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Sydney Airport Demand Management Regulations 1998

Authoritative Version
SR 1998 No. 119 Regulations as amended, taking into account amendments up to SLI 2009 No. 69
Administered by: Infrastructure, Regional Development and Cities
Registered 05 May 2009
Start Date 02 May 2009

Sydney Airport Demand Management Regulations 1998

Statutory Rules 1998 No. 119 as amended

made under the

This compilation was prepared on 2 May 2009
taking into account amendments up to SLI 2009 No. 69

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


Contents

Part I                     Preliminary                                                                 

                        1     Name of regulations [see Note 1]                                      4

                        2     Commencement [see Note 1]                                           4

                        3     Definitions                                                                       4

Part 2                    The Compliance Committees                                

                        4     Meaning of member                                                         5

                        5     Committee membership (Act, s 67)                                   5

                        6     Alternate members                                                          6

                        7     Duration of appointment etc                                              6

                        8     Chair of the Committee                                                     6

                        9     Procedures of the Committee generally                              7

                      9A     Meetings                                                                         7

                      9B     Minutes                                                                          7

                       10     Attendance by observers at meetings                                7

                       11     Quorum                                                                          8

                       12     Voting                                                                             8

                       13     Disclosure of interests by members of the Committee         8

                       14     Facts that may indicate an interest                                   8

                       15     Resolutions without meetings                                           9

Part 3                    Functions of the Slot Manager                              

                       16     Slot Manager records                                                     11

                       17     Disposal of Slot Manager records                                    11

Part 4                    Requirements in relation to Slot Manager records       

                       18     Requirement to make Slot Manager records available to the Secretary 13

                       19     Requirement to report                                                     13

                       20     Requirement for operators to give times and reasons for specified gate movements       14

                       21     Requirement for Airservices Australia to give information about gate movement times    15

                       22     Requirement for Slot Manager to give information about specified gate movements        15

Part 5                    Transfer of Slot Manager records                        

                       23     Transfer of Slot Manager records to new Slot Manager      17

                       24     Transfer of Slot Manager records to Department                17

Notes                                                                                                          19

 


Part I                  Preliminary

  

1              Name of regulations [see Note 1]

                These Regulations are the Sydney Airport Demand Management Regulations 1998.

2              Commencement [see Note 1]

                These Regulations commence on gazettal.

3              Definitions

                In these Regulations:

Act means the Sydney Airport Demand Management Act 1997.

Secretary means the Secretary of the Department.

Slot Manager record means a record mentioned in subregulation 16 (1).

Note   The following terms used in these Regulations are defined in Schedule 1 to the Act:

(a)   aircraft;

(b)   Airservices Australia;

(c)   Compliance Committee;

(d)   Federal Court;

(e)   gate movement;

(f)    infringement notice;

(g)   operator;

(h)   slot;

(i)    Slot Management Scheme;

(j)    Slot Manager.

 

Part 2                 The Compliance Committees

  

4              Meaning of member

                In this Part, unless the contrary intention appears:

member does not include an alternate member.

5              Committee membership (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:

                (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 gate 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.

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.

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.

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.

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.

9A           Meetings

                The Committee must meet at least once in a calendar year.

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.

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.

11            Quorum

                Four members (including an alternate member, if the member to whom he or she is alternate is absent) constitute a quorum.

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.

13            Disclosure of interests by members of the Committee

         (1)   In this regulation:

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.

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).

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:

                (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.

Part 3                 Functions of the Slot Manager

  

16            Slot Manager records

         (1)   For paragraph 60 (2) (b) of the Act, the Slot Manager must keep records (Slot Manager records) of the following:

                (a)    a slot that is allocated to an operator of an aircraft by the Slot Manager under the Slot Management Scheme;

               (b)    a declaration made under section 7 of the Slot Management Scheme;

                (c)    gate movement times;

               (d)    a copy of the reasons (if any) that an operator of an aircraft has given to the Slot Manager under regulation 20;

                (e)    a copy of a document prepared by the Slot Manager in relation to a proceeding in the Federal Court:

                          (i)    for the payment of a pecuniary penalty under section 14 of the Act; and

                         (ii)    in which the Slot Manager is the applicant;

                (f)    a copy of an infringement notice;

                (g)    a copy of an evidentiary certificate made under section 70 of the Act.

         (2)   Subject to Part 5, the Slot Manager must keep Slot Manager records for 7 years.

17            Disposal of Slot Manager records

         (1)   For paragraph 60 (2) (b) of the Act, if the Slot Manager has kept a Slot Manager record for 7 years, the Slot Manager may, in writing, request approval from the Secretary to dispose of the record.

         (2)   The Secretary must, no later than 14 days after receiving the request, respond in writing to the Slot Manager by:

                (a)    consenting to the disposal of the record; or

               (b)    requesting, for the reasons set out in the response, that the record be kept for a further specified period.

         (3)   The Slot Manager must not dispose of a Slot Manager record until consent to dispose of the record has been given by the Secretary.

Part 4                 Requirements in relation to Slot Manager records

  

18            Requirement to make Slot Manager records available to the Secretary

         (1)   The Secretary may, in writing, request access to a Slot Manager record.

         (2)   If the Secretary makes a request for access to a Slot Manager record, the Slot Manager must make the record available to the Secretary no later than 14 days after the request is made.

         (3)   The Slot Manager may make the record available at the registered office of the Slot Manager or at another place that is agreed between the Secretary and the Slot Manager.

         (4)   The Secretary may take a copy of the Slot Manager record.

19            Requirement to report

         (1)   For paragraph 74 (2) (a) of the Act, the Secretary may, in writing, request a report from the Slot Manager in relation to:

                (a)    a scheduling season that starts after this Part commences; or

               (b)    other periods that start after this Part commences that are agreed between the Secretary and the Slot Manager .

