an RPA with a gross weight of at least
25 kg, but not more than 150 kg
- large RPA—an RPA with a gross weight of more than
150 kg
|
The primary regulatory requirements are based around operator
(pilot) training and organisational approval of the operator, with this
approval based on the documented procedures of the operator to ensure the safe
operation of the RPA. With certain exceptions all commercial RPA operators and
private operators of medium and large RPA (above 25 kg) and certain small RPA
must hold a Remote Pilot Licence (RePL) and an RPA Operator’s Certificate
(ReOC). In addition, RPA weighing more than 150 kg must be registered.
For small, very small and micro RPA these aircraft may be
operated in simple commercial operations as excluded RPA under
division 101.5.F of [the Civil Aviation Safety Regulations 1998], and do not
require a RePL or ReOC. However, the excluded RPA operations are restricted and
must be conducted in accordance with the standard operating conditions
(Table 2).
There is no requirement for an RPA weighing 150 kg or less,
operated either commercially or recreationally, to be registered. [Table 2
omitted].[3]
The RPA Regulations amended the rules contained in the Civil Aviation Safety
Regulations 1998 (CASR) which apply to RPA and model aircraft.[4]
The new requirements relate to registration of aircraft and accreditation of
those persons operating RPA and model aircraft. The categorisation of RPA by
size and weight was also amended as follows:
- micro
RPA—an RPA with a gross weight of 250 g or less
- very
small RPA—an RPA with a gross weight of more than 250 g up to 2 kg
- small
RPA—an RPA with a gross weight of more than 2 kg up to 25 kg
- medium
RPA—an RPA with a gross weight of more than 25 kg, but not more than 150 kg
- large
RPA—an RPA with a gross weight of more than 150 kg.[5]
In the context of the Bills, the new registration
requirements imposed by the RPA Regulations are of particular relevance, given
the levy will become payable on an application for registration.
Registration
The following registration requirements are imposed
by the RPA Regulations:
- all
RPA used for providing services will need to be registered regardless of weight[6]
- all
RPA and model aircraft weighing more than 250 g and flown for recreational
purposes will need to be registered, unless:
- it
is a model aircraft or RPA being flown at a CASA-approved model airfield
- it
is an RPA or model aircraft flown exclusively indoors or
- the
operator does not intend to fly the drone or model aircraft.[7]
A person may only apply to register an RPA or model
aircraft if they are at least 16 years old and registration must be renewed
annually.[8]
Registration opened on 30 September 2020 and will be
required by 28 January 2021 for RPA flown commercially.[9]
Registration opens in March 2022 and will be required by 30 May 2022 for RPA
and model aircraft operated recreationally.[10]
Accreditation
The RPA Regulations also provide for some new accreditation
requirements. The following accreditation requirements are imposed:
- persons
operating RPA and model aircraft that weigh more than 250 g and are flown for
recreational purposes will need to be accredited or hold a remote
pilot licence[11]
- persons
operating an excluded category or micro RPA for commercial purposes will need
to be accredited or hold a remote pilot licence—operator accreditation (in lieu
of a remote pilot licence (RePL)) only applies if the RPA weighs:
- 250
g or less (micro RPA)
- more
than 250 g but no more than 2 kg (very small RPA)
- more
than 2 kg but no more than 25 kg (small RPA) and the person only flies it over their
own land.[12]
A person does not require accreditation to fly a model
aircraft flown at a CASA-approved model airfield.[13]
A person must be at least 16 years old to apply for
accreditation.[14]
A child under the age of 16 years may operate an excluded RPA, micro RPA or
model aircraft if supervised by an accredited adult (over 18).[15]
According to CASA, accreditation requires the person to watch a ‘short safety
video and pass an online quiz’—this is free, can be taken as many times as
needed until the person passes.[16]
Accreditation lasts for three years.[17]
Accreditation opened on 30 September 2020 and will be
required by 28 January 2021 for excluded and micro RPA flown commercially.[18]
Accreditation opens in March 2022 and will be required by 30 May 2022 for RPA
and model aircraft that weigh more than 250 g and are operated recreationally.[19]
The RPA Regulations also stipulate that the Part 101 Manual of
Standards may prescribe requirements relating to the operation of, or
conduct of operations using, foreign registered RPA or model aircraft.[20]
Why were the
RPA rules changed?
