Possible Legal Challenge Over CAA/FAC Charges

Caa & Fac Face Possible Legal Challenge Over Aviation Charges

The Civil Aviation Authority and the Federal Airports Corporation face a series of constitutional legal challenges in the courts over the fees collected from aircraft operators which do not directly reflect the costs incurred by the Commonwealth.

If successful, the challenges would replace the FAC’s policy of charging different landing fees, which influence and effectively control when small aircraft use FAC primary airports. A successful challenge would also require both the CAA and FAC to relate aeronautical charges directly to their costs.

This article cannot exhaustively analyse the constitutional arguments about the charges imposed under various pieces of legislation. What it will do is concentrate on specific provisions of the CAA Act and the FACAct and provide a brief insight into possible areas of review and what type of analysis the court may undertake.

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