A Bill for an Act to impose a curfew and related restrictions on aircraft movements at Brisbane Airport, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Brisbane Airport Curfew and Demand Management Act 2022.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | A time or times to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Definitions
In this Act:
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.
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.
Australia, when used in a geographical sense, includes the external Territories.
authorised person means:
(a) the Secretary of the Department; or
(b) a person appointed in writing by the Secretary to be an authorised person for the purposes of this Act; or
(c) a person included in a class of persons appointed in writing by the Secretary to be authorised persons for the purposes of this Act.
Brisbane Airport means the airport known as Brisbane Airport.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
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 53(2), as that scheme is amended from time to time and as it has effect subject to any determinations under subsection 59(1).
curfew period has the meaning given by section 9.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
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 has the same meaning as in the Regulatory Powers Act.
land—an aircraft lands when it touches the ground.
maximum movement limit has the meaning given by subsection 18(1).
operator of an aircraft:
(a) in Part 2—means a person who conducts an aircraft operation using the aircraft; and
(b) other than in Part 2—means the person who, when a gate movement using the aircraft occurs, is:
(i) unless subparagraph (ii) applies—the owner of the aircraft; or
(ii) if the aircraft is under a lease at the time of the movement—the lessee of the aircraft.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
slot has the meaning given by subsection 31(1).
Slot Management Scheme means the scheme set out in a determination under subsection 38(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.
state aircraft has the meaning given by section 29.
take off—an aircraft takes off when it leaves the ground.
4 Disapplying Part 2.5 of Criminal Code
Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.
5 Time is legal time in Queensland
References in this Act to time are references to legal time in Queensland.
6 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 a pecuniary penalty or to be prosecuted for an offence.
7 Extra‑territorial operation
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
8 Schedule 2
Legislation that is specified in Schedule 2 is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
Part 2—The curfew
Division 1—The curfew
9 Curfew periods
A curfew period starts at 10 pm on a day and ends at 6 am on the next day.
10 Prohibition on taking off or landing during curfew periods
(1) An aircraft must not take off from, or land at, Brisbane Airport during a curfew period, unless the take‑off or landing is permitted under Division 2.
(2) The operator of an aircraft commits an offence if:
(a) the operator engages in conduct; and
(b) the operator’s conduct results in a contravention of subsection (1).
Penalty: 1,000 penalty units.
(3) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
11 Use of reverse thrust during curfew periods
(1) If an aircraft lands at Brisbane Airport during a curfew period using reverse thrust greater than idle reverse thrust, the operator of the aircraft must lodge a return in accordance with subsection (4) within 7 days after the landing.
(2) The operator of an aircraft commits an offence if:
(a) the operator engages in conduct; and
(b) the operator’s conduct results in a contravention of subsection (1).
Penalty: 50 penalty units.
(3) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) The return must:
(a) state the date and time of the landing; and
(b) state the aircraft’s registration mark, its operator, and its type; and
(c) state the reason why reverse thrust greater than idle reverse thrust was used during the landing; and
(d) be lodged by giving the return to an authorised person at a prescribed address.
(5) The operator of an aircraft should not plan to land the aircraft at Brisbane Airport during a curfew period if the operator is aware that the landing would require the use of reverse thrust greater than idle reverse thrust.
(6) The pilot of an aircraft landing at Brisbane Airport during a curfew period should use only the minimum reverse thrust necessary for a safe landing.
12 Missed approaches during curfew periods
(1) If an aircraft attempts to land at Brisbane Airport during a curfew period but misses the approach, the operator of the aircraft must lodge a return in accordance with subsection (4) within 7 days after the attempted landing.
(2) The operator of an aircraft commits an offence if:
(a) the operator engages in conduct; and
(b) the operator’s conduct results in a contravention of subsection (1).
Penalty: 50 penalty units.
(3) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) The return must:
(a) state the date and time of the attempted landing; and
(b) state the aircraft’s registration mark, its operator, and its type; and
(c) state the reasons for missing the approach, including the wind conditions prevailing at the time; and
(d) state the downwind limits for landing specified in the aircraft’s flight manual; and
(e) be lodged by giving the return to an authorised person at a prescribed address.
