REPUBLIC OF NAURU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

EXTRAORDINARY

No. 83 4th July, 2011 Nauru

G.N.No. 418 / 2011 

NAURU AIR CORPORATION (PASSENGER LEVY) REGULATIONS 2011

SL No. 5 of 2011

made by Cabinet on 30 June 2011 

Cabinet makes the following regulations under section 46 of the Nauru Air Corporation Act 1995: 

1 Citation 

These regulations may be cited as the Nauru Air Corporation (Passenger Levy) Regulations 2011. 

2 Commencement 

These regulations commence on 4 July 2011. 

3 Definitions

In these regulations: 

'journey' means a journey by air; 

'levy' means the levy mentioned in regulation 4(1); 

'non-scheduled international flight' means an international flight that is not operated as part of a scheduled international air service; 

'scheduled international air service' means a series of flights performed: 

(a) by aircraft for the transport of passengers, cargo or mail on a particular route; and 

(b) on such a regular or frequent basis that the flights constitute a systematic service, whether or not they are performed under a published timetable and open to use by any person; 

'Secretary' means the head of the department responsible for finance; 
'ticketed sector' means an unbroken journey for which a ticket has been issued by the Corporation, but does not include a journey that consists only of travel on: 

(a) a service operated by the Corporation on behalf of another airline or person; or 

(b) a non-scheduled international flight that does not include Nauru as a point of origin or destination. 

Example for definition of 'ticketed sector' 

For example, a ticket issued for a return journey from Nauru to Brisbane and back contains two ticketed sectors: Nauru to Brisbane, and Brisbane to Nauru. 

'transit stop', in relation to a journey, means a stop at which the passenger carried on the journey: 

(a) remains on board the aircraft; or 

(b) disembarks for a short period and remains in transit before reboarding the aircraft; 

'unbroken journey' means a journey that: 

(a) does not include any stops; or 

(b) includes only transit stops. 

4 Passenger levy 

(1) The Corporation must pay to the Republic a levy of $25 in respect of each passenger carried on a ticketed sector. 

(2) The Corporation may recover the levy from the passenger by adding the levy to the price of a ticket. 

5 Accounting for levy

The Corporation must, within 4 weeks after the end of each calendar month, give the Secretary a statement showing:

(a) the total number of passengers carried on ticketed sectors in the month; 

(b) of the passengers mentioned in paragraph (a), the number of passengers in respect of whom no levy is payable; 

(c) the total amount of levy payable by the Corporation in the month; and 

(d) evidence of payment to the Republic of the amount mentioned in paragraph (c).

6 Cabinet may grant exemption 

Cabinet may, by Gazette notice, grant the Corporation an exemption from the requirement to pay the levy in respect of a specified class of persons. 

Examples for regulation 6: 

For regulation 6, examples of a specified class of persons are: full-time students; passengers travelling on a specified route, flight, class of ticket or fare; and passengers travelling at or during a specified period of time. 

7 Levy recoverable as debt to Republic 

The levy may be recovered as a debt due to the Republic. 

8 Repeal and validation 

(1) The Nauru Air Corporation (Passenger Levy) Regulations 2008 are taken to have commenced on 1 July 2008. 

(2) The following Regulations are repealed: 

(a) the Nauru Air Corporation (Passenger Levy) Regulations 2006; and 

(b) the Nauru Air Corporation (Passenger Levy) Regulations 2008. 

9 Savings and transition

(1) In this regulation:

'repealed Regulations' means the Regulations repealed by regulation 8(2). 

(2) Despite regulation 4(1), the levy payable in respect of a passenger travelling on a ticket that was issued before 4 July 2011 is the levy payable under the repealed Regulations.