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Sydney Airport Demand Management Act 1997

  • - C2011C00081
  • In force - Superseded Version
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Act No. 173 of 1997 as amended, taking into account amendments up to Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
An Act to limit aircraft movements at Sydney Airport, and for related purposes
Administered by: Infrastructure and Transport
Registered 14 Jan 2011
Start Date 01 Jan 2011
End Date 21 Sep 2012

Sydney Airport Demand Management Act 1997

Act No. 173 of 1997 as amended

This compilation was prepared on 14 January 2011
taking into account amendments up to Act No. 103 of 2010

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department,
Canberra

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Identifying defined terms.................................................................... 1

4............ Overview............................................................................................ 2

5............ Consequential amendment of the Airports Act 1996.......................... 3

5A......... Part IIIA of the Competition and Consumer Act 2010 to be subject to this Act     3

Part 2—The maximum aircraft movement limit at Sydney Airport            4

6............ Maximum movement limit.................................................................. 4

7............ Minister’s power to determine a lower maximum movement limit.... 4

8............ Consultation about determination of lower maximum movement limit 5

9............ Airservices Australia to monitor compliance with maximum movement limit and to report to Minister               6

Part 3—Penalties for unauthorised gate movements                                         8

Division 1—Situations in which penalties apply                                             8

10.......... Gate movements to which this Part applies....................................... 8

11.......... Meaning of no‑slot movement and off‑slot movement........................ 9

12.......... Prohibition on no‑slot movements................................................... 10

13.......... Prohibition on off‑slot movements................................................... 10

Division 2—Civil penalties                                                                                      11

14.......... Pecuniary penalties for contravention of civil penalty provisions... 11

15.......... Procedural matters............................................................................ 12

16.......... No criminal proceedings for contravention of civil penalty provision 12

Division 3—Infringement notices (alternative to proceedings for civil penalty)              13

17.......... Interpretation.................................................................................... 13

18.......... Purpose and effect of this Division.................................................. 13

19.......... Issue of infringement notices............................................................ 14

20.......... Infringement notice penalty.............................................................. 14

21.......... Infringement notice penalty is payable to the Slot Manager on behalf of Commonwealth     15

22.......... Time for payment............................................................................. 15

23.......... Contents of infringement notice....................................................... 15

24.......... Person issued with infringement notice may initiate proceedings in the Federal Court for a determination of whether there has been a contravention.......................................................... 16

25.......... Withdrawal of infringement notice................................................... 17

26.......... Effect of payment of infringement notice penalty........................... 17

Division 4—Obligations in relation to money received under this Part                19

27.......... Civil penalties and infringement notice penalties to be paid to the Commonwealth               19

28.......... Slot Manager to apply money for purposes of functions under this Act               19

Division 5—Exemptions                                                                                           21

29.......... Aircraft may make gate movements in emergencies or if Slot Manager grants dispensation   21

30.......... Emergencies...................................................................................... 21

31.......... Dispensations in exceptional circumstances..................................... 21

32.......... State aircraft...................................................................................... 22

Part 4—The Slot Management Scheme                                                                   23

Division 1—Framework within which Scheme to be developed and to operate               23

33.......... The Scheme and its basic purpose.................................................... 23

34.......... The concept of a slot........................................................................ 23

35.......... Contents of Scheme.......................................................................... 23

36.......... Minister’s power to determine additional requirements.................. 25

37.......... Consequence of Scheme not being consistent with section 35......... 25

Division 2—Development and amendment of Scheme                             26

Subdivision A—Development                                                                                  26

38.......... Slot Manager to develop slot management scheme and submit it for approval       26

39.......... Minister’s power to request or make amendments.......................... 26

40.......... Approval of scheme......................................................................... 26

41.......... When Slot Management Scheme comes into force........................... 27

Subdivision B—Amendment                                                                                    27

42.......... Slot Manager may develop amendments of Slot Management Scheme and submit them for approval  27

43.......... Minister’s power to request or develop amendments...................... 27

44.......... Approval of amendments................................................................. 28

45.......... When an amendment comes into force............................................. 28

Division 3—Powers of Minister and Compliance Committee in relation to slot allocation        29

46.......... Minister’s powers............................................................................ 29

47.......... Compliance Committee’s powers.................................................... 30

Part 5—The Compliance Scheme                                                                                31

Division 1—Framework within which Scheme to be developed and to operate               31

48.......... The Scheme and its basic purpose.................................................... 31

49.......... Contents of Scheme.......................................................................... 31

50.......... Minister’s power to determine additional requirements.................. 32

51.......... Consequence of Scheme not being consistent with section 49......... 32

Division 2—Development and amendment of Scheme                             33

Subdivision A—Development                                                                                  33

52.......... Compliance Committee to develop compliance scheme and submit it for approval               33

53.......... Minister’s power to request or make amendments.......................... 33

54.......... Approval of scheme......................................................................... 34

55.......... When Compliance Scheme comes into force.................................... 34

Subdivision B—Amendment                                                                                    34

56.......... Compliance Committee may develop amendments of Compliance Scheme and submit them for approval           34

57.......... Minister’s power to request or develop amendments...................... 34

58.......... Approval of amendments................................................................. 35

59.......... When an amendment comes into force............................................. 35

Division 3—Modification of Scheme in exceptional circumstances  36

59A....... Minister’s power to determine modifications.................................. 36

Part 6—The Slot Manager                                                                                              37

60.......... The Slot Manager............................................................................. 37

61.......... Appointment of Slot Manager......................................................... 37

62.......... The legal position of the Slot Manager............................................. 37

63.......... Termination of appointment............................................................ 39

64.......... Protection of Slot Manager etc. from legal actions........................... 39

65.......... Change of Slot Manager.................................................................... 39

Part 7—The Compliance Committee                                                                         40

66.......... The Compliance Committee............................................................. 40

67.......... Regulations may deal with appointment and other matters............. 40

68.......... The legal position of the Compliance Committee............................ 40

69.......... Protection of Compliance Committee from legal actions................. 41

Part 8—Miscellaneous                                                                                                       42

70.......... Evidentiary certificates..................................................................... 42

71.......... Delegation......................................................................................... 42

72.......... Crown to be bound........................................................................... 43

73.......... Extra‑territorial operation................................................................. 43

74.......... Regulations....................................................................................... 43

Schedule 1—Definitions                                                                                                    44

1............ Definitions........................................................................................ 44

Schedule 2—Amendment of the Airports Act 1996                                           46

Notes                                                                                                                                            47


An Act to limit aircraft movements at Sydney Airport, and for related purposes

Part 1Preliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Sydney Airport Demand Management Act 1997.

2  Commencement [see Note 1]

             (1)  This Act, other than Parts 2 and 3, commence on the day on which this Act receives the Royal Assent.

             (2)  Subject to subsection (3), Parts 2 and 3 commence on a day to be fixed by Proclamation.

             (3)  If Parts 2 and 3 do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

3  Identifying defined terms

             (1)  Many of the terms in this Act are defined in Schedule 1. Some definitions that are relevant only to limited areas of this Act are defined in those areas.

             (2)  Most of the terms that are defined in Schedule 1 are identified by an asterisk at the start of the term: as in “*aircraft movement”. The footnote with the asterisk contains a signpost to Schedule 1.

             (3)  An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection, note or definition. Later occurrences of the term in the same provision are not usually asterisked.

