Part 1—Preliminary
1.01 Name of regulations
These regulations are the Airports Regulations 1997.
1.02 Interpretation
In these Regulations:
Act means the Airports Act 1996.
Secretary means the Secretary to the Department.
SES employee has the meaning given by the Public Service Act 1999.
1.02A Airport lease—joint‑user airport
For the definition of airport lease in section 5 of the Act, the leased area of a joint‑user airport is the area that is the airport site for the airport.
1.03 Airport sites
(1) For the definition of airport site in section 5 of the Act, each of the following places (to the extent that it is a Commonwealth place) is declared to be an airport site:
(a) Adelaide Airport—that is, the place made up of the land described in Part 1.1 of Schedule 1;
(b) Alice Springs Airport—that is, the place made up of the land described in Part 1.2 of Schedule 1;
(c) Archerfield Airport—that is, the place made up of the land described in Part 1.3 of Schedule 1;
(d) Bankstown Airport—that is, the place made up of the land described in Part 1.4 of Schedule 1;
(e) Brisbane Airport—that is, the place made up of the land described in Part 1.5 of Schedule 1;
(f) Camden Airport—that is, the place made up of the land described in Part 1.6 of Schedule 1;
(g) Canberra Airport—that is, the place made up of the land described in Part 1.7 of Schedule 1;
(h) Darwin International Airport—that is, the place made up of the land described in Part 1.8 of Schedule 1;
(i) Essendon Fields Airport—that is, the place made up of the land described in Part 1.9 of Schedule 1;
(j) Gold Coast Airport—that is, the place made up of the land described in Part 1.10 of Schedule 1;
(k) Hobart International Airport—that is, the place made up of the land described in Part 1.11 of Schedule 1;
(l) Jandakot Airport—that is, the place made up of the land described in Part 1.12 of Schedule 1;
(m) Launceston Airport—that is, the place made up of the land described in Part 1.13 of Schedule 1;
(n) Melbourne (Tullamarine) Airport—that is, the place made up of the land described in Part 1.14 of Schedule 1;
(o) Moorabbin Airport—that is, the place made up of the land described in Part 1.15 of Schedule 1;
(p) Mount Isa Airport—that is, the place made up of the land described in Part 1.16 of Schedule 1;
(q) Parafield Airport—that is, the place made up of the land described in Part 1.17 of Schedule 1;
(r) Perth Airport—that is, the place made up of the land described in Part 1.18 of Schedule 1;
(s) Sydney (Kingsford‑Smith) Airport—that is, the place made up of the land described in Part 1.19 of Schedule 1;
(sa) Sydney West Airport—that is, the place made up of the land described in Part 1.19A of Schedule 1;
(t) Tennant Creek Airport—that is, the place made up of the land described in Part 1.20 of Schedule 1;
(u) Townsville Airport—that is, the place made up of the land described in Part 1.21 of Schedule 1.
(2) In Schedule 1, a reference to land by reference to the number of a certificate of title, or registered or deposited plan, is taken to continue to be a reference to the land if the certificate of title or plan is cancelled, replaced or consolidated with another certificate or plan, so long as the interest of the proprietor of the land remains unchanged.
1.04 Canberra Airport ceases to be joint user airport
For the purposes of the Act, Canberra Airport ceases to be a joint‑user airport when this regulation commences.
Part 2—Leasing and management of airports
2.01 Interpretation
In this Part:
associate has the meaning given by clause 5 of the Schedule to the Act.
existing interest means an interest subject to which an airport lease was granted (because of section 26 of the Airports (Transitional) Act 1996).
licence means a licence relating to an airport lease, and includes a proposed licence relating to an airport lease.
licensee includes a person who has agreed to become a licensee under a proposed licence.
prostitution means the provision by a person to, or for, another person (whether or not the 2 persons are of different sexes) of sexual services for payment or reward.
sublease includes a proposed sublease.
sublessee includes a person who has agreed to become a sublessee under a proposed sublease.
terms includes conditions.
