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Civil Aviation (Amendment) Act 2005

SOLOMON ISLANDS

THE CIVIL AVIATION (AMENDMENT) ACT 2005

(NO. 5 OF 2005)

Passed by the National Parliament this twenty-eighth day of July, 2005.

Assented to in Her Majesty's name and on Her Majesty's behalf this sixth day of September, 2005.

Nathaniel Rahumaea Waena
Governor-General

Date of commencement: date of publication in the Gazette.

AN ACT TO AMEND THE CIVIL AVIATION ACT (CAP. 47).

ENACTED by the National Parliament of Solomon Islands.

THE CIVIL AVIATION (AMENDMENT) ACT 2005

ARRANGEMENT OF SECTIONS

SECTION:

l. SHORT TITLE AND COMMENCEMENT
2. NEW SECTIONS

24A. AVIATION SPECIAL FUND

24B. MONEY OF AVIATION SPECIAL FUND

24C. PURPOSES FOR WHICH MONEY HELD IN AVIATION SPECIAL FUND MAY BE EXPENDED

24D. APPLICATION OF PUBLIC FINANCE AND AUDIT ACT TO AVIATION SPECIAL FUND

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Short title and commencement

1. (1) This Act may be cited as the Civil Aviation (Amendment) Act 2005.

(2) This Act shall come into operation on the date fixed by the Minister by notice in the Gazette.

New sections (Cap. 47)

2. The Civil Aviation Act is amended by inserting after section 24 the following:

"Aviation Special Fund

24A. (1) There is a Special Fund for operating, developing and maintaining aviation infrastructure and facilities in Solomon Islands in accordance with international safety standards.

(2) The Special Fund –

(a) is a Special Fund within the meaning of section 100(2) and (3) of the Constitution; and

(b) shall be known as the Aviation Special Fund.

(3) The Aviation Special Fund shall be controlled and managed by the Permanent Secretary of the Department administering this Act.

(4) Subject to sections 24B and 24C, the Minister responsible for administering the Public Finance and Audit Act shall give directions to the Permanent Secretary of the Department administering this Act for the control and management of the Aviation Special Fund.

(Cap 120)

(5) Without limiting the Minister's power to give directions under subsection (4), directions given under that subsection may –

(a) specify the manner in which payments from the money held in the Aviation Special Fund are to be made; and

(b) specify the purposes for which the money held in the Aviation Special Fund may be expended.

(6) The Permanent Secretary to the Department administering this Act shall comply with the Minister's directions given under subsection (4).

Money of Aviation Special Fund

24B. (1) All air navigation fees paid under regulation 4 of the Air Navigation (Fees) Regulation in respect of aircraft that operate within the airspace above the territory of Solomon Islands classified under that regulation as Class A shall be appropriated from the Consolidated Fund into the Aviation Special Fund.

(Cap 120)

(2) The Aviation Special Fund may receive money from other sources in accordance with section 21(1) of the Public Finance and Audit Act.

Purposes for which money held in Aviation Special Fund may be expended

24C. (1) The money held in the which held in Aviation Special Fund may be expended only for Special ay be purposes directly relating to operating, developing expended and maintaining aviation infrastructure and facilities in Solomon Islands in accordance with international safety standards.

(2) The purposes for which the money held in the Aviation Special Fund may be expended under subsection (1) include the following:

(a) development and maintenance of airside infrastructure and facilities of international and provincial airports in Solomon Islands;

(b) development and maintenance of landside infrastructure and facilities of international and provincial airports in Solomon Islands;

(c) other aviation infrastructure and facilities not referred to in paragraphs (a) and (b) that are necessary for the operation of aviation in Solomon Islands;

(d) payment of financial obligations under international service agreements and other contracts relating to the operation of aviation in Solomon Islands;

(e) payment of membership fees to international, regional and national aviation bodies, including the International Civil Aviation Organisation and United Kingdom Civil Aviation Authority;

(f) development and training of human resources in accordance with international safety standards; and

(Cap. 120)

(g) the purposes (if any) specified, in writing, by the Minister responsible for administering the Public Finance and Audit Act.

(3) In subsection (2) -

'airside infrastructure and facilities' means infrastructure and facilities on the part of an airport where members of the public who are not travelling on a plane are not authorised to access;

'landside infrastructure and facilities' means infrastructure and facilities on the part of an airport where members of the public who are not travelling on a plane are authorised to access.

Application of Public Finance and Audit Act to Aviation Special Fund

24D. (1) Sections 5(3) and 21(1) and (3) of the Public Finance and Audit Act apply, and have effect, to and in relation to the Aviation Special Fund as if the references in those provisions to Special Funds include a reference to the Aviation Special Fund.

(Cap 120)

(2) Section 38(l)(a)(v) and (2)(a) of the Public Finance and Audit Act applies, and has effect, to require that signed statements of account be prepared and transmitted to the Auditor-General in respect of the Aviation Special Funds include a reference to the Aviation Special Fund."

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