             (4)  The following basic terms used throughout the Act are not identified with an asterisk:

Terms that are not identified with an asterisk

Item

This term

Is defined in

1

aircraft

Schedule 1

2

slot

Schedule 1

3

Sydney Airport

Schedule 1

4  Overview

             (1)  This Act sets the *maximum movement limit for *aircraft movements at Sydney Airport (otherwise than during *curfew periods). It also provides for the *Slot Management Scheme, under which slots for *gate movements at Sydney Airport are allocated. The Scheme is required to be consistent with the maximum movement limit.

             (2)  Part 2 sets the *maximum movement limit for *aircraft movements at Sydney Airport, and provides for monitoring of compliance with that limit.

             (3)  Part 3 prohibits, and sets out penalties for, unauthorised *gate movements. These are movements that are not authorised by a slot allocated under the *Slot Management Scheme and are not otherwise exempt.

             (4)  Part 4 deals with the contents, development and amendment of the *Slot Management Scheme. It also deals with the powers of the Minister and the *Compliance Committee to give directions or make recommendations in relation to slot allocations.

             (5)  Part 5 deals with the contents, development and amendment of the *Compliance Scheme. It also deals with the power of the Minister to determine modifications of the Scheme in exceptional circumstances.

             (6)  Parts 6 and 7 deal, respectively, with the appointment etc. of the *Slot Manager and the *Compliance Committee.

             (7)  Part 8 deals with miscellaneous matters.

             (8)  Schedule 1 contains definitions (see also section 3).

5  Consequential amendment of the Airports Act 1996

                   The Airports Act 1996 is amended as set out in Schedule 2.

5A  Part IIIA of the Competition and Consumer Act 2010 to be subject to this Act

                   Part IIIA of the Competition and Consumer Act 2010 has effect subject to this Act.


 

Part 2The maximum aircraft movement limit at Sydney Airport

  

6  Maximum movement limit

             (1)  There are to be no more than 80 *aircraft movements at Sydney Airport in any regulated hour. This limit is known as the maximum movement limit.

Note:          The Minister may determine a lower limit—see section 7.

             (2)  A regulated hour is a period of 60 minutes starting:

                     (a)  on the hour (being one of the 24 hours of a day); or

                     (b)  at 15 minutes past the hour; or

                     (c)  at 30 minutes past the hour; or

                     (d)  at 45 minutes past the hour.

             (3)  However, a period is not a regulated hour if it starts during, or less than 60 minutes before, a *curfew period.

Note:          *Aircraft movements during *curfew periods are regulated under the Sydney Airport Curfew Act 1995.

             (4)  In applying the limit imposed by this section, *aircraft movements *associated with *gate movements that are permitted by Division 5 of Part 3 are not to be counted.

             (5)  The purpose of this section is to set the maximum movement limit for the purposes of subsection 35(2) (which requires the *Slot Management Scheme to be consistent with the limit) and other provisions of this Act. It does not operate to create rights or obligations except as provided in other provisions of this Act.

7  Minister’s power to determine a lower maximum movement limit

             (1)  The Minister may, by legislative instrument, determine that subsection 6(1) is to have effect as if a lower number of *aircraft movements were specified in it.

Note:          See section 8 for consultation requirements.

             (3)  While a determination under subsection (1) is in force, subsection 6(1) has effect as if the lower number of *aircraft movements were specified in it.

             (4)  A determination under subsection (1):

                     (a)  comes into force on the first day after the end of the period during which it can be disallowed by a House of the Parliament, or on a later day specified in the determination; and

                     (b)  remains in force until the end of the period (if any) specified in the determination, or until the Minister revokes the determination.

If the determination is disallowed, it does not come into force.

8  Consultation about determination of lower maximum movement limit

             (1)  Before making a determination under subsection 7(1), the Minister must cause to be published in the Gazette a notice:

                     (a)  stating that the Minister is considering making the determination specified in the notice; and

                     (b)  inviting persons covered by any of the following subparagraphs to give the Minister a written submission about the proposed determination within 30 days after the publication of the notice:

                              (i)  the operator of Sydney Airport;

                             (ii)  a person specified in the regulations for the purposes of this subparagraph, being a person who represents the interests of all of the aircraft operators who use Sydney Airport to operate scheduled air services;

                            (iii)  *Airservices Australia;

                            (iv)  the Civil Aviation Safety Authority.

             (2)  If a person gives the Minister a written submission in accordance with the notice, the Minister must have due regard to the submission in making the determination.

             (3)  Subsection (2) does not, by implication, limit the matters to which the Minister may have regard.

             (4)  This section does not apply to a determination that the Minister proposes to make if the consultation requirements in Part 3 of the Legislative Instruments Act 2003 apply to the making of the determination.

9  Airservices Australia to monitor compliance with maximum movement limit and to report to Minister

Airservices Australia’s monitoring role

             (1)  *Airservices Australia is to monitor compliance with the *maximum movement limit, and (subject to subsection (5)) is to give the Minister a written report, within 28 days of the end of each quarter, on the extent of infringements (if any) of the limit in the quarter.

             (2)  A quarter is a period of 3 months starting on any of the following dates in a year:

                     (a)  1 January;

                     (b)  1 April;

                     (c)  1 July;

                     (d)  1 October.

             (3)  The Minister must cause a copy of each report under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

             (4)  *Airservices Australia’s obligations under this section are limited to monitoring compliance with the *maximum movement limit and reporting to the Minister on the extent of infringements. This monitoring and reporting role does not authorise or require Airservices Australia to take any action to enforce compliance with the limit.

What happens if this section commences during a quarter

             (5)  If this section commences during a quarter (but not on the first day of the quarter):

                     (a)  no report is to be made at the end of the quarter; but

                     (b)  the report made at the end of the next quarter is also to include the information about infringements that occurred in the previous quarter.

What happens if Airservices Australia ceases to provide air traffic services at Sydney Airport

             (6)  If *Airservices Australia ceases to provide air traffic services at Sydney Airport, this section ceases to apply to Airservices Australia.

             (7)  The Minister may enter into an arrangement with another person who does, or is to, provide air traffic services at Sydney Airport under which the person will perform a monitoring role similar to the role that *Airservices Australia performed under this section. Reports received by the Minister under the arrangement are to be tabled in accordance with the requirements of subsection (3).


 

Part 3Penalties for unauthorised gate movements

Division 1Situations in which penalties apply

10  Gate movements to which this Part applies

                   This Part applies to all *gate movements at Sydney Airport, other than:

                     (a)  any gate movement that is permitted by Division 5; and

                     (b)  any gate movement that is *associated with an *aircraft movement that occurs during a *curfew period, unless a slot has been allocated for the gate movement under the *Slot Management Scheme; and

                     (c)  any gate movement in relation to which the following conditions are satisfied:

                              (i)  the associated aircraft movement was scheduled to occur at a time during a curfew period;

                             (ii)  the aircraft movement actually occurs at a time that is not during a curfew period;

                            (iii)  if the aircraft movement had occurred at its scheduled time, the aircraft movement would have been permitted by section 12 or 13 of the Sydney Airport Curfew Act 1995;

                            (iv)  no slot has been allocated for the gate movement under the Slot Management Scheme.

Note 1:       Regarding paragraph (b), a slot may have been allocated for the *gate movement because the *aircraft movement was scheduled to occur before or after the *curfew period. In that case, this Part applies to the gate movement even if the aircraft movement actually occurs during the curfew period.

Note 2:       *Aircraft movements during *curfew periods are regulated under the Sydney Airport Curfew Act 1995. Slots cannot be allocated under this Act for times during curfew periods (see subsection 35(1B)).