2.01A Airports to which Part 2 of the Act applies
For paragraph 12(1)(b) of the Act, the following airports are specified:
(a) Archerfield Airport;
(aa) Bankstown Airport;
(ab) Camden Airport;
(b) Essendon Fields Airport;
(c) Jandakot Airport;
(d) Moorabbin Airport;
(e) Mount Isa Airport;
(f) Parafield Airport;
(g) Tennant Creek Airport.
2.02 Grounds for refusing to approve the transfer of an airport lease
For paragraph 24(3)(a) of the Act, the following grounds are specified:
(a) that the proposed transferee does not have the financial strength and managerial capabilities necessary to:
(i) operate and develop the airport over the remainder of the lease period; or
(ii) provide high‑quality airport services consistently with the sound development of civil aviation;
(b) that the proposed transfer would if it took place, be destructive of diversity in the ownership of Australian airports;
(c) that if the proposed transfer takes place, the employees of the transferor company will be unfairly or inequitably treated, or their accrued benefits not preserved;
(d) that the Minister is satisfied that the proposed transferee will not act responsibly in matters concerning the environment;
(e) that the Minister is satisfied that that the proposed transferee will not be responsive to:
(i) the needs of the region in which the airport is located; or
(ii) the interests of airport users;
(f) that the Minister is not satisfied that, on or before the day of the proposed transfer of the airport lease, the transferor has transferred, or will transfer, to the proposed transferee, the transferor’s rights, liabilities and obligations relating to the airport lease or airport site under all contracts, or other arrangements, between the Commonwealth and the transferor that are specified in a written notice given to the transferor by the Minister.
2.03 Grounds for refusing to approve an airport‑management agreement or variation of an agreement
(1) For paragraphs 33(4C)(a) and (4F)(a) of the Act, the matters are whether the agreement or the agreement as varied:
(a) gives the airport‑lessee company an option to purchase the assets of the airport‑management company:
(i) when the agreement is terminated; or
(ii) if, under the Corporations Act 2001, the airport‑management company goes into liquidation or is wound up or if a liquidator is appointed (whether the liquidation is voluntary, provisional or otherwise and whether or not the liquidator is appointed provisionally or otherwise); and
(b) provides that, if the airport lease is terminated for any reason, the Minister may direct that the Commonwealth, or a person nominated by the Minister, is taken to be substituted for the airport‑lessee company as a party to the agreement; and
(c) provides that, if the airport lease is terminated for any reason, and if the Minister gives a direction referred to in paragraph (b), the agreement continues to have effect according to its terms, except that:
(i) the Commonwealth or person nominated by the Minister is to be taken to be a party to the agreement in the place of the airport‑lessee company; and
(ii) the Commonwealth or person nominated by the Minister is not liable under the agreement for liabilities arising before the Commonwealth or person is taken to have become a party to it; and
(iii) the Commonwealth or person may terminate the agreement at any time, subject to the payment of fair and reasonable compensation; and
(d) provides that the airport‑lessee company may not terminate the agreement unless it gives the Secretary written notice, at least 21 days before the intended date of the termination, of its intention to do so, and gives the Secretary any information that the Secretary reasonably requires about the termination; and
(e) either:
(i) provides that the airport‑lessee company may terminate the agreement only upon reasonable notice and for reasonable cause; or
(ii) does not provide that the airport‑lessee company may terminate the agreement at any time without cause; and
(f) provides for financial information to be given by the airport‑management company to the airport‑lessee company to enable the airport‑lessee company to comply with Part 7 of the Act (relating to accounts and reports).
(2) In paragraph (1)(a):
assets of an airport‑management company includes:
(a) non‑fixed plant and equipment, vehicles, machinery, office equipment, or computer systems owned by the airport‑management company and used exclusively at, or in relation to, the airport concerned; and
(b) any interest of the airport‑management company as lessee or bailee of equipment referred to in paragraph (a); and
(c) any interest of the airport‑management company in a contract for the supply of goods and services for use at, or in relation to, the airport; and
(d) any other tangible personal property of the airport‑management company used in connection with the management, operation or maintenance of the airport; and
(e) any interest of the airport‑management company in intellectual property including computer software, or any right of the airport‑management company to use computer software, in connection with the management, operation or maintenance of the airport.