While CASA has released extensive material on the safe and
legal use of drones, the rapid growth in both the number and advanced
capability of drones, in CASA’s view ‘presents an unmitigated risk to aviation
safety, including the risk of a catastrophic collision with a passenger
aircraft’.[21]
According to CASA, there are safety risks with the potential for RPA and model
aircraft to:
- cause
serious injury to people on the ground
- cause
damage to property on the ground and/or to national infrastructure
- interfere
with the safe and lawful operation of manned aircraft, such as at an airport
- compromise
the safety of passengers and crew on aircraft through impact with a manned
aircraft, resulting in catastrophic engine damage, penetration of the
windscreen, penetration of wing and/or fuel tanks, and damage that disables
aircraft control systems.[22]
While the number of drones being operated in Australia is
unknown, CASA notes that some estimates (sourced through basic internet
surveys) indicate a figure at over one million.[23]
In July 2019, CASA relied on a figure of 150,000 RPA and model aircraft
which weighed more than 250 g as the basis of its analysis in the
Regulation Impact Statement (RIS) accompanying the RPA Regulations.[24]
It is estimated that this figure is increasing at approximately 15,000 per
year.[25]
While RPA weighing more than 150 kg must be registered, no
registration scheme existed prior to the RPA Regulations for the remaining RPA
weighing 150 kg or less, operated either commercially or recreationally.[26]
According to CASA, this makes it very difficult to take enforcement action
against operators of drones in breach of the rules:
Passive RPA surveillance technology is presently in use by
several Australian Government agencies, including CASA. The technology
provides the means to electronically identify an airborne RPA’s serial number,
its location, and the location of the RPA operator on the ground. While
the technology is currently in use, without a means of linking an RPA serial
number to a registered operator, identifying the RPA operator remains
challenging.[27]
Previous
inquires and consultation
2016–2018
Senate Committee inquiry
On 13 October 2016, the Senate referred a range of matters
regarding RPA to the Rural and Regional Affairs and Transport References
Committee for inquiry and report—details are available at the inquiry
homepage.[28]
The terms of reference required, among other things, the Committee to consider:
‘current and future regulatory requirements that impact on the safe commercial
and recreational use of Remotely Piloted Aircraft Systems (RPAS), Unmanned
Aerial Systems (UAS) and associated systems’.[29]
On 31 July 2018, the Committee tabled its final report Current and Future
Regulatory Requirements That Impact on the Safe Commercial and Recreational Use
of Remotely Piloted Aircraft Systems (RPAS), Unmanned Aerial Systems (UAS) and Associated
Systems (2018 Committee Report). The Committee made ten
recommendations.[30]
Among the recommendations made, the Committee recommended:
- the
Australian Government introduce a mandatory registration regime for all
remotely piloted aircraft systems (RPAS) weighing more than 250g. As part of
registration requirements, RPAS operators should be required to successfully
complete a basic competence test regarding the safe use of RPAS, and
demonstrate an understanding of the penalties for non-compliance with the rules
(Recommendation 2) and
- the
Australian Government explore cost-effective models to develop and administer
new regulatory initiatives for remotely piloted aircraft systems, including a
mandatory registration regime and tiered education program (part of
Recommendation 8).[31]
The Government responded to the Committee’s
recommendations in November 2018—the Government agreed with recommendation 2
and agreed in principle with recommendation 8.[32]
The Government noted that CASA had at the time already ‘begun to develop
options for an effective and efficient registration scheme’ which would
consider ‘the Committee’s concern that any such scheme should be both
cost-effective and sustainable’.[33]
CASA
consultation
Prior to the release of the 2018 Committee Report, CASA
issued a Discussion
Paper: Review of RPAS Operations in August 2017, requesting submissions
from RPA and model aircraft operators, and their associations, to comment on
issues including whether:
- all
RPA should be registered and
- all
RPA users should be required to meet specified training, experience, knowledge
and/or assessment requirements.[34]
In response to the feedback received, CASA published the Review of Aviation
Safety Regulation of Remotely Piloted Aircraft Systems in May 2018 in
which it made the following findings:
- CASA
supports mandatory RPA registration in Australia for RPA weighing more than 250 g
- CASA
should develop a simple online course for recreational and excluded category
RPA operators on safe RPA operations, followed by a quiz that has a minimum
pass mark.[35]
In January 2019 and following the 2018 Committee Report, CASA
published Proposed
New Remotely Piloted Aircraft (RPA) Registration and RPA Operator Accreditation
Scheme for public consultation in which it proposed the current
registration and accreditation scheme.[36]
International
examples of RPA registration
According to the Regulation Impact Statement accompanying
the RPA Regulations: ‘[i]nternationally, comparable countries are moving to a
form of mandatory registration and accreditation’ of RPA.[37]
The Rural and Regional Affairs and Transport Committee provides examples of
international research and policy responses to RPA in its 2018 Committee Report.[38]
International registration schemes are also relevant given the proposed levy
can also be imposed on operators seeking permission to operate RPA and model
aircraft registered overseas (see Key Issues and Provisions section below).
United
Kingdom
The UK has implemented mandatory RPA registration
requirements known as the Drone and
Model Aircraft Registration and Education Service.[39]
There are two elements to the mandatory system:
- anyone responsible for a drone or model aircraft weighing between 250 g
and 20 kg must register to get an operator ID—the cost for this is £9 renewable annually
and
- anyone flying a drone or model aircraft weighing between 250 g and
20 kg must pass an online theory test to get
a flyer ID—this is free and renewable every three years. All of the knowledge
needed to pass the test is in the Drone and Model Aircraft
Code.[40]
An operator must also label any drones and model aircraft
they are responsible for with their operator ID.[41]
Organisations, such as businesses, schools, colleges,
universities, voluntary organisations, clubs and charities can register for an
Operator ID; only people with a valid flyer ID may fly the organisation’s
drones or model aircraft.[42]
Separate rules appear to apply to the use of drones or
model aircraft for commercial use.[43]
United
States
CASA’s Review of Aviation
Safety Regulation of Remotely Piloted Aircraft Systems published in May 2018
considered the United States’ RPA licencing regime:
The United States of America (USA) has two systems for
registration, depending on the activity the RPA will be used for. A person
flying solely for recreation or hobby must register the RPA under the ‘Special Rule for
Model Aircraft – Section 226’ requirements where its weight is greater than
250 grams and less than 25 kilograms. Registration is US$5 and is valid for
three years, with the single fee covering all RPA registered by the person
under the model aircraft rule.