11  Meaning of no‑slot movement and off‑slot movement

Meaning of no‑slot movement

             (1)  A *gate movement is a no‑slot movement if no slot permitting the movement on the day on which it occurs has been allocated under the *Slot Management Scheme.

Meaning of off‑slot movement

             (2)  A *gate movement is an off‑slot movement (subject to subsection (6)) if:

                     (a)  a slot permitting the movement on the day on which it occurs has been allocated under the *Slot Management Scheme; and

                     (b)  the circumstances are such that, according to the provisions of the *Compliance Scheme referred to in subsection 49(1), the movement is an off‑slot movement.

Clarification of definitions

             (3)  If a slot permitting a *gate movement at a specified time on a specified day has been allocated under the *Slot Management Scheme, but the movement occurs at another time on that day:

                     (a)  the movement is not a no‑slot movement; but

                     (b)  depending on the circumstances, the movement may be an off‑slot movement.

Slot Manager’s power to declare that gate movements do not have to be in accordance with allocated slots

             (4)  The *Slot Manager may, in writing, declare, in relation to the whole or a part of a day, that *gate movements that occur during the period to which the declaration relates are not required to take place in accordance with their allocated slots.

             (5)  In making a declaration, the *Slot Manager must have regard to the provisions of the *Slot Management Scheme referred to in subsection 35(4).

             (6)  During the period to which a declaration relates, a *gate movement that would otherwise be an off‑slot movement is taken not to be an off‑slot movement.

Note:          The declaration has no effect on the question whether a *gate movement is a no‑slot movement.

12  Prohibition on no‑slot movements

                   The *operator of an aircraft must not, knowingly or recklessly, allow the aircraft to engage in a *gate movement to which this Part applies that is a no‑slot movement.

Note:          This is a civil penalty provision—see Divisions 2 and 3 for the consequences of a contravention.

13  Prohibition on off‑slot movements

                   The *operator of an aircraft must not, knowingly or recklessly, allow the aircraft to engage in a *gate movement to which this Part applies that is an off‑slot movement.

Note:          This is a civil penalty provision—see Divisions 2 and 3 for the consequences of a contravention.


 

Division 2Civil penalties

14  Pecuniary penalties for contravention of civil penalty provisions

             (1)  If the *Federal Court is satisfied, on the balance of probabilities, that a person (the operator) has contravened a *civil penalty provision, the Court may order the operator to pay to the *Slot Manager, on behalf of the Commonwealth, such pecuniary penalty in respect of the contravention as the Court determines to be appropriate.

             (2)  In determining the pecuniary penalty, the Court must have regard to the following matters:

                     (a)  the nature and extent of the contravention; and

                     (b)  the nature and extent of any loss or damage suffered as a result of the contravention; and

                     (c)  the circumstances in which the contravention took place; and

                     (d)  whether the operator has previously been found by the Court in proceedings under this Act to have engaged in similar conduct.

The Court may also have regard to any other matters it considers relevant.

             (3)  The pecuniary penalty payable under subsection (1) is not to exceed:

                     (a)  for a contravention of section 12:

                              (i)  if the contravention is by a body corporate—2,000 penalty units; and

                             (ii)  if the contravention is by an individual—400 penalty units; and

                     (b)  for a contravention of section 13:

                              (i)  if the contravention is by a body corporate—1,000 penalty units; and

                             (ii)  if the contravention is by an individual—200 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (4)  The *Federal Court may make such declarations or orders as it considers appropriate in relation to, or as a result of, the proceedings, including (but not limited to):

                     (a)  a declaration that the operator did not contravene a *civil penalty provision; and

                     (b)  a declaration that an *infringment notice that was issued to the operator should not have been issued to the operator, and is not to be counted as an infringement notice for any purpose; and

                     (c)  an order as to costs.

15  Procedural matters

             (1)  The *Slot Manager may, by application, institute proceedings in the *Federal Court for the payment of a pecuniary penalty referred to in section 14.

Note:          An application by the operator under subsection 24(1) has effect as if it were an application by the *Slot Manager under this subsection.

             (2)  The proceedings must be commenced within 6 years after the contravention.

             (3)  In hearing and determining the proceedings, the *Federal Court is to apply the rules of evidence and procedure that it applies in hearing and determining civil matters.

16  No criminal proceedings for contravention of civil penalty provision

                   Criminal proceedings do not lie against a person only because the person has contravened a *civil penalty provision.


 

Division 3Infringement notices (alternative to proceedings for civil penalty)

17  Interpretation

                   In this Division:

civil contravention means a contravention of a *civil penalty provision.

civil prosecution means proceedings under Division 2 for the payment of a pecuniary penalty in respect of a civil contravention.

18  Purpose and effect of this Division

             (1)  The purpose of this Division is to create a system of infringement notices for civil contraventions as an alternative to civil prosecutions.

             (2)  This Division does not:

                     (a)  require an infringement notice to be issued to a person for a civil contravention; or

                     (b)  affect the liability of a person to civil prosecution in respect of a civil contravention if an infringement notice is not issued to the person for the contravention; or

                     (c)  prevent the issue of 2 or more infringement notices to a person for a civil contravention; or

                     (d)  affect the liability of a person to civil prosecution for a civil contravention if the person does not comply with an infringement notice issued for the contravention; or

                     (e)  limit or otherwise affect the pecuniary penalty that may be imposed by a court on a person as a result of a civil prosecution.

19  Issue of infringement notices

             (1)  If the *Compliance Committee:

                     (a)  reasonably believes that a person has committed a civil contravention; and

                     (b)  considers, having regard to the provisions of the *Compliance Scheme referred to in paragraph 49(2)(a), that it is appropriate to issue an infringement notice;

the Compliance Committee may direct the *Slot Manager to issue an infringement notice to the person for the contravention.

             (2)  The *Slot Manager must issue an infringement notice in accordance with the direction.

Note:          The person may apply to the *Federal Court for a determination of the question whether there has been a civil contravention—see section 24.

20  Infringement notice penalty

             (1)  The penalty payable under an *infringement notice for a civil contravention is the fine specified in the notice.

             (2)  The fine specified is to be at the rate that, under the provisions of the *Compliance Scheme referred to in subsection 49(3), is the appropriate rate of fine for the contravention.

             (3)  The *Compliance Scheme may specify different rates of fine to be payable according to the number of civil contraventions a person has committed, or has committed in a specified period, and according to whether a person is a body corporate or an individual. These are the only grounds on which the Compliance Scheme may specify different rates of fine as being appropriate.

             (4)  A rate of fine specified in the *Compliance Scheme as being appropriate for a civil contravention by a person must not be more than one‑fifth of the maximum pecuniary penalty that the *Federal Court could order the person to pay under Division 2 in respect of that contravention (see subsection 14(3)).

21  Infringement notice penalty is payable to the Slot Manager on behalf of Commonwealth

                   The penalty payable under an *infringement notice is payable to the *Slot Manager, on behalf of the Commonwealth.

22  Time for payment

             (1)  The time within which the penalty payable under an *infringement notice must be paid is 28 days after the day on which the notice is issued.

             (2)  The *Slot Manager may extend the time within which the penalty must be paid. The following provisions apply to extensions of time:

                     (a)  an extension must not be for longer than 28 days;

                     (b)  only one extension may be given;

                     (c)  an extension may be given before or after the end of the initial time for payment of the penalty.