2.04 Prohibited kinds of subleases
(1) For subsection 34(1) of the Act, the following kinds of subleases of an airport lease are prohibited:
(a) a sublease for a purpose inconsistent with the use as an airport of the airport site concerned, as set out in whichever of the following is applicable:
(i) if there is a final master plan for the airport site—the final master plan;
(ii) if the airport is Sydney West Airport, and Part 2 of an airport plan for the airport is in force—Part 2 of the airport plan;
(b) a sublease of premises within the airport site for prostitution;
(c) a sublease that is an airport‑management agreement within the meaning given by subsection 33(7) of the Act, unless the sublessee is a qualified company and has been approved by the Minister under paragraph 33(1)(a) of the Act.
(2) For subsection 34(1) of the Act, a sublease of any of the following kinds is prohibited unless the Secretary makes a declaration about the sublease under regulation 2.05:
(a) a sublease to a sublessee that is not:
(i) a constitutional corporation; or
(ii) a bank other than a bank established or operated by a State or Territory; or
(iii) the Commonwealth, or an authority of the Commonwealth;
(b) a sublease for residential development;
(c) a sublease to a person as trustee of a trust.
(2A) Despite paragraph (2)(a), a sublease to an individual is not prohibited if the sublease is for:
(a) a single site retail business; or
(b) a car parking bay.
(3) For subsection 34(1) of the Act, a sublease to a State or Territory government or authority is prohibited unless the Secretary approves the sublease under regulation 2.07.
(4) However, if a sublease was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulations (1), (2) and (3) apply to the sublease only if its terms are varied after the commencement of this regulation.
(5) If a sublease referred to in subregulation (4) is varied after the commencement of this regulation:
(a) subregulation (1), (2) or (3) applies to it from the time of the variation; and
(b) in the case of a sublease to which subregulation (2) applies—the sublease (as varied) is taken to be prohibited unless the Secretary makes a declaration under regulation 2.05 about the sublease (as varied); and
(c) in the case of a sublease to which subregulation (3) applies—the sublease (as varied) is taken to be prohibited unless the Secretary approves the sublease (as varied) under regulation 2.07.
2.05 Secretary may declare that specified sublease not prohibited
(1) On application by the sublessee under a sublease to which subregulation 2.04(2) applies, the Secretary may declare, by instrument, that the subregulation does not prohibit the sublease.
(2) The Secretary must make a decision on the application within 30 days after the application is made.
(3) Before making a decision, the Secretary must be satisfied that, if the declaration is made, the sublease will not have the effect of frustrating the objects of the Act.
(4) In considering whether to make a declaration under subregulation (1), the Secretary must take into account:
(a) the duration of the sublease; and
(b) the size of the area subject to the sublease; and
(c) the terms of the sublease.
(5) The Secretary must inform the applicant in writing of the decision within 7 days after making the decision, and must give the applicant:
(a) if the Secretary made the declaration—a copy of the relevant instrument; or
(b) if the Secretary refused to make the declaration—a statement of the reasons for the refusal.
(6) If the Secretary makes the declaration, section 34 of the Act is taken not to prohibit the sublease until the Secretary revokes the declaration under regulation 2.06.
2.06 Revocation of declaration
(1) If it appears that there has been a change in circumstances that justifies revoking a declaration under regulation 2.05, the Secretary may, by notice in writing, require the sublessee to demonstrate, within a specified reasonable time, that there has been no such change.
(2) The Secretary must revoke the declaration if he or she is satisfied that, after the change, the sublease has the effect of frustrating the objects of the Act.
(3) In deciding whether a change justifies revocation of the declaration, the Secretary must take into account the circumstances before and after the change, including any change in:
(a) the duration of the sublease; and
(b) the size of the area subject to the sublease; and
(c) the terms of the sublease.
(4) If, after considering any evidence produced by the sublessee, the Secretary is satisfied that the declaration should be revoked, the Secretary may revoke the declaration.
(5) If the Secretary revokes the declaration, the Secretary must give the sublessee notice in writing of the revocation, and a statement of the reasons for the revocation.
(6) The revocation becomes effective 1 month after the notice is given to the sublessee.
2.07 Approval of sublease to State government etc
(1) The Secretary may, by instrument, approve a sublease for subregulation 2.04(3).