A person flying for recreational or commercial use must
register the RPA under the ‘Small UAS Rule – Part
107’ requirements where its weight is greater than 250 grams and less than
25 kilograms. Registration is US$5 per aircraft and is valid for three years.[44]
Drone owners must register and mark their drone with the registration
number received from the Federal Aviation Administration (FAA). In order to
register the drone, the owner must be 13 years of age or older; if the owner is
aged under 13, another person who is at least 13 years old must register the
drone.[45]
Recreational flyers (under the Special Rule for Model
Aircraft – Section 226) appear to be required to pass a knowledge and safety test,
however it is not clear whether this test has been rolled out.[46]
In order to fly the drone under the FAA’s Small UAS Rule—Part
107, a person must obtain a Remote
Pilot Certificate from the FAA.[47]
This appears to vary based on whether the person is a first time pilot or an
existing licence holder. For first time pilots, the person must among other
things be at least 16 years old and pass the initial aeronautical knowledge exam—the
certificate is valid for two years and certificate holders must pass a
recurrent knowledge test every two years.[48]
Canada
Canada has implemented a registration system based on
whether the person is undertaking basic or advanced operations or is operating
a micro drone (under 250 grams) or a drone that weighs more than 25 kilograms.[49]
The following registration requirements apply:
- drones
or RPA with a maximum takeoff weight of 250 g up to and including 25 kg
must be registered—the fee is CAD$5
- drones
over 25 kg do not need to be registered, but require a special flight operations
certificate instead.[50]
Basic operations require:
- the
drone to be registered with Transport Canada before it is flown for the first
time
- the
drone to be marked with its registration number
- the
operator to pass the Small Basic Exam and
- the
operator to be able to show their Basic Operations certificate and proof of
registration when they fly.[51]
The fee for the Small
Basic Exam or the Small
Advanced Exam is CAD$10—additional attempts have the same fee. The person
must be at least 14 years of age to take a Small Basic Exam and 16 years
of age to take a Small Advanced Exam (applicable to advanced operations).[52]
Online exam questions are based on the Knowledge
Requirements for Pilots of Remotely Piloted Aircraft Systems, however,
it is recommended that a drone
flight school course is taken in order to prepare for the exams.[53]
Committee
consideration
Senate Rural
and Regional Affairs and Transport Legislation Committee
The Bills were referred to the Senate Rural and Regional
Affairs and Transport Legislation Committee for inquiry and report by 4
November 2020. Details of the inquiry are at the inquiry
homepage.
The Committee delivered its report Civil
Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation Amendment
(Unmanned Aircraft Levy Collection and Payment) Bill 2020 [Provisions]
on 4 November 2020, in which it recommended that the Senate pass the Bill.[54]
The Committee acknowledged submitters’ concerns about the
uncertainty of the RPA registration fee to be imposed, but ultimately
considered that the levy should be set by regulation so that it can ‘respond to
rapidly evolving technologies and a changeable regulatory environment’:
Regarding the fees themselves, the committee is confident
that the department, in consultation with industry participants, will deliver
on its assurances that the levy charge on RPA operators from 2021 will be 'fair
and commensurate with the services received'. Nevertheless, the committee urges
the department and CASA to consider suggestions from submitters that some RPAs
be exempt or receive special consideration from the unmanned aircraft levy.[55]
Australian
Greens’ Additional Comments
The Australian Greens (the Greens) made additional
comments noting: ‘the reliance [on] delegated legislation for this framework
reflects a concerning pattern’.[56]
Although welcoming the Government’s decision to use disallowable (rather than
non-disallowable) instruments for the proposed scheme, the Greens echoed the
concerns of the Centre for Public Integrity on the expanding use of delegated
legislation, particularly in the case of non-disallowable instruments.[57]
Senate
Standing Committee for the Scrutiny of Bills
The Senate Standing Committee for the Scrutiny of Bills
(Scrutiny Committee) has raised concerns with elements of both Bills. In
relation to the Collection Bill, the Scrutiny Committee has requested the
Minister’s advice in relation to certain matters.[58]
The Committee received the Minister’s response and subsequently reported again.[59]
The Scrutiny Committee’s concerns are discussed in the key
issues and provisions section of this Digest.
Policy
position of non-government parties/independents
The Australian Labor Party (ALP) and Greens Senators
formed part of the Committee inquiry which recommended that the Bill be passed;
accordingly, it would appear that they support the Bill.[60]
Position of
major interest groups
CASA’s
consultation on the regulation of RPA and model aircraft and the proposed levy
generated significant stakeholder interest. CASA’s consultation on the measures
in January 2019 resulted in 2,854
published responses.[61]
The majority of respondents were recreational drone owners or pilots and model
aircraft owners and pilots; a quarter of respondents were commercial operators.[62]
According to the Summary
of Consultation: ‘[o]nly a small section of the respondents agreed with
charging a registration fee. Most did not see any benefits or return on
investment to paying a fee’.[63]
Stakeholder submissions to the Committee’s current inquiry
into the Bill appear to generally support an RPA registration scheme.[64]
However, there is significant concern about the potential levy and the levy
basis.[65]
Stakeholders have expressed concern that a high registration fee per RPA may:
- act
as a deterrent to register RPA and may compromise safety outcomes[66]
- be
prohibitive for some operators[67]
and
- stifle
innovation in the sector.[68]
Registration
fee
The lack of clarity around the fees has, according to DJI,
‘already caused concern in the drone community’.[69]
While welcoming the fee-free registration period, some stakeholders submitted that
the proposed registration fees that CASA originally consulted on are too
high—in January 2019 CASA consulted on the following registration fees:
- recreational
RPA—$20 or less for annual registration per person
- commercial
RPA—between $100 to $160 per RPA per year.[70]
For example, the Australian Association for Unmanned
Systems (AAUS) submitted that such a cost ‘will have a serious impact on the
viability of the sector’.[71]
Ausfilm also expressed concern that the levy has the potential to be an
unreasonable imposition on commercial operators and took the view that any levy
should be minimal.[72]
The RPAS
Registration and Accreditation Technical Working Group (TWG) represented
RPA users throughout the drone registration and accreditation system development
process and its reports were provided to the Aviation
Safety Advisory Panel (ASAP).[73]
The TWG and ASAP views are summarised by CASA:
The TWG generally supported the framework and the need for
such a scheme. However, it advised the ASAP that it was unable to support this
proposed scheme, primarily due to the impact of the high registration cost. The
TWG considered that this high cost would likely result in a low registration
uptake from drone operators and therefore result in the scheme failing.
Further, there was concern that the cost of enforcement would likely negate any
cost-recovery CASA was trying to achieve.