23  Contents of infringement notice

             (1)  An *infringement notice issued for a civil contravention must:

                     (a)  be identified by a unique number; and

                     (b)  state its date of issue; and

                     (c)  give brief details of the civil contravention, including:

                              (i)  the date and approximate time of the contravention; and

                             (ii)  where the contravention happened; and

                            (iii)  the *civil penalty provision that was contravened; and

                     (d)  state the name of the person to whom it is issued (being the *operator of the aircraft involved in the civil contravention); and

                     (e)  state the registration number of the aircraft involved in the civil contravention; and

                      (f)  state the penalty payable under the notice for the civil contravention; and

                     (g)  contain the additional information required by subsection (2).

             (2)  The *infringement notice must tell the person to whom it is issued that:

                     (a)  the person may pay the penalty stated in the notice:

                              (i)  by posting or delivering the payment to the place of payment stated in the notice; or

                             (ii)  in any other way stated in the notice; and

                     (b)  if the person pays the penalty within 28 days after the day on which the notice is issued, or any longer time allowed in writing by the *Slot Manager, the person will not be liable to a civil prosecution in court for the civil contravention, unless the notice is withdrawn; and

                     (c)  if a civil prosecution is brought against the person for the civil contravention, the person may be ordered to pay a civil penalty up to the appropriate limit specified in subsection 14(3) and may be ordered to pay the costs of the civil prosecution proceedings; and

                     (d)  the person may, under section 24, apply to the *Federal Court for a determination of the question whether the person committed the civil contravention.

             (3)  The *infringement notice may also contain any other information that the *Slot Manager considers is appropriate.

24  Person issued with infringement notice may initiate proceedings in the Federal Court for a determination of whether there has been a contravention

             (1)  A person (the operator) who has been issued with an *infringement notice may apply to the *Federal Court for a determination of the question whether the person committed the civil contravention identified in the infringement notice.

             (2)  If the operator makes an application under subsection (1):

                     (a)  the application has effect as if it were instead an application made by the *Slot Manager, in accordance with section 15, for the payment of a pecuniary penalty referred to in section 14 in respect of the contravention; and

                     (b)  for the purposes of the resulting proceedings in the *Federal Court under section 14, the Slot Manager is the applicant and the operator is the respondent.

25  Withdrawal of infringement notice

             (1)  The *Compliance Committee may direct the *Slot Manager to withdraw an *infringement notice that has been issued to a person if the Compliance Committee considers, having regard to the provisions of the *Compliance Scheme referred to in paragraph 49(2)(b), that it is appropriate to withdraw the infringement notice.

             (2)  The *Slot Manager must withdraw the notice in accordance with the direction.

             (3)  If the person has already paid the penalty stated in the notice, the *Slot Manager must refund it.

             (4)  Notice of the withdrawal of the *infringement notice must be given to the person. The notice must:

                     (a)  include the following information:

                              (i)  the person’s name and address;

                             (ii)  the number of the infringement notice;

                            (iii)  the date of issue of the infringement notice; and

                     (b)  state that the infringement notice is withdrawn; and

                     (c)  if the *Slot Manager intends to bring a civil prosecution against the person for the civil contravention—state that a civil prosecution may be brought against the person in a court for the civil contravention.

26  Effect of payment of infringement notice penalty

             (1)  If the person to whom an *infringement notice is issued for a civil contravention pays the penalty specified in the notice to the *Slot Manager:

                     (a)  any liability of the person for the civil contravention is discharged; and

                     (b)  a civil prosecution may not be brought against the person for the civil contravention.

             (2)  Subsection (1) does not apply if the *infringement notice has been withdrawn and the penalty paid has been refunded.


 

Division 4Obligations in relation to money received under this Part

27  Civil penalties and infringement notice penalties to be paid to the Commonwealth

             (1)  Amounts received by the *Slot Manager by way of:

                     (a)  civil penalties under Division 2; and

                     (b)  *infringement notice penalties under Division 3;

must be paid to the Commonwealth.

             (2)  If an amount is paid to the Commonwealth as a civil penalty (Division 2) or an infringement notice penalty (Division 3) the Commonwealth must pay to the Slot Manager an amount equal to that amount.

             (3)  A payment of an amount to the Slot Manager under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Slot Manager must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.

             (4)  The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).

             (5)  An amount payable by the Slot Manager under subsection (1) may be set off against an amount payable to the Slot Manager under subsection (2).

28  Slot Manager to apply money for purposes of functions under this Act

             (1)  The *Slot Manager is to apply the money paid to it under section 27 for the purposes of, or for purposes related to, the performance of the functions of the Slot Manager under this Act.

             (2)  If the *Slot Manager applies money to which subsection (1) applies otherwise than as required by that subsection, the amount so applied is a debt due by the Slot Manager to the Commonwealth, and is recoverable by action in a court of competent jurisdiction.

             (3)  The *Slot Manager must, within 6 months of the end of each financial year, prepare accounts showing how it has applied money referred to in subsection (1) that was paid to the Slot Manager during the year.

             (4)  The regulations may:

                     (a)  impose requirements relating to how the accounts referred to in subsection (3) are to be prepared; and

                     (b)  impose requirements for the audit of those accounts; and

                     (c)  deal with how this section applies to money referred to in subsection (1) if the *Slot Manager also receives other money; and

                     (d)  deal with the obligations of a body corporate that has ceased to be the Slot Manager in relation to money referred to in subsection (1) that it received while it was the Slot Manager.


 

Division 5Exemptions

29  Aircraft may make gate movements in emergencies or if Slot Manager grants dispensation

                   An aircraft may make a *gate movement at Sydney Airport in circumstances that would otherwise result in the *operator contravening a *civil penalty provision if:

                     (a)  the aircraft is involved in an emergency as described in section 30; or

                     (b)  a dispensation granted by the Slot Manager under section 31 authorises the gate movement, and the gate movement is in accordance with any conditions of the dispensation; or

                     (c)  the aircraft is a state aircraft as described in section 32.

30  Emergencies

                   An aircraft is involved in an emergency if:

                     (a)  the aircraft is being used, or is returning after use, for or in connection with:

                              (i)  a search and rescue operation; or

                             (ii)  a medical emergency; or

                            (iii)  a natural disaster; or

                     (b)  the pilot of the aircraft has declared an in‑flight emergency.

31  Dispensations in exceptional circumstances

             (1)  The *Slot Manager may grant a dispensation authorising an aircraft to make a *gate movement at Sydney Airport in circumstances that would otherwise result in the *operator contravening a *civil penalty provision if the Slot Manager is satisfied that there are exceptional circumstances.

             (2)  A dispensation may be granted subject to conditions including, for example, conditions relating to when the *gate movement must occur.

             (3)  In granting a dispensation, the *Slot Manager must have regard to the provisions of the *Slot Management Scheme referred to in subsection 35(5).

             (4)  A dispensation need not be in writing, but the Slot Manager must make a written record of each dispensation and the reasons for granting it.

32  State aircraft

                   A state aircraft is:

                     (a)  an aircraft:

                              (i)  of any part of the Defence Force of Australia; or

                             (ii)  that is commanded by a member of that Force in the course of his or her duties as such a member;

                            other than any such aircraft that is registered in Australia in accordance with the Civil Aviation Regulations; or

                     (b)  an aircraft used in the military, customs or police services of a country other than Australia.


 

Part 4The Slot Management Scheme

Division 1Framework within which Scheme to be developed and to operate

  

33  The Scheme and its basic purpose

             (1)  There is to be a scheme, known as the Slot Management Scheme, for Sydney Airport.