Division 2—Exceptions
13 Regulations
For the purposes of subsection 10(1), an aircraft may take‑off from, or land at Brisbane Airport between 10 pm and midnight, or may land at Brisbane Airport between 5 am and 6 am, in circumstances specified by the regulations (including circumstances involving approval by the Minister or another person).
14 Aircraft may take off or land in emergencies or if Minister grants dispensation
For the purposes of subsection 10(1), an aircraft may take off from, or land at, Brisbane Airport in circumstances that would otherwise contravene section 10 if:
(a) the aircraft is involved in an emergency as described in section 15; or
(b) a dispensation granted by the Minister under section 16 authorises the take‑off or landing and the take‑off or landing is in accordance with any conditions of the dispensation; or
(c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the aircraft is being used for or in connection with the emergency to which the declaration relates.
15 Emergencies
For the purposes of paragraph 14(a), an aircraft is involved in an emergency if:
(a) the aircraft is being used 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; or
(c) the aircraft has insufficient fuel to be diverted to another airport; or
(d) there is an urgent need for the aircraft to land or take off:
(i) to ensure the safety or security of the aircraft or any person; or
(ii) to avoid damage to property.
16 Dispensations in exceptional circumstances
(1) The Minister may grant a dispensation authorising an aircraft to take off from, or land at, Brisbane Airport in circumstances that would otherwise contravene section 10 if the Minister is satisfied that there are exceptional circumstances justifying the take‑off or landing.
(2) A dispensation may be granted subject to conditions including, for example, conditions relating to when the take‑off or landing must occur and the runway to be used.
(3) In granting dispensations, the Minister must have regard to guidelines made under subsection (5).
(4) A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.
(5) The Minister must, by legislative instrument, make guidelines about the granting of dispensations under this section including, in particular:
(a) what constitutes exceptional circumstances; and
(b) the conditions to which dispensations should be subject.
(6) The consultation procedures set out in Schedule 1 apply if the Minister proposes to make guidelines under subsection (5).
Division 3—Provision of information
17 Authorised person may require the provision of information
(1) An authorised person may, by notice in writing given to the operator of an aircraft, require the operator to give the authorised person, within 30 days of receiving the notice:
(a) information relating to the noise level of the aircraft; or
(b) information relevant to determining whether a take‑off or landing of the aircraft was permitted by paragraph 14(a) (emergencies).
(2) The operator must not fail to comply with the notice.
Penalty: 50 penalty units.
Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).
Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.
(3) This section does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.
Part 3—The maximum aircraft movement limit
18 Maximum movement limit
(1) There are to be no more than 45 aircraft movements at Brisbane Airport in any regulated hour. This limit is known as the maximum movement limit.
Note: The Minister may determine a lower limit—see section 19.
(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 Part 2.
(4) In applying the limit imposed by this section, aircraft movements associated with gate movements that are permitted by Division 2 of Part 4 are not to be counted.
(5) The purpose of this section is to set the maximum movement limit for the purposes of subsection 32(4) (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.
19 Minister’s power to determine a lower maximum movement limit
(1) The Minister may, by legislative instrument, determine that subsection 18(1) is to have effect as if a lower number of aircraft movements were specified in it.
Note: See section 20 for consultation requirements.
(3) While a determination under subsection (1) is in force, subsection 18(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.
20 Consultation about determination of lower maximum movement limit
(1) Before making a determination under subsection 19(1), the Minister must, by notifiable instrument, publish a notice:
(a) stating that the Minister is considering making the determination specified in the notice; and
(b) inviting members of the public and 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 Brisbane Airport;
(ii) Airservices Australia;
(iii) the Civil Aviation Safety Authority;
(iv) persons who represent the interests of all of the aircraft operators who use Brisbane Airport to operate scheduled air services;
(v) persons who represent the interests of communities in South‑East Queensland.
(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 section 17 (consultation) of the Legislation Act 2003 apply to the making of the determination.
21 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 Brisbane Airport
(6) If Airservices Australia ceases to provide air traffic services at Brisbane 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 Brisbane 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 4—Unauthorised gate movements
Division 1—Unauthorised gate movements
22 Gate movements to which this Part applies
This Part applies to all gate movements at Brisbane Airport, other than:
(a) any gate movement that is permitted by Division 2; 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 13;
(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 Part 2. Slots cannot be allocated for times during curfew periods (see subsection 32(3)).