Whilst considering the TWG advice, the ASAP generally
supported the proposed drone registration and accreditation scheme, however
strongly encouraged CASA to consider reducing the cost to encourage compliance
and achieve the associated safety outcomes. The ASAP noted the significant challenge
that CASA faced in implementing this scheme due to large number of RPA
operators and was encouraged by the work that CASA was undertaking through the
‘Service Delivery Transformation’ project to enable electronic transactions.[74]
Similarly, Fiona Lake, operator of the Rural Drone Academy,
considers that ‘charging no fees for registration will encourage the greatest
number of drones to be registered’ but nevertheless nominates a one-off $20
nominal registration fee irrespective of whether it is a commercial or
recreational user.[75]
Conversely, Domino’s Pizza Enterprises Ltd (Domino’s)
takes the view that ‘a registration fee is an equitable format of levy’ and a
registration fee of between $0 and $300 is proportionate for commercial usage.[76]
However, Domino’s ‘submits there is a public good in waiving registration
fees...for non-commercial users’.[77]
Basis of
registration fee
Some stakeholders view the proposal to impose the levy on
a per-drone basis as inequitable and are concerned that it may drive non-compliance.[78]
As an alternative, Victorian UAS (VUAS) considers that registration fees should
be based on the amount of hours the RPA is flown, or failing that, a flat-rate
organisation-based fee should be imposed.[79]
ACUO also supports an entity based levy.[80]
VUAS and Fiona Lake also considered that registration
requirements should be imposed at the point-of-sale rather than relying on
voluntary compliance.[81]
Cost-recovery
model and CASA resourcing
AAUS questioned the use of a cost-recovery model in an emerging
industry. While of the view that, in the long term, it is appropriate to trend
towards 100 per cent cost-recovery, it considered that the industry cannot
currently bear the entire cost.[82]
Noting that CASA’s funding is largely tied to excise raised on aviation fuel,
AAUS is of the view that: ‘CASA needs to find additional resources (or delegate
authority as appropriate)’.[83]
Similarly, DJI noted that the registration fees would be used in part to
cross-subsidise other aspects of RPA regulation, such as the accreditation
regime, and considered this to be inappropriate.[84]
Financial
implications
The Explanatory Memorandum to the Bills states: ‘This Bill
has no financial impact on the Commonwealth. The unmanned aircraft levy will
recover the full cost of relevant unmanned aircraft services.’[85]
However, as discussed in the key issues and provisions
section below, there will be no levy charged for the remainder of this
financial year. The Department of Infrastructure, Transport, Regional
Development and Communications noted in its submission to the Committee inquiry
into the Bills that a zero dollar figure was set for this initial period ‘[d]ue
to the challenges facing the aviation and drone industry as a result of
COVID-19, and the relative infancy of the RPA sector’.[86]
It is unclear what financial impact this may have on the Commonwealth. The 2020–21
Portfolio
Budget Statement for the
Infrastructure, Transport, Regional Development and Communications Portfolio
noted that CASA has been provided with additional funding:
In addition to CASA’s appropriation for 2020-21 of $40.5
million, the Government has provided ... a further $72.9 million in Government
appropriation. In addition, another $99.7 million in Government appropriation
has been provided for the forward years. This additional appropriation is to
offset reductions in aviation fuel excise due to unprecedented low demand for
domestic flights and aviation fuel and reduced regulatory income as a result of
waiver of fees to support the aviation industry as a result of the COVID-19
pandemic.[87]
A RIS was prepared to accompany the introduction of the
regulatory framework to establish a registration and accreditation scheme for
RPA.[88]
In relation to the costs associated with registration and accreditation of an
RPA, the RIS provides the following estimate of costs to recreational and
commercial operators:
The total cost over 10 years for Option 2 is estimated at
$12.63m that consists of an estimated cost of $5.95m for recreational operators
and $6.68m for commercial operators. This results in a 10-year annualised cost
of $1.26m.[89]
Special
appropriation
Item 2 of Schedule 1 of the Collection Bill
inserts proposed section 46A into the Civil Aviation Act. Proposed
subsection 46A(1) requires the Commonwealth to pay amounts equal to the
levy collected by CASA, the purpose of which is to reimburse CASA for its
regulatory activities associated with the registration and administration of
RPA.[90]
It is proposed that the Consolidated Revenue Fund will be appropriated for the
purposes of paying these amounts to CASA under proposed subsection 46A(4)
of the Civil Aviation Act.
Statement of Compatibility with Human Rights
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the
Bills’ compatibility with the human rights and freedoms recognised or declared
in the international instruments listed in section 3 of that Act. The
Government acknowledges the Imposition Bill engages various human rights but considers
that the Bill is compatible. The Government considers that the Collection Bill does
not engage any of the applicable rights.[91]
Parliamentary
Joint Committee on Human Rights
The Parliamentary Joint Committee on Human Rights had no
comment on the Bills.[92]
Key issues
and provisions
Imposition
of unmanned aircraft levy
Clause 5 of the Imposition Bill imposes the unmanned
aircraft levy—this term is defined by reference to the RPA and model
aircraft levy payable on application for registration under the CASR or, in the
case of RPA or model aircraft registered under the law of a foreign country, on
application under the Part 101 (Unmanned
Aircraft and Rockets) Manual of Standards for permission to operate or
conduct operations using the aircraft.[93]
The amount of the levy will be prescribed by the
regulations; it must not be more than $300 and may be $0.[94]
Item 4 of Schedule 1 to the Collection Bill inserts proposed paragraph
98(3)(w) into the Civil Aviation Act, the purpose of which is to
confirm that the Governor‑General may make Regulations under the Act for,
or in relation to, the circumstances in which the unmanned aircraft levy is
payable and for the collection of the levy.
Scrutiny
Committee concerns
The Scrutiny Committee has raised concerns that both the
amount of the levy and the circumstances in which the levy is paid and
collected can be set by regulation.