             (2)  The basic purpose of the Scheme is to provide a system for the allocation of permissions for *gate movements at Sydney Airport. The system must be consistent with the *maximum movement limit for *aircraft movements.

34  The concept of a slot

             (1)  A permission for a *gate movement is known as a slot. A slot allocated under the Slot Management Scheme will permit a specified gate movement at a specified time on a specified day.

             (2)  A slot allocated under the Scheme is not transferable (except in accordance with provisions in the Scheme about swapping slots) and does not create rights or obligations that are enforceable against any person.

             (3)  Other laws may impose requirements or restrictions on or in relation to *aircraft movements or *gate movements. The allocation of a slot for a gate movement under the Scheme in no way affects the application of such other requirements or restrictions to, or in relation to, the gate movement and any *associated aircraft movement.

35  Contents of Scheme

             (1)  The Slot Management Scheme must provide a system for the allocation of slots for *gate movements at Sydney Airport. In addition to allocation, the Scheme may deal with associated matters such as the variation, suspension, cancellation, surrender or swapping of allocated slots, and the conditions that may be imposed on slots.

          (1A)  The Scheme may deal with the allocation of slots for specified categories of *gate movements.

          (1B)  The Scheme must not allow slots to be allocated for times during *curfew periods.

             (2)  The Scheme must be consistent with the *maximum movement limit for *aircraft movements.

             (3)  The Scheme may provide for the authorisation of other persons to exercise powers of the *Slot Manager relating to the allocation of slots, or to slots that have been allocated.

             (4)  The Scheme must set out guidelines relating to the exercise of the *Slot Manager’s power under subsection 11(4) to make declarations that *gate movements are not required to take place in accordance with their allocated slots.

             (5)  The Scheme must set out guidelines relating to the exercise of the *Slot Manager’s power under section 31 to grant dispensations including, in particular:

                     (a)  what constitutes exceptional circumstances for the purposes of that section; and

                     (b)  the conditions to which dispensations should be subject.

             (6)  The Scheme may contain a mechanism for the reconsideration of decisions made under the Scheme, or of decisions made by the *Slot Manager for the purposes of this Act.

             (7)  The Scheme may contain other provisions relating to the performance of the *Slot Manager’s functions.

             (8)  The Scheme must be consistent with the additional requirements (if any) specified in the regulations. Any such requirements must be consistent with the *maximum movement limit for *aircraft movements.

             (9)  The Scheme must be consistent with the additional requirements (if any) specified in determinations in force under section 36.

           (10)  The Scheme must be consistent with any requirements of the Sydney Airport Curfew Act 1995 that relate to *aircraft movements before or after *curfew periods.

36  Minister’s power to determine additional requirements

             (1)  The Minister may, by legislative instrument, determine additional requirements with which the Slot Management Scheme must be consistent. Any such requirements must be consistent with the *maximum movement limit for *aircraft movements.

             (2)  Before making a determination under subsection (1), the Minister must consult the *Slot Manager about the proposed determination. This requirement does not apply to the Minister making a determination before the Slot Manager has been appointed.

37  Consequence of Scheme not being consistent with section 35

                   Inconsistency with section 35 does not affect the validity of the Slot Management Scheme. However, if the Minister becomes aware that the Scheme is inconsistent with that section, the Minister is to take action under Division 2 to have the Scheme amended, as soon as possible, so that it is consistent with that section.


 

Division 2Development and amendment of Scheme

Subdivision ADevelopment

38  Slot Manager to develop slot management scheme and submit it for approval

             (1)  The *Slot Manager is to develop a slot management scheme (the draft scheme) for Sydney Airport that is consistent with section 35.

             (2)  The draft scheme is to be submitted to the Minister for approval.

             (3)  The Minister may require the *Slot Manager to develop and submit the draft scheme by a time determined by the Minister.

39  Minister’s power to request or make amendments

             (1)  The Minister may request the *Slot Manager to amend the draft scheme to address a particular issue identified by the Minister and to resubmit the amended draft scheme for approval.

             (2)  If the *Slot Manager refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may amend the draft scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Slot Manager for its refusal or failure.

             (3)  The Minister’s power under this section to request an amendment of the draft scheme, or to amend the draft scheme, may be exercised even if the scheme is already consistent with section 35.

Note:          For example, the Minister may request or make an amendment of the draft scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 35.

40  Approval of scheme

             (1)  The Minister may, in writing, approve the draft scheme (as originally developed or as amended by the *Slot Manager or the Minister) if, and only if, the Minister is satisfied that the scheme is consistent with section 35.

             (2)  If the Minister approves the draft scheme, the Minister must, by legislative instrument, determine that the Slot Management Scheme for Sydney Airport is the scheme that has been approved. The determination must:

                     (a)  set out the scheme in full; and

                     (b)  specify the day on which the scheme is to come into force as the Slot Management Scheme.

41  When Slot Management Scheme comes into force

                   The scheme set out in a determination under subsection 40(2) comes into force as the Slot Management Scheme on the day specified in accordance with paragraph 40(2)(b).

Subdivision BAmendment

42  Slot Manager may develop amendments of Slot Management Scheme and submit them for approval

                   The *Slot Manager may develop amendments of the *Slot Management Scheme and submit them to the Minister for approval.

43  Minister’s power to request or develop amendments

             (1)  The Minister may request the *Slot Manager to develop an amendment of the *Slot Management Scheme to address a particular issue identified by the Minister and to submit the amendment to the Minister for approval.

             (2)  If the *Slot Manager refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may develop an amendment of the Scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Slot Manager for its refusal or failure.

             (3)  The Minister’s power under this section to request an amendment of the Scheme, or to develop an amendment of the Scheme, may be exercised even if the Scheme already complies with section 35.

Note:          For example, the Minister may request or develop an amendment of the Scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 35.

44  Approval of amendments

             (1)  The Minister may, in writing, approve an amendment of the *Slot Management Scheme (being an amendment developed by the *Slot Manager or the Minister) if, and only if, the Minister is satisfied that the Scheme as proposed to be amended would be consistent with section 35.

             (2)  If the Minister approves an amendment of the *Slot Management Scheme, the Minister must, by legislative instrument, determine that the *Slot Management Scheme is amended by the amendment that has been approved. The determination must:

                     (a)  set out the amendment in full; and

                     (b)  specify the day on which the amendment is to come into force.

45  When an amendment comes into force

                   The amendment set out in a determination under subsection 44(2) comes into force on the day specified in accordance with paragraph 44(2)(b).


 

Division 3Powers of Minister and Compliance Committee in relation to slot allocation

46  Minister’s powers

             (1)  The Minister may, in writing, direct the *Slot Manager:

                     (a)  to vary, suspend or cancel slots that have been allocated under the *Slot Management Scheme as specified in the direction; or

                     (b)  to exercise the power to issue slots under the Scheme subject to limitations specified in the direction.

The direction does not have to be consistent with the Slot Management Scheme.

             (2)  The *Slot Manager, and each person authorised under provisions of the Scheme referred to in subsection 35(3), must comply with a direction by the Minister, and has such power as is necessary to comply with the direction, despite the provisions of the *Slot Management Scheme.

             (3)  A direction by the Minister must be consistent with the *maximum movement limit for *aircraft movements.

