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Civil Aviation (Passenger Service Charge) Regulations 1996

LAWS OF TONGA

CIVIL AVIATION (PASSENGER SERVICE CHARGE) REGULATIONS 1996

GS 5C of 1996

CIVIL AVIATION ACT 1990

In exercise of the powers conferred on him by section 7 of the Civil Aviation Act 1990, the Minister of Civil Aviation, with the consent of the Cabinet, makes the following Regulations:

1. (1) These Regulations may be cited as the Civil Aviation (Passenger Service Charge) Regulations 1996.

(2) These Regulations shall come into force on the 14th day after the date of their publication in the Gazette.

2. The Civil Aviation (Passenger Service Charge) Regulations 1991 are hereby repealed.

3. Unless otherwise exempted under these Regulations any passenger 12 years of age or older embarking on an aircraft at an airport within Tonga for a destination outside Tonga shall pay to the Government a passenger service charge of $20.00.

4. The manner in which the service charge shall be paid and collected and all forms and procedures appropriate thereto shall be determined by the Minister.

5. The following passengers shall be exempted from the payment of a passenger service charge:

(a) a Head of State;
(b) a Diplomat accredited to Tonga;
(c) transit passengers continuing their journey by the same or first connecting flight whether they leave the airport or not and up to a maximum period of 24 hours after arrival at the airport;
(d) children under 12 years of age;
(e) aircraft crews travelling on duty including positioning crews;
(f) passengers travelling in a State aircraft or an aircraft being used for the ceremonial purposes of Government;
(g) passengers and technicians travelling in an aircraft being used to calibrate the State's navigational facilities;
(h) passengers travelling on an aircraft engaged in disaster relief or emergency medical evacuation;
(i) passengers travelling on an aircraft engaged in air/sea rescue operations;
(j) military aircraft crews and personnel; and
(k) any passenger specifically exempted in writing by the Minister.

6. In any case where an aircraft lands at an airport within Tonga because of an emergency no passenger service charge will be payable in respect of the later departure of a passenger arriving on that aircraft whether the passenger leaves on the same aircraft or not or whether the passenger leaves the airport or not.

7. All passenger service charges collected in accordance with these Regulations shall be deemed Government revenue.

8. Any passenger who knowingly fails to pay the passenger service charge imposed by these Regulations shall be guilty of an offence and be liable on conviction to a fine not exceeding $100.00 or to imprisonment for a period not exceeding one month or to both such fine and imprisonment.

9. The Minister may delegate his powers under these Regulations in the manner provided under section 5 of the Civil Aviation Act 1990.

Dated this 6th day of August, 1996.

Minister of Civil Aviation