(2) In considering whether to approve a sublease, the Secretary must take into account:
(a) whether the activity for which the sublease is granted, or proposed to be granted, is being or will be carried out on a fully commercial basis; and
(b) whether the State or Territory government or authority has given a written undertaking to comply with the laws of the Commonwealth (including any applied State or Territory law); and
(c) whether an obligation or restriction imposed by a law of the State or Territory will be inconsistent with the Act, these Regulations or the proposed sublease.
(3) The Secretary may approve a sublease to a class of State or Territory government authorities, or to a State or Territory government in relation to a class of functions of the government.
2.09 Mandatory terms in subleases
(1) For subsection 34B(1) of the Act, a sublease is required to contain terms of the following kinds:
(a) a term to the effect that the sublease is automatically terminated upon the creation of an interest in the sublease in favour of a person (other than a qualified company that has been approved by the Minister under paragraph 33(1)(a) of the Act) that is, either alone or with 1 or more associates, in a position to exercise control over either or both of:
(i) the operation of the whole, or a substantial part of, the airport concerned; or
(ii) the direction to be taken in the development of the whole, or a substantial part of, the airport;
(b) a term to the effect that any underlease of the sublease must contain a term to the same effect as that required by paragraph (a).
(2) However, if a sublease was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulation (1) applies to the sublease only if its terms are varied after the commencement of this subregulation.
2.10 Prohibition on dealings with subleases by way of trust etc
(1) For sections 34C and 34D of the Act, the sublessee of an airport lease must not:
(a) dispose of the sublease by way of declaration of trust; or
(b) transfer a beneficial interest in the sublease independently of the legal interest in the sublease (other than by way of enforcing a loan security).
(2) Subregulation (1) does not apply to a proposed dealing with a sublease if the Secretary has made a declaration under subregulation 2.11(2) about the dealing.
2.11 Secretary may declare that specified dealing with sublease not prohibited
(1) In this regulation:
deal with a sublease means:
(a) dispose of the sublease by way of declaration of trust; or
(b) transfer a beneficial interest in the sublease independently of the legal interest in the sublease (other than by way of enforcing a loan security).
(2) On application by a person who proposes to deal with a sublease, the Secretary may declare, by instrument, that regulation 2.10 does not prohibit the proposed dealing.
(3) The Secretary must make a decision on the application within 30 days after the application is made.
(4) In considering whether to make a declaration under subregulation (2), the Secretary must take into account:
(a) the duration of the sublease; and
(b) the size of the area subject to the sublease; and
(c) the terms of the proposed dealing.
(5) Before making a declaration under subregulation (2), the Secretary must be satisfied that the dealing, if made, will not frustrate the objects of the Act.
(6) The Secretary must inform the applicant within 7 days after making a decision on the application, and must give the applicant:
(a) if the Secretary made the declaration—a copy of the relevant instrument; or
(b) if the Secretary refused to make the declaration—a statement of the reasons for the refusal.
(7) If the Secretary makes the declaration, sections 34C and 34D of the Act are taken not to prohibit the dealing.
2.12 Prohibited kinds of licences
(1) For subsection 35(1) of the Act, the following kinds of licences are prohibited:
(a) a licence for a purpose inconsistent with the use as an airport of the airport site concerned, as set out in whichever of the following is applicable:
(i) if there is a final master plan for the airport site—the final master plan;
(ii) if the airport is Sydney West Airport, and Part 2 of an airport plan for the airport is in force—Part 2 of the airport plan;
(b) a licence of premises within the airport site for prostitution;
(c) a licence that is an airport‑management agreement within the meaning given by subsection 33(7) of the Act, unless the licensee is a qualified company and has been approved by the Minister under paragraph 33(1)(a) of the Act.
(2) For subsection 35(1) of the Act, a licence of any of the following kinds is prohibited unless the Secretary makes a declaration about the licence under regulation 2.13:
(a) a licence to a licensee that is not:
(i) a constitutional corporation; or
(ii) a bank other than a bank established or operated by a State or Territory; or
(iii) the Commonwealth, or an authority of the Commonwealth;
(b) a licence for residential development;
(c) a licence to a person as trustee of a trust.
