SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Sydney Airport Demand Management Regulations 1998
Statutory Rules 1998 No. 119 as amended
made under the
Sydney Airport Demand Management Act 1997
Consolidated as in force on 28 September 1999
(includes amendments up to SR 1998 No. 337)
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra
Sydney Airport Demand Management Regulations 1998
Statutory Rules 1998 No. 119 as amended
made under the
Sydney Airport Demand Management Act 1997
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Part I Preliminary
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 1
Name of regulations [see Note 1]
These Regulations are the Sydney Airport Demand Management Regulations 1998.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 2
Commencement
These Regulations commence on gazettal.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 3
Definition
Demand Management Act means the Sydney Airport Demand Management Act 1997. SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Part 2 The Compliance Committees
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 4
Meaning of member
In this Part, unless the contrary intention appears:
member does not include an alternate member. SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 5
Committee membership (Demand Management
Act, s 67)
- (1)
- The Minister may appoint up to 7 people to be members of the Compliance Committee.
- (2)
- At least 3 members of the Committee must be people nominated by:
- (a)
- airlines that regularly use Sydney Airport; or
- (b)
- if there is an organisation that is accepted by the Minister as representing those airlines — that organisation.
- (3)
- At least 1 of those 3 members must be somebody nominated by:
Back to Top
- (a)
- regional service operators that regularly use Sydney Airport; or
- (b)
- if there is an organisation that is accepted by the Minister as representing those operators — that organisation.
- (4)
- At least 1 member of the Committee must be somebody nominated by the operator of Sydney Airport.
- (5)
- In subregulation (4):
operator of Sydney Airport means: - (a)
- if there is an airport lease for Sydney Airport — the airport-lessee company, within the meaning given by the Airports Act 1996; or
- (b)
- otherwise — the Federal Airports Corporation.
- (6)
- At least 1 member of the Committee must be somebody nominated by the body that provides air traffic control services at Sydney Airport.
- (7)
- For paragraphs (2) (a) and (3) (a), an operator regularly uses Sydney Airport if the operator operates 10 or more scheduled aircraft movements per week (on average during a scheduling season) through the airport.
- (8)
- In subregulation (7):
scheduling season has the same meaning as in the Slot Management Scheme 1998.Note Notice of the approval of the Slot Management Scheme 1998 was published in the Gazette on 20 April 1998. SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 6
Alternate members
- (1)
- The Minister may appoint someone as an alternate member to a member.
- (2)
- If a member was appointed on the nomination of a person or body, the Minister may appoint an alternate to the member only on the nomination of the person or body.
- (3)
- An alternate member may attend meetings of the Committee, but must not vote unless the member to whom he or she is alternate is absent.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 7
Duration of appointment etc
- (1)
- The duration of an appointment is the period, no longer than 3 years, that the Minister specifies in the instrument of appointment.
- (1A)
- However, the Minister may reappoint a member, including a member who has previously been reappointed under this subregulation, for a further period of no longer than 3 years.
- (2)
- A member or alternate member may resign his or her office by writing to the Minister.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 8
Chair of the Committee
- (1)
- The Minister must appoint 1 of the members to be the Chair of the Committee.
- (2)
- If the Chair is not present at a meeting of the Committee:
- (a)
- if there is an alternate member to the Chair — the alternate member presides; or
- (b)
- if there is no alternate member to the Chair, or there is such an alternate member but he or she is absent — the members of the Committee present at the meeting may appoint one of themselves to act as Chair for the meeting.
Back to Top
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 9
Procedures of the Committee generally
Subject to this Part, the Committee may determine the procedures for meetings, including:
- (a)
- convening meetings; and
- (b)
- how minutes are to be kept; and
- (c)
- who may be invited to attend meetings.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 9A
Meetings
The Committee must meet at least once in a calendar year.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 9B
Minutes
- (1)
- The Committee must arrange for minutes to be taken at all meetings of the Committee.
- (2)
- The Committee must keep a copy of the minutes of a meeting for at least 7 years after the meeting.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 10
Attendance by observers at meetings
- (1)
- A representative of the Slot Manager may attend any meeting of the Committee.
- (1A)
- The Committee must ensure that the Slot Manager is given reasonable notice of a meeting.