In relation to the amount of the levy, the Scrutiny
Committee has expressed its concern that the rate of the levy may be set by
regulation (up to $300), noting that: ‘[o]ne of the most fundamental functions
of the Parliament is to impose taxation (including levies). The committee’s
consistent scrutiny view is that it is for the Parliament, rather than makers
of delegated legislation, to set a rate of tax’ and that further guidance on
the method of calculation could be included in the primary legislation.[95]
The Scrutiny Committee:
- drew
its scrutiny concerns to the attention of senators and left to the Senate as a
whole the appropriateness of allowing the amount of unmanned aircraft levy to
be prescribed in delegated legislation, as opposed to being prescribed on the
face of the Bill and
- drew
this matter to the attention of the Senate Standing Committee for the Scrutiny
of Delegated Legislation.[96]
In relation to the use of regulations to prescribe the
circumstances in which the levy is payable and collected, the Scrutiny
Committee ‘is concerned that the explanatory memorandum fails to justify why it
is necessary and appropriate to leave virtually all of the details of the
operation of the proposed unmanned aircraft levy scheme to delegated
legislation’.[97]
The Committee requested the Minister’s advice as to:
- why
it is necessary and appropriate to leave the circumstances in which the
proposed unmanned aircraft levy is payable, and the collection of the levy
payments, to delegated legislation and
- whether
the Collection Bill can be amended to prescribe at
least broad guidance in relation to these matters on the face of the primary
legislation.[98]
The Minister subsequently advised that due to the
difficulty in predicting the potential number of unmanned aircraft registrants,
a regulatory mechanism that ‘allows for greater responsiveness’ is necessary.
The Minister also noted that the Regulations would be subject to disallowance
by Parliament. The Minister concluded that ‘[g]iven the complex and dynamic
nature of this industry, and noting the oversight mechanisms available to
Parliament, the use of delegated legislation remains appropriate’.[99]
The Committee, whilst noting the Minister’s explanation,
emphasised its longstanding view that administrative flexibility or convenience
is not sufficient justification for leaving significant regulatory details to
delegated legislation. The Committee again drew its concerns to the Senate and
the Senate Standing Committee for the Scrutiny of Delegated Legislation.[100]
In effect, on the face of the Bill it is not clear who
will be liable to pay the levy (for example will the operator of the relevant
RPA or the owner be liable for payment?) and how the relevant levy will be
calculated (for example, by reference to category/weight of the RPA or the use
of the RPA or otherwise). The Government has not yet finalised an amount for
the levy, and intends to do so following further data becoming available:
Changes to the levy will be based on evidence collected from
the registration scheme data, which will provide vital information regarding
the size, scope and needs of the RPA industry, and inform the estimated cost
required by CASA to deliver RPA safety regulatory services. The Government will
ensure that the levy charged on RPA operators is fair and commensurate with the
services received.[101]
Key issue:
how much will RPA registration cost?
In line with the Australian
Government Charging Framework, registration of RPA and model aircraft is a
cost recoverable activity.[102]
The Australian Government Charging Framework is a policy that covers activities
where the Government charges the non-government sector for a specific
government activity (such as regulatory activities).[103]
Where the Government has made a decision to recover some or all of the costs of
regulating a sector, the activities are then subject to the Australian
Government Cost Recovery Guidelines.[104]
A Cost Recovery Implementation Statement (CRIS) then provides the basis for
engagement with the sector on various charging aspects of the activity and
provides information on how charging (on a cost recovery basis) for a specific
government regulatory activity is implemented.[105]
CASA has not yet provided a final figure on how much it
will cost to register RPA and model aircraft. In Proposed
new Remotely Piloted Aircraft (RPA) Registration and RPA Operator Accreditation
Scheme released in January 2019, CASA consulted on the following fee
structure:
- recreational
RPA—$20 or less for annual registration per person
- commercial
RPA—between $100 to $160 per RPA per year.[106]
According to CASA’s Summary of
Consultation: ‘[o]nly a small section of the respondents agreed with
charging a registration fee. Most did not see any benefits or return on
investment to paying a fee’.[107]
CASA subsequently released the Remotely
Piloted Aircraft Systems: Cost Recovery Implementation Statement: Draft for Consultation.
CASA has since confirmed that from 30 September 2020 until 30 June 2021
the new RPA registration levy will be set at $0.[108]
This only applies to commercial RPA as recreational RPA and model aircraft do
not need to register until May 2022.[109]
CASA also released a revised pricing scheme for services associated with RPA.[110]
However no details around what RPA registration would cost beyond 2020–21 were
provided; as noted above the Government intends to wait for further data to be
available from the new registration scheme.
According to CASA the ‘Australian Government will
reconsider the pricing of the charge in early 2021’ and ‘[t]he
registration levy for recreational drones and model aircraft will be consulted
in the future’.[111]
Accreditation will be free ‘so as not to inhibit uptake of
the initiative by RPAS users’.[112]
Given the proposed levy is payable on application for
registration of a RPA or model aircraft, or on application for permission to
operate foreign registered RPA and model aircraft, it appears that the levy is
intended to recover the cost of these specific regulatory activities. However,
the levy could notionally also be used to cost recover other activities in
relation to the regulation of RPA (for example, the cost of administering the
new accreditation system accompanying the registration requirements).
Cost recovery
provisions
As the unmanned aircraft levy is being imposed for the
purposes of cost-recovering CASA’s regulatory expenses in relation to the
registration of an RPA or model aircraft, proposed section 46A is
inserted into the Civil Aviation Act. As noted above under the heading
‘special appropriations’ the Commonwealth will be required to pay CASA the
amounts equal to the amounts of unmanned aircraft levy it collects.[113]
State and Territory
property
Section 114 of the Constitution
prevents, among other things, the Commonwealth from taxing ‘property of any kind
belonging to a State’ and vice versa. Clause 7 of the Imposition Bill
confirms that the levy is not imposed on ‘property of any kind belonging to a
State’ to the extent that RPA and model aircraft fall within the scope of the
constitutional phrase. Clause 7 also extends this constitutional
protection (for the purposes of the levy) to the property of the Australian
Capital Territory and Northern Territory.[114]
[1]. Explanatory
Memorandum, Civil Aviation (Unmanned Aircraft Levy) Bill 2020 [and] Civil
Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020,
p. 1; Department of Finance (DoF), ‘Australian
Government Charging Framework’, DoF website, updated 27 July 2020.