23 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 48(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 32(6).
(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.
24 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.
Civil penalty: 400 penalty units.
25 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.
Civil penalty: 200 penalty units.
Division 2—Exceptions
26 Aircraft may make gate movements in emergencies or if Slot Manager grants dispensation
For the purposes of paragraph 22(a), an aircraft may make a gate movement at Brisbane 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 27; or
(b) a dispensation granted by the Slot Manager under section 28 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 29.
27 Emergencies
For the purposes of paragraph 26(a), 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.
28 Dispensations in exceptional circumstances
(1) The Slot Manager may grant a dispensation authorising an aircraft to make a gate movement at Brisbane 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 32(7).
(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.
29 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 under regulations made under the Civil Aviation Act 1988; or
(b) an aircraft used in the military, customs or police services of a country other than Australia.
Part 5—The Slot Management Scheme
Division 1—Framework within which Scheme to be developed and to operate
30 The Scheme and its basic purpose
(1) There is to be a scheme, known as the Slot Management Scheme, for Brisbane Airport.
(2) The basic purpose of the Scheme is to provide a system for the allocation of permissions for gate movements at Brisbane Airport. The system must be consistent with the maximum movement limit for aircraft movements.
31 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.
32 Contents of Scheme
(1) The Slot Management Scheme must provide a system for the allocation of slots for gate movements at Brisbane 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.
(2) The Scheme may deal with the allocation of slots for specified categories of gate movements.
(3) The Scheme must not allow slots to be allocated for times during curfew periods.
(4) The Scheme must be consistent with the maximum movement limit for aircraft movements.
(5) 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.
(6) The Scheme must set out guidelines relating to the exercise of the Slot Manager’s power under subsection 23(4) to make declarations that gate movements are not required to take place in accordance with their allocated slots.
(7) The Scheme must set out guidelines relating to the exercise of the Slot Manager’s power under section 28 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.
(8) 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.
(9) The Scheme may contain other provisions relating to the performance of the Slot Manager’s functions.
(10) 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.
(11) The Scheme must be consistent with the additional requirements (if any) specified in determinations in force under section 33.
(12) The Scheme must be consistent with any requirements of Part 2 that relate to aircraft movements before or after curfew periods.
33 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.
34 Consequence of Scheme not being consistent with section 32
Inconsistency with section 32 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 2—Development and amendment of Scheme
Subdivision A—Development
35 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 Brisbane Airport that is consistent with section 32.
(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.
36 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 32.
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 32.
37 Consultation about scheme
(1) Before approving the draft scheme (as originally developed or as amended by the Slot Manager or the Minister), the Minister must, by notifiable instrument, publish a notice:
(a) stating that the Minister is considering approving the draft scheme; and
(b) setting out the draft scheme in full; and
(c) inviting members of the public and persons covered by any of the following subparagraphs to give the Minister a written submission about the draft scheme within 30 days after the publication of the notice:
(i) the operator of Brisbane Airport;
(ii) Airservices Australia;
(iii) the Civil Aviation Safety Authority;
(iv) persons who represent the interests of all of the aircraft operators who use Brisbane Airport to operate scheduled air services;
(v) persons who represent the interests of communities in South‑East Queensland.
(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 deciding whether to approve the draft scheme.
(3) Subsection (2) does not, by implication, limit the matters to which the Minister may have regard.
Note: See also section 17 (consultation) of the Legislation Act 2003.
38 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 32.
(2) If the Minister approves the draft scheme, the Minister must, by legislative instrument, determine that the Slot Management Scheme for Brisbane 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.
39 When Slot Management Scheme comes into force
The scheme set out in a determination under subsection 38(2) comes into force as the Slot Management Scheme on the day specified in accordance with paragraph 38(2)(b).
Subdivision B—Amendment
40 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.
41 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 32.
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 32.