             (4)  The Minister is not to be taken, for the purposes of the Corporations Act 2001, to be a director of a company that is the *Slot Manager because of the powers in relation to the Slot Manager that are conferred on the Minister by this section.

             (5)  The Minister must, in relation to each direction:

                     (a)  include in the direction a statement of the reasons for giving the direction; and

                     (b)  cause a copy of the direction to be tabled in each House of the Parliament not later than 6 sitting days of that House after the day on which the direction is given

             (6)  A direction is not to be taken to be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

47  Compliance Committee’s powers

             (1)  The *Compliance Committee may, in writing, recommend to the *Slot Manager that the Slot Manager should vary, suspend or cancel slots that have been allocated under the *Slot Management Scheme as specified in the recommendation.

             (2)  The *Slot Manager is to have regard to the recommendation, but is not required to comply with it. Any actions the Slot Manager takes in complying with the recommendation must be in accordance with the *Slot Management Scheme.


 

Part 5The Compliance Scheme

Division 1Framework within which Scheme to be developed and to operate

48  The Scheme and its basic purpose

             (1)  There is to be a scheme, known as the Compliance Scheme, for Sydney Airport.

             (2)  The basic purpose of the Scheme is to provide for various matters relating to compliance with the requirements of this Act.

49  Contents of Scheme

             (1)  The Compliance Scheme must identify the circumstances in which *gate movements are taken to be off‑slot movements for the purposes of this Act.

             (2)  The Scheme must identify:

                     (a)  the circumstances in which it is appropriate to issue an *infringement notice to a person for a contravention of a *civil penalty provision, and the circumstances in which it is not appropriate to do so; and

                     (b)  the circumstances in which it is appropriate to withdraw an infringement notice that has been issued, and the circumstances in which it is not appropriate to do so.

             (3)  The Scheme must, consistently with subsections 20(3) and (4), specify:

                     (a)  the rates of fines that may be specified in *infringement notices; and

                     (b)  the circumstances to which the different rates apply.

             (4)  The Scheme may contain a mechanism for the reconsideration of decisions made under the Scheme, or of decisions made by the *Compliance Committee for the purposes of this Act.

             (5)  The Scheme may contain other provisions relating to the performance of the *Compliance Committee’s functions under this Act.

             (7)  The Scheme must be consistent with the additional requirements (if any) specified in the regulations.

             (8)  The Scheme must be consistent with the additional requirements (if any) specified in determinations in force under section 50.

50  Minister’s power to determine additional requirements

             (1)  The Minister may, by legislative instrument, determine additional requirements with which the Compliance Scheme must be consistent.

             (2)  Before making a determination under subsection (1), the Minister must consult the *Compliance Committee about the proposed determination. This requirement does not apply to the Minister making a determination before the Compliance Committee has been appointed.

51  Consequence of Scheme not being consistent with section 49

                   Inconsistency with section 49 does not affect the validity of the Compliance Scheme. However, if the Minister becomes aware that the Scheme is inconsistent with that section, the Minister is to take action under Division 2 to have the Scheme amended, as soon as possible, so that it is consistent with that section.


 

Division 2Development and amendment of Scheme

Subdivision ADevelopment

52  Compliance Committee to develop compliance scheme and submit it for approval

             (1)  The *Compliance Committee is to develop a compliance scheme (the draft scheme) for Sydney Airport that is consistent with section 49.

             (2)  The draft scheme is to be submitted to the Minister for approval.

             (3)  The Minister may require the *Compliance Committee to develop and submit the draft scheme by a time determined by the Minister.

53  Minister’s power to request or make amendments

             (1)  The Minister may request the *Compliance Committee to amend the draft scheme to address a particular issue identified by the Minister and to resubmit the amended draft scheme for approval.

             (2)  If the *Compliance Committee refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may amend the draft scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Compliance Committee for its refusal or failure.

             (3)  The Minister’s power under this section to request an amendment of the draft scheme, or to amend the draft scheme, may be exercised even if the scheme is already consistent with section 49.

Note:          For example, the Minister may request or make an amendment of the draft scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 49.

54  Approval of scheme

             (1)  The Minister may, in writing, approve the draft scheme (as originally developed or as amended by the *Compliance Committee or the Minister) if, and only if, the Minister is satisfied that the scheme is consistent with section 49.

             (2)  If the Minister approves the draft scheme, the Minister must, by legislative instrument, determine that the Compliance Scheme for Sydney Airport is the scheme that has been approved. The determination must:

                     (a)  set out the scheme in full; and

                     (b)  specify the day on which the scheme is to come into force as the Compliance Scheme.

55  When Compliance Scheme comes into force

                   The scheme set out in a determination under subsection 54(2) comes into force as the Compliance Scheme on the day specified in accordance with paragraph 54(2)(b).

Subdivision BAmendment

56  Compliance Committee may develop amendments of Compliance Scheme and submit them for approval

                   The *Compliance Committee may develop amendments of the *Compliance Scheme and submit them to the Minister for approval.

57  Minister’s power to request or develop amendments

             (1)  The Minister may request the *Compliance Committee to develop an amendment of the *Compliance Scheme to address a particular issue identified by the Minister and to submit the amendment to the Minister for approval.

             (2)  If the *Compliance Committee refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may develop an amendment of the Scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Compliance Committee for its refusal or failure.

             (3)  The Minister’s power under this section to request an amendment of the Scheme, or to develop an amendment of the Scheme, may be exercised even if the Scheme already complies with section 49.

Note:          For example, the Minister may request or develop an amendment of the Scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 49.

58  Approval of amendments

             (1)  The Minister may, in writing, approve an amendment of the *Compliance Scheme (being an amendment developed by the *Compliance Committee or the Minister) if, and only if, the Minister is satisfied that the Scheme as proposed to be amended would be consistent with section 49.

             (2)  If the Minister approves an amendment of the *Compliance Scheme, the Minister must, by legislative instrument, determine that the Compliance Scheme is amended by the amendment that has been approved. The determination must:

                     (a)  set out the amendment in full; and

                     (b)  specify the day on which the amendment is to come into force.

59  When an amendment comes into force

                   The amendment set out in a determination under subsection 58(2) comes into force on the day specified in accordance with paragraph 58(2)(b).


 

Division 3Modification of Scheme in exceptional circumstances

59A  Minister’s power to determine modifications

             (1)  The Minister may, in writing, determine that the *Compliance Scheme has effect subject to specified modifications during a specified period if the Minister considers that there are exceptional circumstances justifying the making of the determination.

             (2)  During the period specified in a determination under subsection (1), the *Compliance Scheme has effect subject to the modifications specified in the determination.

             (3)  The Minister must, in relation to each determination under subsection (1):

                     (a)  include in the determination a statement of the reasons for making the determination; and

                     (b)  cause a copy of the determination to be given to the *Compliance Committee as soon as practicable after the day on which the determination is made.

Note:          A copy of the determination will also have to be laid before each House of the Parliament (see section 38 of the Legislative Instruments Act 2003).

             (4)  Modifications specified in a determination under subsection (1) do not have to be consistent with section 49.

             (5)  A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

             (6)  In this section:

modifications includes additions, omissions and substitutions.


 

Part 6The Slot Manager

  

60  The Slot Manager

             (1)  There is to be a Slot Manager for Sydney Airport.

             (2)  The functions of the Slot Manager are:

                     (a)  to develop, administer and amend the *Slot Management Scheme; and

                     (b)  such other functions as are conferred on the Slot Manager by this Act, the regulations, the *Slot Management Scheme or the *Compliance Scheme.