(2A) Despite paragraph (2)(a), a licence to an individual is not prohibited if the licence is for:
(a) a single site retail business; or
(b) a car parking bay.
(3) For subsection 35(1) of the Act, a licence to a State or Territory government or authority is prohibited unless the Secretary approves the licence under regulation 2.15.
(4) However, if a licence was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulations (1), (2) and (3) apply to the licence only if its terms are varied after the commencement of this regulation.
(5) If a licence referred to in subregulation (4) is varied after the commencement of this regulation:
(a) subregulation (1), (2) or (3) applies to it from the time of the variation; and
(b) in the case of a licence to which subregulation (2) applies—the licence (as varied) is taken to be prohibited unless the Secretary makes a declaration under regulation 2.13 about the licence (as varied); and
(c) in the case of a licence to which subregulation (3) applies—the licence (as varied) is taken to be prohibited unless the Secretary approves the licence (as varied) under regulation 2.15.
2.13 Secretary may declare that specified licence not prohibited
(1) On application by the licensee under a licence to which subregulation 2.12(2) applies, the Secretary may declare, by instrument, that the subregulation does not prohibit the proposed licence.
(2) The Secretary must make a decision on the application within 30 days after the application is made.
(3) In considering whether to make a declaration under subregulation (1), the Secretary must take into account:
(a) the duration of the licence; and
(b) the size of the area to be subject to the licence; and
(c) the terms of the licence.
(4) Before making a decision, the Secretary must be satisfied that, if the declaration is made, the licence will not have the effect of frustrating the objects of the Act.
(5) The Secretary must inform the applicant of the decision within 7 days after making the decision, and must give the applicant:
(a) if the Secretary made the declaration—a copy of the relevant instrument; or
(b) if the Secretary refused to make the declaration—a statement of the reasons for the refusal.
(6) If the Secretary makes the declaration, section 35 of the Act is taken not to prohibit the licence until the Secretary revokes the declaration under regulation 2.14.
2.14 Revocation of declaration
(1) If it appears that there has been a change in circumstances that justifies revoking a declaration under regulation 2.13, the Secretary may, by notice in writing, require the sublessee to demonstrate, within a specified reasonable time, that there has been no such change.
(2) The Secretary must revoke the declaration if he or she is satisfied that, after the change, the licence has the effect of frustrating the objects of the Act.
(3) In deciding whether a change justifies revocation of the declaration, the Secretary must take into account the circumstances before and after the change, including any change in:
(a) the duration of the licence; and
(b) the size of the area subject to the licence; and
(c) the terms of the licence.
(4) If, after considering any evidence produced by the sublessee, the Secretary is satisfied that the declaration should be revoked, the Secretary must revoke the declaration.
(5) If the Secretary revokes the declaration, the Secretary must give the licensee notice in writing of the revocation, and a statement of the reasons for the revocation.
(6) The revocation becomes effective 1 month after the notice is given to the licensee.
2.15 Approval of licence to State government etc
(1) The Secretary may, by instrument, approve a licence for subregulation 2.12(3).
(2) In considering whether to approve the licence, the Secretary must take into account:
(a) whether the activity for which the licence is granted, or proposed to be granted, is being or will be carried out on a fully commercial basis; and
(b) whether the State or Territory government or authority has given a written undertaking to comply with the laws of the Commonwealth (including any applied State or Territory law); and
(c) whether an obligation or restriction imposed by a law of the State or Territory will be inconsistent with the Act, these Regulations or the proposed licence.
(3) The Secretary may approve a licence to a class of State or Territory government authorities, or to a State or Territory government in relation to a class of functions of the government.
2.17 Mandatory terms in licences
(1) For subsection 35B(1) of the Act, a licence relating to an airport lease is required to contain terms of the following kinds:
(a) a term to the effect that the licence is automatically terminated upon the creation of an interest in the licence in favour of a person who is, either alone or with 1 or more associates, in a position to exercise control over either or both of:
(i) the operation of the whole, or a substantial part of, the airport concerned; or
(ii) the direction to be taken in the development of the whole, or a substantial part of, the airport;
(b) a term to the effect that any further licence of the licence must contain a term to the same effect as that required by paragraph (a).