- (2)
- The Committee may allow somebody else to attend a meeting as an observer.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 11
Quorum
Four members (including an alternate member, if the member to whom he or she is alternate is absent) constitute a quorum.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 12
Voting
- (1)
- Each member has 1 vote, and, in the event of an equality of votes, the Chair also has a casting vote.
- (2)
- Matters before a meeting are to be determined by simple majority of votes of the members present and voting.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 13
Disclosure of interests by members of the Committee
- (1)
- In this regulation:
Back to Top
member includes an alternate member. (2) A member who has a direct or indirect interest (for example, as an employee of an airline whose conduct is being examined by the Committee) in a matter before the Committee, including a matter that is the subject of a proposed resolution being dealt with under regulation 15, must disclose the interest to the other members as soon as possible after he or she becomes aware of the relevant facts.
- (3)
- The member may not vote on the matter.
- (4)
- The member may not be present while the Committee discusses the matter, except with the permission of the other members.
- (5)
- A member is not taken to have an interest for this regulation only because of a direct or indirect pecuniary interest:
- (a)
- that the member has only through being in the aviation industry; and
- (b)
- in common with the other members of the Committee.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 14
Facts that may indicate an interest
- (1)
- In this regulation:
member includes an alternate member. (2) If a member has information that indicates that another member has a direct or indirect interest (within the meaning given by regulation 13) in a matter before the Committee, including a matter that is the subject of a proposed resolution being dealt with under regulation 15, he or she must give the information to the Committee.
- (3)
- The Committee must decide by resolution whether the allegedly interested member actually has an interest in the matter.
- (4)
- The allegedly interested member may not vote on the resolution.
- (5)
- The allegedly interested member may not be present while the Committee discusses the resolution, except with the permission of the other members.
- (6)
- If the Committee resolves that the allegedly interested member actually does have an interest in the matter before the Committee, he or she is taken to have such an interest in the matter for subregulations 13 (3) and (4).
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 15
Resolutions without meetings
- (1)
- The Committee may make a resolution in accordance with this regulation without holding a meeting.
- (2)
- The member who proposes the resolution must send a copy of it to:
- (a)
- each of the members of the Committee (including the Chair); and
- (b)
- the Slot Manager.
- (3)
- Members of the Committee may vote for or against the proposed resolution by writing, on a copy of the proposed resolution, words to the effect that they approve, or oppose, the proposed resolution, signing the copy and sending it to the Chair of the Committee.
- (4)
- If, within 14 days after the proposed resolution is sent to the members, enough members vote for it as set out in subregulation (3), the proposed resolution is taken to have been passed on the day when the Chair holds that number of votes.
- (5)
- In subregulation (4):
enough members means two-thirds of the number of members who, if the proposed resolution were put to a meeting, would be entitled to vote on it. (6) If the proposed resolution is not taken to be passed under subregulation (4) within that period of 14 days:
Back to Top
- (a)
- it is taken to be passed at the end of that period if two-thirds of the votes received by the Chair within the period are in favour of the proposed resolution; or
- (b)
- otherwise, it is taken to be lost.
- (7)
- The Chair must:
- (a)
- record the passing or loss of the resolution; and
- (b)
- tell the members of the Committee and the Slot Manager, in writing, of the passing or loss of the resolution.
- (8)
- The Committee must keep a copy of the record for at least 7 years after the period mentioned in subregulation (4).
- (9)
- To avoid doubt, resolutions of the kind mentioned in subregulation 14 (3) may be dealt with under this regulation.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Notes to the Sydney Airport Demand Management Regulations 1998
Note 1
The Sydney Airport Demand Management Regulations 1998 (in force under the Sydney Airport Demand Management Act 1997) as shown in this consolidation comprise Statutory Rules 1998 No. 119 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number
| Date of notification
in Gazette
| Date of
commencement
| Application, saving or
transitional provisions
|
1998 No. 119
| 9 June 1998
| 9 June 1998
|
|
1998 No. 337
| 16 Dec 1998
| 16 Dec 1998
| —
|
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
|
Provision affected
| How affected
|
R. 7
| am. 1998 No. 337
|
R. 9
| am. 1998 No. 337
|
Rr. 9A, 9B
| ad. 1998 No. 337
|
R. 10
| am. 1998 No. 337
|
Rr. 13-15
| am. 1998 No. 337
|