[2]. Civil Aviation Safety
Amendment (Remotely Piloted Aircraft and Model Aircraft – Registration and
Accreditation) Regulations 2019 (RPA Regulations), table item 2 in section
2; Civil Aviation
Safety Amendment (Remotely Piloted Aircraft and Model Aircraft— Registration
and Accreditation) Regulations 2019 Commencement Determination 2020,
section 3.
[3]. Explanatory
Statement, Civil Aviation Safety Amendment (Remotely Piloted Aircraft and
Model Aircraft—Registration and Accreditation) Regulations 2019, p. 8–9.
[4]. The
RPA Regulations
were originally made on 25 July 2019 (Civil
Aviation Safety Amendment (Remotely Piloted Aircraft and Model
Aircraft—Registration and Accreditation) Regulations 2019) and
subsequently amended on 17 October 2019 by the Civil Aviation Safety
Amendment (Remotely Piloted Aircraft and Model Aircraft—Registration and
Accreditation) Regulations (No. 2) 2019 to change certain commencement
and application dates. The RPA Regulations were automatically repealed on 1 October
2020 (see Division 1, Part 3 of Chapter 3 of the Legislation Act
2003)—the amendments these Regulations made have now been incorporated
into the Civil
Aviation Safety Regulations 1998 (CASR) and are in effect.
[5]. These
terms are defined in section 101.022 of the Civil Aviation Safety
Regulations 1998 (CASR).
[6]. Civil
Aviation Safety Authority (CASA), ‘Drone registration’, CASA
website, last modified 2 October 2020; CASR, section 47.096A. Subsection 47.015(1)
of the CASR requires aircraft to be registered unless they are exempt. Section 47.096
of the CASR sets out which RPAs are covered by Division 47.C.2—this includes a
medium RPA; small RPA; very small RPA; micro RPA; and model aircraft—these
terms are defined in sections 101.021 to 101.023. Large RPA are also required
to be registered under subsection 47.015(1) and are covered by Division 47.C.1
of the CASR.
[7]. CASA,
‘Registration
and accreditation’, CASA website; CASR, section 47.096A. Subsection
47.015(1) of the CASR requires model aircraft to be registered; the relevant
registration requirements are contained in Division 47.C.2. Model aircraft is
defined in section 101.023 of the CASR. RPA flown for sport or recreation with
a gross weight of no more than 150kg are considered to be ‘model aircraft’ for
the purpose of the CASR—see definition of ‘model aircraft’ in
section 101.023 which appears to include ‘drones’ that are operated for sport
and recreation and have a gross weight of not more 150kg. Under paragraph 47.015(1)(f)
and subsection 47.015(1A) of the CASR, a model aircraft is required to
be registered unless it is a glider; it has a gross weight of no more
than 250 g; or it has a gross weight of more than 250g and is only operated indoors
and/or at an approved airfield.
[8]. CASR,
sections 47.097 and 47.099.
[9]. CASA,
‘Drone registration’, op.
cit.; CASR, sections 202.230 and 202.229 —the RPA application day
is 28 January 2021, see: CASA 44/20 – Remotely
Piloted Aircraft – RPA Application Day Determination 2020, section 3.
[10]. CASA,
‘Registration
and accreditation’, op. cit.; CASR, section 202.231 and section 202.229,
definition of ‘model aircraft stage 2 application day’.
[11]. CASA,
‘Registration
and accreditation’, op. cit.; CASR, subsection 101.374B(2).
[12]. CASA,
‘Operator
accreditation’, CASA website, last modified 2 October 2020; CASR, section 101.374B.
Excluded RPA are RPA that are excluded from needing a remote pilot licence
(RePL) or remotely piloted
aircraft operator’s certificate (ReOC) even if used commercially. Excluded
RPA are defined at section 101.237 of the CASR. For example, small RPA (more
than 2kg but no more than 25kg) are considered excluded RPA if conducting
operations such as aerial spotting, certain agricultural operations and
carriage of cargo over land owned or occupied by the owner of the RPA. For more
information see: CASA, ‘Excluded category and
micro RPA’, CASA website, last modified 14 October 2020.
[13]. CASA,
‘Registration
and accreditation’, op. cit.; CASR, subsection 101.374B(3)
[14]. CASR,
paragraph 101.374E(2)(a).
[15]. Ibid.,
proposed subsection 101.374B(4).
[16]. CASA,
‘Operator
accreditation’, op. cit.; CASR, sections 101.374E and 101.374F.
[17]. CASR, paragraph 101.374G(b).
[18]. CASA,
‘Operator
accreditation’, op. cit.; CASR, sections 202.465
and 202.229—the RPA application day is 28 January 2021, see: CASA 44/20 – Remotely
Piloted Aircraft – RPA Application Day Determination 2020, section 3.
[19]. CASA,
‘Registration
and accreditation’, op. cit.; CASR, subsection 202.466(5) and section
202.229, definition of ‘model aircraft stage 2 application day’.
[20]. CASR,
section 101.099.
[21]. Explanatory
Statement, op. cit., p. 6.
[22]. Ibid.,
p. 10.
[23]. Ibid.,
pp. 6 and 8.
[24]. Ibid.,
pp. 6 and 24.
[25]. Ibid.,
pp. 8 and 24.
[26]. Ibid.,
p. 9.
[27]. Ibid.,
pp. 6–7.
[28]. Senate
Rural and Regional Affairs and Transport References Committee, Current and future
regulatory requirements that impact on the safe commercial and recreational use
of Remotely Piloted Aircraft Systems (RPAS), Unmanned Aerial Systems (UAS) and
associated systems, Senate, Canberra, July 2018, p. 1.
[29]. Ibid.
[30]. Ibid.,
pp. xiii–xv.
[31]. Ibid.,
pp. xiii–xiv.
[32]. Australian
Government response to the Senate Standing Committee on Rural and Regional
Affairs and Transport report: Regulatory requirements that impact on the safe
use of Remotely Piloted Aircraft Systems, Unmanned Aerial Systems and
associated systems, November 2018, pp. 4 and 10.