(2) However, if a licence was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulation (1) applies to the licence only if its terms are varied after the commencement of this subregulation.
2.18 Prohibition on dealings with licences by way of trust etc
(1) For sections 35C and 35D of the Act, the holder of a licence relating to an airport lease must not:
(a) dispose of the licence by way of declaration of trust; or
(b) transfer a beneficial interest in the licence otherwise than by way of enforcing a loan security.
(2) Subregulation (1) does not apply to a proposed dealing with a licence if the Secretary has made a declaration under subregulation 2.19(2) about the dealing.
2.19 Secretary may declare that specified dealing with licence not prohibited
(1) In this regulation:
deal with a licence means:
(a) dispose of the licence by way of declaration of trust; or
(b) transfer a beneficial interest in the licence otherwise than by way of enforcing a loan security.
(2) On application by a person who proposes to deal with a licence, the Secretary may declare, by instrument, that regulation 2.18 does not prohibit the proposed dealing.
(3) The Secretary must make a decision on the application within 30 days after the application is made.
(4) In considering whether to make a declaration under subregulation (2), the Secretary must take into account:
(a) the duration of the licence; and
(b) the size of the area subject to the licence; and
(c) the terms of the proposed dealing.
(5) Before making a declaration under subregulation (2), the Secretary must be satisfied that the dealing, if made, will not frustrate the objects of the Act.
(6) The Secretary must inform the applicant within 7 days after making a decision on the application, and must give the applicant:
(a) if the Secretary made the declaration—a copy of the relevant instrument; or
(b) if the Secretary refused to make the declaration—a statement of the reasons for the refusal.
(7) If the Secretary makes the declaration, sections 35C and 35D of the Act are taken not to prohibit the dealing.
2.20 AAT review of decisions
Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the Secretary or a delegate of the Secretary:
(a) not to make a declaration under subregulation 2.05(1); or
(b) under subregulation 2.06(4), to revoke a declaration made under subregulation 2.05(1); or
(c) under paragraph 2.07(1), not to approve a sublease to a State or Territory government, or an authority of a State or Territory government; or
(d) under subregulation 2.11(2), not to make a declaration about a proposed dealing with a sublease; or
(e) not to make a declaration under subregulation 2.13(1); or
(f) under subregulation 2.14(4), to revoke a declaration made under subregulation 2.13(1); or
(g) under paragraph 2.15(1), not to approve a licence to a State or Territory government, or an authority of a State or Territory government; or
(h) under subregulation 2.19(2), not to make a declaration about a proposed dealing with a licence.
2.21 Delegation
The Secretary may, by instrument, delegate to an SES employee performing duties in the Department any of the Secretary’s powers under this Part, other than this power of delegation.
Part 3—Ownership of airports
Division 3.1—If unacceptable foreign‑ownership situation exists
3.01 Minister to give notice before applying to Court
(1) If the Minister forms the opinion that an unacceptable foreign‑ownership situation may exist in relation to an airport‑operator company, the Minister must give the company notice in writing before making an application to the Federal Court under subsection 43(1) of the Act in relation to the company.
(2) The notice may:
(a) state that the Minister has formed the opinion that an unacceptable foreign‑ownership situation may exist in relation to the company; and
(b) require the company to provide the Minister with evidence that establishes, to the Minister’s reasonable satisfaction, that an unacceptable foreign‑ownership situation does not exist in relation to the company; and
(c) state that, unless the company provides the Minister, within 180 days after the date of the notice, with evidence that an unacceptable foreign‑ownership situation does not exist, the Minister may apply to the Federal Court for an order under subsection 43(1) of the Act; and
(d) state that, if the Minister makes that application, the Minister will seek an order from the Court directing the company to pay the costs of the application.
3.02 Airport‑operator company’s obligations not affected
(1) Nothing in regulation 3.01 affects an airport‑operator company’s obligation under subsection 42(1) of the Act.
Note: That is, its obligation to take all reasonable steps to ensure that an unacceptable foreign‑ownership situation does not exist in relation to the company. Unacceptable foreign‑ownership situation is defined in section 40 of the Act.
