Commonwealth Numbered Acts

AIRCRAFT NOISE LEVY COLLECTION ACT 1995 No. 98 of 1995 - SECT 10

10.(1) If late-payment penalty is payable in relation to levy on a landing,
the Secretary may remit some or all of the late-payment penalty in any of the
following cases:

   (a)  the Secretary is satisfied that the operator of the jet aircraft that
        made the landing did not contribute to the delay in payment and has
        taken reasonable steps to mitigate the causes of the delay;

   (b)  the Secretary is satisfied that:

        (i)    the operator contributed to the delay but has taken reasonable
               steps to mitigate the causes of the delay; and

        (ii)   having regard to the nature of the things that caused the
               delay, it would be fair and reasonable to remit some or all of
               the penalty;

   (c)  the Secretary is satisfied that there are special circumstances that
        make it reasonable to remit some or all of the penalty.

(2) The operator may apply to the Administrative Appeals Tribunal for review
of a decision of the Secretary.

(3) The Secretary may delegate his or her power under subsection (1) to:

   (a)  a Senior Executive Service officer in the Department; or

   (b)  an officer, member or employee of a Commonwealth authority. The
        delegation must be in writing.

(4) In exercising the delegated power, the delegate is subject to any
directions given by the Secretary.