[33]. Ibid.,
p. 4.
[34]. CASA,
Discussion
paper: review of RPAS operations, CASA, Canberra, August 2017. CASA
received 910 responses, and was given permission
to publish 598.
[35]. CASA,
Review of
aviation safety regulation of remotely piloted aircraft systems, CASA,
Canberra, May 2018, p. 4.
[36]. CASA,
Proposed new
remotely piloted aircraft (RPA) registration and RPA operator accreditation
scheme, CASA, [Canberra], January 2019.
[37]. Explanatory
Statement, op. cit., p. 19.
[38]. Senate
Rural and Regional Affairs and Transport References Committee, Current and
future regulatory requirements, op. cit., pp. 33–38.
[39]. Civil
Aviation Authority [United Kingdom] (CAA), ‘Drone
and model aircraft registration and education service’, CAA website, last
updated 5 November 2019.
[40]. CAA,
‘Flying drones and model aircraft’,
CAA website; CAA, ‘Registering
yourself to use a drone or model aircraft’, CAA website.
[41]. CAA,
‘Labelling
your drone or model aircraft’, CAA website.
[42]. CAA, ‘Register an
organisation to use drones or model aircraft’, CAA website.
[43]. CAA,
‘Flying drones and model aircraft’,
CAA website; CAA, ‘Regulations
relating to the commercial use of small drones’, CAA website.
[44]. CASA,
Review of
aviation safety regulation of remotely piloted aircraft systems, op.
cit., pp. 12–13.
[45]. Federal
Aviation Administration [United States] (FAA), ‘Register your drone’,
FAA website, last modified 16 September 2020. The person must also be a US
citizen or legal permanent resident.
[46]. FAA,
‘Aeronautical
knowledge and safety test updates’, FAA website, last modified 9 December
2019; FAA, ‘Recreational
flyers and modeler community-based organizations’, FAA website, last
modified 25 September 2020. The FAA notes on this webpage that it is working
with stakeholders to develop administration requirements for the test.
[47]. FAA,
‘Become
a drone pilot’, FAA website, last modified 4 August 2020.
[48]. Ibid.
[49]. Transport
Canada (TC), ‘Find
your category of drone operation’, TC website, last modified 19 June 2020.
[50]. TC,
‘Registering
your drone: overview’, TC website, last modified 9 January 2020; TC ‘Get
permission for special drone operations’, TC website, last modified 14
October 2020. Drones under 250 g do not need to be registered.
[51]. TC,
‘Find
your category of drone operation’, TC website, last modified 19 June 2020;
TC, ‘Take
a drone pilot online exam: Small Basic Exam’, TC website, last modified 28
May 2020; TC, ‘Registering
your drone: overview’, TC website, last modified 9 January 2020. Basic
operations are those operations which meet all of the following
criteria—the drone is: flown in uncontrolled airspace; flown more than 30
metres horizontally from bystanders and never flown over bystanders. Advanced
operations require: the drone to be registered with Transport Canada before
it is flown for the first time; the drone to be marked with its registration
number; the operator to pass the Small Advanced Exam;
the operator to be able to show their Advanced Operations certificate and proof
of registration when they fly; the operator to seek permission from air traffic
control to fly in controlled airspace; and the drone to be flown within its
operational limits.
[52]. TC,
‘Take
a drone pilot online exam: Small Basic Exam’, op. cit.; TC, ‘Take
a drone pilot online exam: Small Advanced Exam’, TC website, last
modified 28 May 2020; TC, Take
a drone pilot online exam: overview’, TC website, last modified 31 May
2019.
[53]. Ibid.;
TC, Knowledge
requirements for pilots of remotely piloted aircraft systems 250 g up to and
including 25 kg, operating within visual line-of-sight (VLOS) , 3rd
edn, TC, Ottawa, 1 June 2019.
[54]. Senate
Rural and Regional Affairs and Transport References Committee, Civil
Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation Amendment
(Unmanned Aircraft Levy Collection and Payment) Bill 2020 [Provisions],
Senate, Canberra, November 2020, p. 15.
[55]. Ibid.
[56]. Australian
Greens, Additional
Comments, Senate Rural and Regional Affairs and Transport References
Committee, Inquiry into Civil Aviation (Unmanned Aircraft Levy) Bill 2020
and Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment)
Bill 2020 [Provisions], The Senate, Canberra, November 2020, p. 17.
[57]. Ibid.
[58]. Senate Standing Committee for the Scrutiny of Bills, Scrutiny digest, 11, 2020, 2
September 2020, p. 2.
[59]. Senate
Standing Committee for the Scrutiny of Bills, Scrutiny digest, 13, 2020, 7
October 2020, pp. 18–19.
[60]. Senate
Rural and Regional Affairs and Transport References Committee, Civil
Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation Amendment (Unmanned
Aircraft Levy Collection and Payment) Bill 2020 [Provisions], op. cit.,
pp. iii, 15, 17.
[61]. CASA,
‘Proposed
new remotely piloted aircraft (RPA) registration and RPA operator accreditation
scheme’, op. cit.
[62]. CASA,
RPA registration
and accreditation: summary of consultation, CASA, [Canberra], 30 July
2019, p. 5.
[63]. Ibid.,
p. 12.
[64]. See
for example: Australian Association for Unmanned Systems (AAUS), Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 11], 29 September 2020, p. 2; Domino’s Pizza
Enterprises Ltd (Domino’s), Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 22], p. 1; DJI, Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 23], 30 September 2020, p. 2.
[65]. See
for example: DJI, Submission,
op. cit., p. 2; AAUS, Submission,
op. cit., pp. 3–4; Association of Australian Certified UAV Operators (ACUO), Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 24], 30 September 2020, p. 5.
[66]. See
for example: AAUS, Submission,
op. cit., pp. 3–4.
[67]. Ausfilm,
Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 20], 30 September 2020, pp. 1–2.
[68]. Ibid;
AAUS, Submission,
op. cit., pp. 2–3.