         (2)   The Secretary may request the report on any or all of the following matters arising from the Slot Manager records:

                (a)    the number of slots allocated to an operator of an aircraft by the Slot Manager during the scheduling season or other period;

               (b)    the number of declarations made under section 7 of the Slot Manager Scheme during the scheduling season or other period, including any calculations used in making the declarations;

                (c)    the times in which all gate movements occurred during the scheduling season or other period;

               (d)    the reasons that an operator of an aircraft has given to the Slot Manager under regulation 20 during the scheduling season or other period;

                (e)    the number of proceedings that are in the Federal Court during the scheduling season or other period, being proceedings in which the Slot Manager is the applicant seeking payment of a pecuniary penalty under section 14 of the Act;

                (f)    the number of infringement notices that were issued during the scheduling season or other period;

                (g)    the number of evidentiary certificates that were made under section 70 of the Act during the scheduling season or other period.

         (3)   The Slot Manager must give the report to the Secretary:

                (a)    no later than 14 days after the end of the scheduling season or other period to which the report relates

               (b)    in writing.

         (4)   In this regulation:

scheduling season has the meaning given by subsection 2 (1) of the Slot Management Scheme.

20            Requirement for operators to give times and reasons for specified gate movements

         (1)   This regulation is made for subparagraph 74 (2) (c) (ii) of the Act.

         (2)   The Slot Manager or the Compliance Committee may request an operator of an aircraft to give the Slot Manager or the Compliance Committee:

                (a)    the time a specified gate movement occurred; and

               (b)    reasons why the specified gate movement occurred when it did.

         (3)   The request must:

                (a)    be in writing; and

               (b)    relate to a period that starts after this Part commences.

         (4)   The operator must give the information mentioned in paragraph (2) (a) to the Slot Manager or the Compliance Committee (whichever is applicable):

                (a)    no later than 14 days after the request is made; and

               (b)    in writing.

Penalty:   50 penalty units.

         (5)   The operator must give the information mentioned in paragraph (2) (b) to the Slot Manager or the Compliance Committee (whichever is applicable):

                (a)    no later than 14 days after the request is made; and

               (b)    in writing.

21            Requirement for Airservices Australia to give information about gate movement times

         (1)   For subparagraph 74 (2) (c) (ii) of the Act, the Slot Manager may, in writing, request Airservices Australia to give the Slot Manager the information mentioned in subregulation (2) for a period that starts after this Part commences.

         (2)   The information is:

                (a)    gate movement times for each slot that has been allocated to an operator of an aircraft by the Slot Manager; and

               (b)    gate movement times that occur without a slot and without an exemption granted under Division 5 of Part 3 of the Act.

         (3)   Airservices Australia must give the information to the Slot Manager:

                (a)    no later than 14 days after the request is made; and

               (b)    in writing.

22            Requirement for Slot Manager to give information about specified gate movements

         (1)   For subparagraph 74 (2) (c) (i) of the Act, the Compliance Committee may, in writing, request the Slot Manager to give information about specified gate movements to the Compliance Committee for a period that starts after this Part commences.

         (2)   The Slot Manager must give the information to the Compliance Committee:

                (a)    no later than 14 days after the request is made; and

               (b)    in writing.

Part 5                 Transfer of Slot Manager records

  

23            Transfer of Slot Manager records to new Slot Manager

         (1)   This regulation applies if:

                (a)    a body corporate ceases to be the Slot Manager (the old Slot Manager); and

               (b)    another body corporate becomes the Slot Manager (the new Slot Manager) at the time the old Slot Manager ceases to be the Slot Manager.

         (2)   For section 65 of the Act, the old Slot Manager must transfer the Slot Manager records held by it, because of the requirements in subregulation 16 (1) and regulation 17, to the new Slot Manager as soon as practicable after ceasing to be the Slot Manager.

24            Transfer of Slot Manager records to Department

         (1)   This regulation applies if:

                (a)    a body corporate ceases to be the Slot Manager (the old Slot Manager); and

               (b)    no other body corporate has been appointed as Slot Manager at the time the old Slot Manager ceases to be the Slot Manager.

         (2)   For section 65 of the Act, the old Slot Manager must transfer the Slot Manager records held by it, because of the requirements in subregulation 16 (1) and regulation 17, to the Department as soon as practicable after ceasing to be the Slot Manager.

         (3)   If the Department has received Slot Manager records under subregulation (2), the Department must:

                (a)    hold the Slot Manager records until another body corporate is appointed as Slot Manager (the new Slot Manager); and

               (b)    transfer the Slot Manager records to the new Slot Manager no later than 14 days after the new Slot Manager is appointed.

         (4)   If the new Slot Manager receives Slot Manager records under subregulation (3), the requirements in subregulation 16 (1) and regulation 17 apply to the new Slot Manager in relation to the Slot Manager records as if the new Slot Manager were the old Slot Manager for the Slot Manager records.


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 compilation comprise Statutory Rules 1998 No. 119 amended as indicated in the Tables below.

Table of Instruments

Year and
Number

Date of notification
in Gazette or FRLI registration

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

2009 No. 69

1 May 2009 (see F2009L01621)

2 May 2009

Table of Amendments

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

Provision affected

How affected

Part 1

 

R. 3.........................................

rs. 2009 No. 69

Part 2

 

Heading  to r. 5.....................

rs. 2009 No. 69

R. 5.........................................

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R. 7.........................................

am. 1998 No. 337

R. 9.........................................

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R. 9A.......................................

ad. 1998 No. 337

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Part 3

 

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Part 4

 

Part 4......................................

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Part 5

 

Part 5......................................

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