42 Consultation about amendments
(1) Before approving an amendment of the Slot Management Scheme (being an amendment developed by the Slot Manager or the Minister), the Minister must, by notifiable instrument, publish a notice:
(a) stating that the Minister is considering approving the amendment; and
(b) setting out the amendment; and
(c) inviting members of the public and persons covered by any of the following subparagraphs to give the Minister a written submission about the amendment within 30 days after the publication of the notice:
(i) the operator of Brisbane Airport;
(ii) Airservices Australia;
(iii) the Civil Aviation Safety Authority;
(iv) persons who represent the interests of all of the aircraft operators who use Brisbane Airport to operate scheduled air services;
(v) persons who represent the interests of communities in South‑East Queensland.
(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 deciding whether to approve the amendment.
(3) Subsection (2) does not, by implication, limit the matters to which the Minister may have regard.
Note: See also section 17 (consultation) of the Legislation Act 2003.
43 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 32.
(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.
44 When an amendment comes into force
The amendment set out in a determination under subsection 43(2) comes into force on the day specified in accordance with paragraph 43(2)(b).
Division 3—Powers of Minister and Compliance Committee in relation to slot allocation
45 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 32(5), 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.
46 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 6—The Compliance Scheme
Division 1—Framework within which Scheme to be developed and to operate
47 The Scheme and its basic purpose
(1) There is to be a scheme, known as the Compliance Scheme, for Brisbane Airport.
(2) The basic purpose of the Scheme is to provide for various matters relating to compliance with the requirements of Part 4.
48 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 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 49.
49 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.
50 Consequence of Scheme not being consistent with section 48
Inconsistency with section 48 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 2—Development and amendment of Scheme
Subdivision A—Development
51 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 Brisbane Airport that is consistent with section 48.
(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.
52 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 48.
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 48.
53 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 48.
(2) If the Minister approves the draft scheme, the Minister must, by legislative instrument, determine that the Compliance Scheme for Brisbane 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.
54 When Compliance Scheme comes into force
The scheme set out in a determination under subsection 53(2) comes into force as the Compliance Scheme on the day specified in accordance with paragraph 53(2)(b).
Subdivision B—Amendment
55 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.
56 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 48.
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 48.
57 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 48.
(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.
58 When an amendment comes into force
The amendment set out in a determination under subsection 57(2) comes into force on the day specified in accordance with paragraph 57(2)(b).
Division 3—Modification of Scheme in exceptional circumstances
59 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 Legislation Act 2003).
(4) Modifications specified in a determination under subsection (1) do not have to be consistent with section 48.
(5) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
(6) In this section:
modifications includes additions, omissions and substitutions.
Part 7—The Slot Manager
60 The Slot Manager
(1) There is to be a Slot Manager for Brisbane 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:
(a) aviation generally; and
(b) the issues involved in slot allocation processes, including:
(i) flight noise abatement; and
(ii) community impacts.
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;
(b) the employees and agents of the Slot Manager;
(c) persons authorised under provisions of the Slot Management Scheme referred to in subsection 32(5).
Definitions
(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 32(5) 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 8—The Compliance Committee
66 The Compliance Committee
(1) There is to be a Compliance Committee for Brisbane 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 9—The Long Term Operating Plan
70 The Long Term Operating Plan
(1) The Minister must cause a long term operating plan for Brisbane Airport to be developed.
(2) The plan must deal with the management of aircraft movements and airspace at Brisbane Airport, including:
(a) flight noise abatement; and
(b) community impact; and
(c) related matters.
(3) Development of the plan must involve:
(a) a review of current operating procedures and airspace management at Brisbane airport; and
(b) consultation with:
(i) the operator of Brisbane Airport; and
(ii) Airservices Australia; and
(iii) communities in South‑East Queensland; and
(iv) other relevant stakeholders; and
(c) consideration of whether flights can be directed to take off and land over Moreton Bay to minimise noise and disturbance for Brisbane residents.
(4) The Minister must cause a copy of the plan to be tabled in each House of the Parliament on or before the first sitting day of that House occurring 12 months or more after the commencement of this section.
(5) The Minister must take all reasonable steps to ensure that the plan is implemented (for example, by directing Airservices Australia under subsection 16(1) of the Air Services Act 1995 to implement the plan).
Part 10—Miscellaneous
71 Minister to consult
(1) The consultation procedures set out in Schedule 1 apply if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.
(2) If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.