[69]. DJI,
Submission,
op. cit., p. 2 (according to its submission, DJI is ‘the world’s largest
civilian drone manufacturer’); Swoop Aero, Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 28], 13 September 2020, p. 2.
[70]. CASA,
Proposed new
remotely piloted aircraft (RPA) registration and RPA operator accreditation
scheme, op. cit., p. 15; CASA, RPA registration
and accreditation: summary of consultation, op. cit., p. 3.
[71]. AAUS,
Submission,
op. cit., p. 2.
[72]. Ausfilm,
Submission,
op. cit., p. 1.
[73]. CASA,
‘RPAS
registration and accreditation TWG’, CASA website, last modified 7 August
2019; CASA, ‘Aviation
Safety Advisory Panel’, CASA website, last modified 27 August 2020—The
Aviation Safety Advisory Panel (ASAP) is the primary advisory body through
which CASA directs its engagement with industry and seeks input on current and
future regulatory and associated policy approaches.
[74]. CASA,
RPA registration
and accreditation: summary of consultation, op. cit., pp. 20–21.
[75]. F
Lake, Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 30], pp. 1 and 3.
[76]. Domino’s,
Submission,
op. cit., p. 1.
[77]. Ibid.,
p. 2.
[78]. AAUS,
Submission,
op. cit., p. 4.
[79]. Victorian
UAS (VUAS), Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 27], p. 1.
[80]. ACUO,
Submission,
op. cit., p. 5.
[81]. VUAS,
Submission,
op. cit., p. 1; Lake, Submission,
op. cit., pp. 1 and 3.
[82]. AAUS,
Submission,
op. cit., p. 3.
[83]. Ibid.,
pp. 4–5.
[84]. DJI,
Submission,
op. cit., p. 3.
[85]. Explanatory
Memorandum, op. cit., p. 2.
[86]. Department
of Infrastructure, Transport, Regional Development and Communications (DITRDC),
Submission
to the Senate Standing Committee on Rural and Regional Affairs and Transport, Inquiry
into the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and Civil Aviation
Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020
[Provisions], [Submission no. 18], p. [2].
[87]. Australian
Government, Portfolio
budget statements 2020-21: budget related paper no. 1.10: Infrastructure,
Transport, Regional Development and Communications Portfolio, p. 261.
Apart from Government appropriation and regulatory services fees, CASA also
received funding from a 3.556 cents per litre excise on aviation fuel consumed
by domestic aircraft.
[88]. Explanatory
Statement, op. cit., p. 2 (see pp. 6–28 for the RIS).
[89]. Ibid.,
pp. 16 and 26.
[90]. Section
81 of the Constitution
provides that all revenues or moneys raised or received by the Executive
Government of the Commonwealth shall form one Consolidated Revenue Fund.
Further, section 83 of the Constitution provides that no money shall be
drawn from the Treasury of the Commonwealth except under appropriation made by
law.
[91]. The
Statement of Compatibility with Human Rights can be found at pages 3–6 of the Explanatory
Memorandum to the Bill.
[92]. Parliamentary Joint
Committee on Human Rights, Human rights
scrutiny report, 11, 2020, 24 September 2020, p. 81.
[93]. Clause
4 of the Imposition Bill, definition of ‘unmanned aircraft levy’.
The Part 101
Manual of Standards (Miscellaneous Amendments) Instrument 2020 (No. 1)
(tabled in both Houses of Parliament on 6 October 2020) amends the Part 101 of
Manual of Standards to insert the requirements around obtaining permission to
operate foreign registered RPA or model aircraft. As of the date of writing
this Digest, these amendments had not yet been incorporated.
[94]. Clause
6 of the Imposition Bill. Clause 8 of the Imposition Bill enables
the Governor-General to make regulations required or permitted by the Bill or
necessary or convenient for carrying out or giving effect to the Bill.
[95]. Senate Standing Committee for the Scrutiny of Bills, Scrutiny digest, 11, 2020, op.
cit., p. 3.
[96]. Ibid.,
p. 4.
[97]. Ibid.,
p. 2.
[98]. Ibid., p. 2.
[99]. Senate Standing Committee for the Scrutiny of Bills, Scrutiny digest, 13, 2020, op.
cit., pp. 18–19.
[100]. Ibid.,
p. 19.
[101]. DITRDC,
Submission,
op. cit. p. [2].
[102]. Explanatory
Memorandum, op. cit., p. 1.
[103]. DoF,
‘Australian
Government Charging Framework’, op. cit.
[104]. DoF,
‘Charging
activities’, DoF website, last updated 12 August 2020.
[105]. DoF,
‘Charging
for regulatory activities (cost recovery)’, DoF website, last updated 17
June 2020.
[106]. CASA,
Proposed new
remotely piloted aircraft (RPA) registration and RPA operator accreditation
scheme, op. cit., p. 15; CASA, RPA registration
& accreditation: summary of consultation, op. cit., p. 3.
[107]. CASA,
RPA registration
& accreditation: summary of consultation, op. cit., p. 12.
[108]. CASA,
‘Proposed
charges for drone, or remotely piloted aircraft, regulatory services’, CASA
website, feedback updated 28 September 2020; CASA, Remotely
piloted aircraft systems: cost recovery implementation statement: draft for
consultation, CASA, [Canberra], [2019], p. 5.
[109]. CASA,
Remotely
piloted aircraft systems: cost recovery implementation statement, op.
cit., p. 5; See definition of model aircraft stage 2 application day in
section 202.229 the CASR.
[110]. CASA,
‘Proposed
charges for drone, or remotely piloted aircraft, regulatory services’, op.
cit.
[111]. Ibid.
[112]. CASA,
Proposed new
remotely piloted aircraft (RPA) registration and RPA operator accreditation
scheme, op. cit., p. 7; CASA, RPA registration
& accreditation: summary of consultation, op. cit., p. 3.
[113]. Item
2 of Schedule 1 of the Collection Bill.
[114]. Subclause
7(3) of the Imposition Bill.
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