61  Appointment of Slot Manager

             (1)  The Minister may, in writing, appoint a body corporate (including a company incorporated under the Corporations Act 2001) to be the Slot Manager.

             (2)  The appointment is to be for a specified period not exceeding 3 years.

             (3)  The body corporate must be one that the Minister considers has, through its members or employees, a good understanding of aviation generally and of the issues involved in slot allocation processes.

62  The legal position of the Slot Manager

Appointment as Slot Manager does not confer separate legal personality

             (1)  The appointment of a body corporate to be the *Slot Manager does not confer on the body corporate a legal personality that is separate from the legal personality it already has as a body corporate.

How legal proceedings taken by or against Slot Manager

             (2)  Legal proceedings by or against the *Slot Manager are to be taken by or against the body corporate that is the Slot Manager in that body corporate’s own name.

Slot Manager not a Commonwealth authority etc.

             (3)  Subject to subsections (4) and (5), the body corporate that is the *Slot Manager is not to be taken, merely because it holds that office:

                     (a)  to be the Commonwealth or a Commonwealth authority; or

                     (b)  to be established for a public purpose or for a purpose of the Commonwealth; or

                     (c)  to hold a Commonwealth office or to be a Commonwealth officer; or

                     (d)  to be a public authority or an agency or instrumentality of the Crown;

(within the ordinary meaning of the expression concerned) for the purposes of a law unless a law, or regulations for the purposes of this section, expressly provide otherwise.

             (4)  For the purposes of sections 134.1, 134.2, 135.1 and 135.2 of the Criminal Code, the *Slot Manager is to be taken to be a Commonwealth entity.

             (5)  For the purposes of sections 141.1, 142.1, 142.2, 148.1 and 148.2 of the Criminal Code, the following persons are to be taken to be Commonwealth public officials:

                     (a)  the *Slot Manager; and

                     (b)  the employees and agents of the Slot Manager; and

                     (c)  persons authorised under provisions of the *Slot Management Scheme referred to in subsection 35(3).

Interpretation

             (6)  In this section:

law means:

                     (a)  an Act of the Commonwealth or of a State or Territory; or

                     (b)  regulations or any other instrument made under such an Act.

63  Termination of appointment

                   The Minister may, in writing, terminate the appointment of a body corporate as the *Slot Manager at any time for any reason.

64  Protection of Slot Manager etc. from legal actions

             (1)  No action lies against the *Slot Manager, or against an employee or agent of the Slot Manager acting in the course of that person’s employment or agency, for or in respect of any loss or damage caused by the Slot Manager, or the employee or agent, doing something that is within the Slot Manager’s functions.

             (2)  Subsection (1) does not cover loss or damage that is wilfully or negligently caused by the *Slot Manager or by the employee or agent.

             (3)  In this section:

                     (a)  a reference to the Slot Manager includes a reference to a person who is a member of the body corporate that is the Slot Manager; and

                     (b)  a reference to an agent of the Slot Manager acting in the course of that agency includes a reference to a person authorised under provisions of the *Slot Management Scheme referred to in subsection 35(3) acting in the course of that authority.

65  Change of Slot Manager

                   The regulations may make provision for matters relating to one body corporate ceasing to be the *Slot Manager and another body corporate becoming the Slot Manager, including:

                     (a)  the continued effect of things done by the previous Slot Manager; and

                     (b)  the substitution of parties to legal proceedings by or against the previous Slot Manager; and

                     (c)  the transfer of rights and liabilities to the new Slot Manager.


 

Part 7The Compliance Committee

  

66  The Compliance Committee

             (1)  There is to be a Compliance Committee for Sydney Airport.

             (2)  The functions of the Committee are:

                     (a)  to develop, administer and amend the *Compliance Scheme; and

                     (b)  such other functions as are conferred on the Compliance Committee by this Act, the regulations, the Compliance Scheme or the *Slot Management Scheme.

             (3)  The members of the Committee are to be appointed by the Minister.

67  Regulations may deal with appointment and other matters

                   The regulations may deal with:

                     (a)  matters relating to the appointment of members of the Compliance Committee, including (but not limited to):

                              (i)  how many members may be appointed; and

                             (ii)  requirements (if any) as to who may be appointed; and

                            (iii)  the duration of appointments and the terms and conditions of appointments; and

                            (iv)  the termination of appointments; and

                     (b)  matters relating to the operations of the Compliance Committee.

68  The legal position of the Compliance Committee

             (1)  The *Compliance Committee, or a member of the Compliance Committee acting as such a member, is not to be taken:

                     (a)  to be the Commonwealth or a Commonwealth authority; or

                     (b)  to be established for a public purpose or for a purpose of the Commonwealth; or

                     (c)  to hold a Commonwealth office or to be a Commonwealth officer; or

                     (d)  to be a public authority or an agency or instrumentality of the Crown;

(within the ordinary meaning of the expression concerned) for the purposes of a law unless a law, or regulations for the purposes of this section, expressly provide otherwise.

             (2)  In this section:

law means:

                     (a)  an Act of the Commonwealth or of a State or Territory; or

                     (b)  regulations or any other instrument made under such an Act.

69  Protection of Compliance Committee from legal actions

             (1)  No action lies against the *Compliance Committee for or in respect of any loss or damage caused by the Compliance Committee doing something that is within the Compliance Committee’s functions.

             (2)  Subsection (1) does not cover loss or damage that is wilfully or negligently caused by the Compliance Committee.

             (3)  In this section, a reference to the Compliance Committee includes a reference to a member of the Compliance Committee acting as such a member.


 

Part 8Miscellaneous

  

70  Evidentiary certificates

             (1)  A certificate by the body corporate that is, when the certificate is made, the *Slot Manager and that states:

                     (a)  that a specified *gate movement occurred; and

                     (b)  that the movement was a no‑slot movement or an off‑slot movement; and

                     (c)  the circumstances because of which the movement was a no‑slot movement or an off‑slot movement;

is, for the purposes of proceedings under this Act, prima facie evidence of the matters stated in it (including at a time after the body corporate has ceased to be the Slot Manager).

             (2)  A certificate must:

                     (a)  be in writing; and

                     (b)  be either:

                              (i)  under the seal of the body corporate; or

                             (ii)  signed by a director, or other equivalent officer, of the body corporate on behalf of the body corporate.

71  Delegation

                   The Minister may, in writing, delegate to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee in the Department;

all or any of the following powers:

                     (c)  the power under section 44 to give approvals and make determinations in relation to amendments of the *Slot Management Scheme;

                     (d)  the power under section 58 to give approvals and make determinations in relation to amendments of the *Compliance Scheme;

                     (e)  the power under subsection 66(3) to make appointments to the *Compliance Committee.

72  Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence, or for a civil penalty under Division 2 of Part 3.

73  Extra‑territorial operation

                   This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.

74  Regulations

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may:

                     (a)  provide for the *Slot Manager and the *Compliance Committee to report on specified matters; and

                     (b)  provide for the review of decisions made under this Act, the *Slot Management Scheme or the *Compliance Scheme; and

                     (c)  provide for the transfer of information, for the purposes of this Act:

                              (i)  between the Slot Manager and the Compliance Committee; and

                             (ii)  to the Slot Manager or the Compliance Committee by *Airservices Australia or by other persons; and

                     (d)  prescribe penalties, not exceeding 50 penalty units, for offences against the regulations.


Schedule 1Definitions

Note:       Section 3 describes how asterisks are used to identify terms that are defined in this Schedule.