(2) Nothing in that regulation prevents the prosecution of an airport‑operator company for a breach of that obligation, whether or not the Minister has given notice to the company under regulation 3.01, and (if such notice has been given to the company) whether or not the time allowed in the notice has expired.
Division 3.2—Record‑keeping and reporting
3.20 Meaning of certain terms
(1) In this Division:
details of a person means:
(a) if the person is an individual:
(i) the individual’s name; and
(ii) the address of his or her usual residence; and
(iii) his or her citizenship, or (if he or she claims more than 1 citizenship), each citizenship that he or she claims; and
(b) if the person is a corporation:
(i) the corporation’s name; and
(ii) the place in which it is incorporated; and
(iii) the address of its registered office or principal office; and
(c) if the person is a foreign government body:
(i) its name, or the name of the foreign government of which it is an entity; and
(ii) the address of its principal office.
(2) A reference to a pair of companies is a reference to a pair of companies set out in the table following section 49 of the Act.
(3) A term that is used in both this Division and Part 3 of the Act has the same meaning in this Division as in that Part.
Note: Certain terms used in this Division and Part 3 of the Act are defined in the Schedule to the Act.
3.21 Relationship with Corporations Act 2001
To avoid doubt, it is declared that the requirements of this Division are in addition to, and not in substitution for, the requirements of the Corporations Act 2001.
3.22 Airport‑operator company to keep register
(1) For section 60 of the Act, an airport‑operator company must keep a register of:
(a) any stake in the company that is held by a foreign person; and
(b) any stake in the company that is held by an airline; and
(c) if the company is a member of a pair of companies:
(i) any stake in the company that is held by the other member of the pair; and
(ii) any stake in the company that is held by a person that holds a stake in the other member of the pair; and
(iii) any stake that the company holds in the other member of the pair.
(2) The register must record, for each stake:
(a) in the case of a stake that is composed of a direct control interest held by only 1 person:
(i) the amount of the interest; and
(ii) what type of interest it is; and
(iii) details of the person that holds the interest; and
(b) in the case of a stake that is composed of direct control interests held by 2 or more persons—the information specified in subparagraphs (a)(i), (ii) and (iii) about each of those interests.
Note 1: A person’s stake of a particular type in an airport‑operator company includes both the person’s direct control interest in the company and any direct control interests held by the person’s associates—see clauses 5, 11 and 12 of the Schedule to the Act.
Note 2: For the meaning of details of a person, see regulation 3.20.
(3) The register must be indexed in a way that allows the aggregate of stakes of a particular type, or held by a particular class of person, to be readily worked out.
Note: An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence. Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act. For strict liability, see section 6.1 of the Criminal Code.
3.23 Airport‑operator company to make return
(1) In this regulation:
reporting period means:
(a) in the case of an airport‑operator company that is an airport‑lessee company for an airport:
(i) the period of 12 months commencing on the day on which the company became the airport‑lessee company for the airport; and
(ii) each subsequent period of 12 months; and
(b) in the case of an airport‑operator company that is an airport‑management company for an airport:
(i) the period of 12 months commencing on the day on which the company became the airport‑management company for the airport; and
(ii) each subsequent period of 12 months.
(2) For section 60 of the Act and for each reporting period, an airport‑operator company must give the Minister information relevant to an ownership matter that concerns the company in the form of:
(a) a declaration stating whether, in the opinion of the directors:
(i) an unacceptable foreign‑ownership situation existed in relation to the company at any time during the reporting period; and
(ii) an unacceptable airline‑ownership situation existed in relation to the company at any time during the reporting period; and
(iii) if the company is a member of a pair of companies—an unacceptable cross‑ownership situation existed in relation to the pair at any time during the reporting period; and
(b) a written return giving the information specified in subregulation (3).
Note: An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence. Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act. For strict liability, see section 6.1 of the Criminal Code.
(2AA) The airport‑operator company must comply with subregulation (2) in relation to a reporting period:
(a) within 30 business days after the end of the reporting period; or
(b) within any further period allowed by the Minister under subregulation (2C).
(2A) An airport‑operator company may, in writing, ask the Minister for more than 30 business days to give the Minister the declaration or written return required under subregulation (2).
(2B) The request must specify the number of additional days required.