72 Civil penalties
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Slot manager is an authorised applicant in relation to a civil penalty provisions of this Act.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, the Federal Court is a relevant court in relation to a civil penalty provision of this Act.
Extension to external Territories etc.
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to a civil penalty provision in this Act, extends to:
(a) every external Territory; and
(b) acts, omissions, matters and things outside Australia.
73 Infringement notices
Provisions subject to an infringement notice
(1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officer
(2) For the purposes of Part 5 of the Regulatory Powers Act, the Slot Manager is an infringement officer in relation to the provisions mentioned in subsection (1).
Relevant chief executive
(3) For the purposes of Part 5 of the Regulatory Powers Act, the Slot Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1).
Role of Compliance Committee
(4) The Slot Manager must only exercise the powers it has under Part 5 of the Regulatory Powers Act in accordance with the Compliance Scheme.
Extension to external Territories etc.
(5) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to:
(a) every external Territory; and
(b) acts, omissions, matters and things outside Australia.
74 Conduct by directors, employees and agents
(1) If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:
(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) that the director, employee or agent had the state of mind.
(2) Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
(3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:
(a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and
(b) that the employee or agent had the state of mind.
(4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
(5) In this section:
director, in relation to a body that:
(a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and
(b) is constituted by one or more members;
means the member, or any of the members, constituting the body.
engage in conduct includes fail or refuse to engage in conduct.
offence against this Act includes the following:
(a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act;
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code.
state of mind, in relation to a person, includes:
(a) the person’s knowledge, intention, opinion, belief or purpose; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
75 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.
76 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.
77 Delegation
(1) The Minister may, in writing, delegate the Minister’s powers to grant dispensations under section 16 to:
(a) the Secretary of the Department; or
(b) an APS employee in the Department; or
(c) an employee of Airservices Australia.
(2) The Minister may, in writing, delegate to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department;
all or any of the following powers:
(c) the power under section 43 to give approvals and make determinations in relation to amendments of the Slot Management Scheme;
(d) the power under section 57 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.
78 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 1—Consultation procedures
Note: See sections 16 and 71.
1 Schedule sets out consultation procedures
Clauses 3 to 6 of this Schedule set out the consultation procedures that apply if:
(a) the Minister proposes to make guidelines under subsection 16(5) of this Act; or
(b) the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.
2 Minister may determine that a body or organisation represents those likely to be affected
The Minister may, by notifiable instrument, determine that a specified body or organisation sufficiently represents the interests of those likely to be affected by proposed actions to which clauses 3 to 6 apply.
3 Minister must prepare a written proposal
The Minister must prepare a written proposal containing:
(a) a summary of the action that the Minister is proposing to take; and
(b) a statement of the reasons for that proposed action; and
(c) a broad indication of the relative costs and benefits to the Government and to the affected public of that proposed action.
4 Public to be invited to make submissions
The Minister must, by notifiable instrument, publish a notice:
(a) stating that the Minister intends to take the proposed action; and
(b) describing the manner in which copies of the written proposal can be obtained or inspected; and
(c) inviting the public to make written submissions on the proposal and indicating the period within which (not being less than 42 days after the notice is published), and the place at which, written submissions may be made.
5 Body or organisations specified under clause 2 to be consulted
If a notice specifying a body or organisation under clause 2 is in force, the Minister must:
(a) give a copy of the written proposal to the body or organisation; and
(b) invite the body or organisation to make written submissions on the proposal and indicate the period within which (not being less than 42 days after receipt of the written proposal), and the place at which, written submissions may be made.
6 Submissions
Publication of submissions
(1) The Minister must cause to be published on the Department’s website any submissions received within the periods specified as required by paragraphs 4(c) and 5(b).
(2) However, a particular submission made by a person must not be published under subclause (1) if the person has requested the Minister not to publish the submission on the ground that publication of the submission could reasonably be expected to substantially prejudice the commercial interests of the person or another person.
(3) A request under subclause (2) must be in writing.
Consideration of submissions
(4) The Minister must consider all written submissions received within the periods specified as required by paragraphs 4(c) and 5(b) before taking the action to which the submissions relate.
7 Failure to comply does not invalidate
A failure to comply with this Schedule does not affect the validity of an amendment of this Act or of a legislative instrument making guidelines under subsection 16(5).