  

  

1  Definitions

                   In this Act, unless the contrary intention appears:

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

aircraft movement means:

                     (a)  the landing of an aircraft on a runway; or

                     (b)  the taking off of an aircraft from a runway.

Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995.

associated: an *aircraft movement and a *gate movement are associated if:

                     (a)  for an aircraft movement that is a take‑off—the gate movement is the last gate movement of the aircraft before the take‑off; or

                     (b)  for an aircraft movement that is a landing—the gate movement is the first gate movement of the aircraft after the landing.

civil penalty provision means section 12 or 13.

Compliance Committee means the Committee appointed in accordance with regulations for the purposes of section 67.

Compliance Scheme means the scheme set out in a determination under subsection 54(2), as that scheme is amended from time to time and as it has effect subject to any determinations under subsection 59A(1).

curfew period has the same meaning as in the Sydney Airport Curfew Act 1995.

Federal Court means the Federal Court of Australia.

gate movement means:

                     (a)  the first movement of an aircraft after its external doors have been closed in preparation for an *aircraft movement that is a take‑off; or

                     (b)  the last movement of an aircraft immediately before the moment when, after an aircraft movement that is a landing, it comes to a standstill and the engines are turned off.

infringement notice means an infringement notice issued under section 19.

maximum movement limit has the meaning given by subsection 6(1).

operator of an aircraft means the person who, when a *gate movement using the aircraft occurs, is:

                     (a)  unless paragraph (b) applies—the owner of the aircraft; or

                     (b)  if the aircraft is under a lease at the time of the movement—the lessee of the aircraft.

slot has the meaning given by subsection 34(1).

Slot Management Scheme means the scheme set out in a determination under subsection 40(2), as that scheme is amended from time to time.

Slot Manager means the body corporate appointed under section 61 to hold the office of Slot Manager.

Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport.


Schedule 2Amendment of the Airports Act 1996

  

Note:

The amendments made by this Schedule are incorporated in the compilation on ComLaw.

Airports Act 1996

For access to the wording of the amendments made by this Schedule see Act No. 173, 1997.


Notes to the Sydney Airport Demand Management Act 1997

Note 1

The Sydney Airport Demand Management Act 1997 as shown in this compilation comprises Act No. 173, 1997 amended as indicated in the Tables below.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

For all other relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Sydney Airport Demand Management Act 1997

173, 1997

17 Nov 1997

Parts 2, 3: 17 May 1998 (see s. 2(3))
Remainder: Royal Assent

 

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (item 910): 5 Dec 1999 (see Gazette 1999, No. S584) (a)

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent
Remainder: 24 May 2001

Sch. 2 (items 418, 419)

Sydney Airport Demand Management Amendment Act 2001

45, 2001

5 June 2001

5 June 2001

Corporations (Repeals, Consequentials and Transitionals) Act 2001

55, 2001

28 June 2001

Ss. 4–14 and Schedule 3 (items 507, 508): 15 July 2001 (see Gazette 2001, No. S285 (b)

Ss. 4–14 [see Note 1]

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

S. 4 and Schedule 1 (items 424, 425, 496): Royal Assent

S. 4 and Sch. 1 (item 496)

Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006

109, 2006

27 Sept 2006

Schedule 2 (items 83–96): Royal Assent

Sydney Airport Demand Management Amendment Act 2008

83, 2008

12 July 2008

Schedule 1: 12 Jan 2009
Remainder: Royal Assent

Sch. 1 (items 43, 45)

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010

103, 2010

13 July 2010

Schedule 6 (items 1, 104): 1 Jan 2011


(a)     The Sydney Airport Demand Management Act 1997 was amended by Schedule 1 (item 910) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(b)    The Sydney Airport Demand Management Act 1997 was amended by Schedule 3 (items 507 and 508) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:

                 (3)   Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 4.......................................

am. No. 83, 2008

Heading to s. 5A...................

am. No. 103, 2010

S. 5A.....................................

ad. No. 45, 2001

 

am. No. 103, 2010

Part 2

 

S. 6.......................................

am. No. 83, 2008

S. 7.......................................

am. No. 109, 2006

S. 8.......................................

am. No. 83, 2008

Part 3

 

Heading to Part 3..................

rs. No. 83, 2008

Division 1

 

S. 10.....................................

rs. No. 83, 2008

Subhead. to s. 11(4).............

am. No. 83, 2008

S. 11.....................................

am. No. 83, 2008

Note to s. 11(6).....................

am. No. 83, 2008

Ss. 12, 13.............................

am. No. 83, 2008

Division 4

 

Heading to s. 27....................

am. No. 8, 2005

S. 27.....................................

am. No. 8, 2005

Division 5

 

Heading to s. 29....................

am. No. 83, 2008

S. 29.....................................

am. No. 83, 2008

S. 30.....................................

am. No. 83, 2008

S. 31.....................................

am. No. 83, 2008

Part 4

 

Division 1

 

S. 33.....................................

am. No. 83, 2008

S. 34.....................................

am. No. 83, 2008

S. 35.....................................

am. No. 45, 2001; No. 83, 2008

S. 36.....................................

am. No. 109, 2006; No. 83, 2008

Division 2

 

S. 40.....................................

am. No. 109, 2006

S. 44.....................................

am. No. 109, 2006

Division 3

 

S. 46 ....................................

am. No. 55, 2001; No. 83, 2008

Part 5

 

Division 1

 

S. 49.....................................

am. No. 83, 2008

S. 50.....................................

am. No. 109, 2006

Division 2

 

S. 54.....................................

am. No. 109, 2006

S. 58.....................................

am. No. 109, 2006

Division 3

 

Div. 3 of Part 5......................

ad. No. 83, 2008

S. 59A...................................

ad. No. 83, 2008

Part 6

 

S. 61 ....................................

am. No. 55, 2001

S. 62.....................................

am. No. 137, 2000

Part 8

 

S. 70.....................................

am. No. 83, 2008

S. 71.....................................

am. No. 146, 1999; No. 83, 2008

S. 74.....................................

am. No. 83, 2008

Schedule 1

 

Schedule. 1...........................

am. No. 83, 2008


Table A

Application, saving or transitional provisions

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418  Transitional—pre‑commencement offences

(1)        Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

                     (a)  an offence committed before the commencement of this item; or

                     (b)  proceedings for an offence alleged to have been committed before the commencement of this item; or

                     (c)  any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2)        Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419  Transitional—pre‑commencement notices

If:

                     (a)  a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

                     (b)  any or all of those other provisions are repealed by this Schedule; and

                     (c)  the first‑mentioned provision is amended by this Schedule;

the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

 

Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)

4  Saving of matters in Part 2 of Schedule 1

             (1)  If:

                     (a)  a decision or action is taken or another thing is made, given or done; and

                     (b)  the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;

then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.

             (2)  In this section:

Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.

Schedule 1

496  Saving provision—Finance Minister’s determinations

If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.

 

Sydney Airport Demand Management Amendment Act 2008 (No. 83, 2008)

Schedule 1

43  Saving of section 70

Section 70 of the Sydney Airport Demand Management Act 1997 as in force immediately before the commencement of item 42 continues to have effect after that commencement in relation to aircraft movements that occurred before that commencement.

45  Saving of existing delegations

A delegation in force under section 71 of the Sydney Airport Demand Management Act 1997 immediately before the commencement of item 44 continues to have effect after that commencement as if it were a delegation under that section as amended by that item.