(2C) The Minister may, in writing, on his or her own initiative or on a written request by an airport‑operator company, allow the airport‑operator company more than 30 business days to give a declaration or written return as required under subregulation (2).
(3) The information is:
(a) if a foreign person holds a stake, of a particular type, of more than 5% in the company—the amount of the stake, what type of stake it is, and details of the person that holds it; and
(b) the aggregate of all stakes of a particular kind held by foreign persons; and
(c) if a stake in the company is held by an airline—details of the airline and the amount and type of the stake; and
(d) if a person holds a stake, of a particular type, of more than 10% in the company—details of the person, and the amount and type of the stake; and
(e) if the company is a member of a pair of companies:
(i) the amount and type of any stake in the company held by the other member of the pair; and
(ii) the amount and type of any stake in the company held by a person who also holds a stake in the other member of the pair; and
(ii) the amount and type of any stake held by the company in the other member of the pair; and
(f) the location of the place where the central management and control of the company is ordinarily exercised; and
(g) details of any person who is in a position to exercise control over the company, or in accordance with whose directions the directors of the company are accustomed to act; and
(h) details of each of the directors of the company.
Note 1: A person’s stake of a particular type in an airport‑operator company includes both the person’s direct control interest in the company and any direct control interests held by the person’s associates—see clauses 5, 11 and 12 of the Schedule to the Act.
Note 2: For the meaning of details of a person, see regulation 3.20.
(4) The declaration and the return must be signed by a director of the company, and verified by statutory declaration by a director of the company.
(5) The declaration and the return must be approved by the directors of the company by resolution.
(6) When the company gives the declaration and the return to the Minister, the company must also give the Minister a copy of the resolution.
3.24 Minister may request information
(1) For section 60 of the Act, the Minister may, by written notice given to an airport‑operator company, require the company to give the Minister, within any period and in the manner specified in the notice, specified information about:
(a) an ownership matter relating to the company; or
(b) the location of the place where the central management and control of the company is ordinarily exercised; or
(c) details of a director of the company.
(2) If a period is specified in a notice as the period within which the information must be given to the Minister, the period must be at least 14 days.
(3) If no period within which the information must be given to the Minister is specified in the notice, the information must be given to the Minister within 14 days of the date of the notice.
(4) An airport‑operator company must comply with a notice under subregulation (1).
Note: An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence. Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act. For strict liability, see section 6.1 of the Criminal Code.
3.25 Minister may request copy of the register
(1) For section 60 of the Act, the Minister may, by written notice given to an airport‑operator company, require the company to produce to the Minister, within any period and in the manner specified in the notice, a copy of the register kept by the company under regulation 3.22.
(2) If a period is specified in a notice as the period within which the copy must be produced to the Minister, the period must be at least 14 days.
(3) If no period within which the information must be given to the Minister is specified in the notice, the copy must be produced to the Minister within 14 days of the date of the notice.
(4) An airport‑operator company must comply with a notice under subregulation (1).
Note: An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence. Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act. For strict liability, see section 6.1 of the Criminal Code.
3.26 Company must inform Minister in certain circumstances
(1) For section 60 of the Act, an airport‑operator company must give the Minister notice in writing if it has reason to believe that:
(a) an unacceptable foreign‑ownership situation, an unacceptable airline‑ownership situation or an unacceptable cross‑ownership situation exists in relation to the company; or
(b) the central management and control of the company is no longer being exercised at a place in Australia; or
(c) a majority of the company’s directors are no longer Australian citizens or persons ordinarily resident in Australia.
(2) The notice must set out what steps the company has taken, or will take, to establish whether a state of affairs mentioned in paragraph (1)(a), (b) or (c) exists, and what steps it will take to remedy such a state, if it exists.
Note: An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence. Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act. For strict liability, see section 6.1 of the Criminal Code.
3.26A Person must give information relevant to ownership matter to airport‑operator company
(1) For paragraph 60(1)(c) of the Act, a person must give information to an airport‑operator company if:
(a) the information is relevant to an ownership matter that concerns the company; and
(b) the airport‑operator company has requested the person to provide the information; and
(c) the request specifies the kind of information the person is to provide.
(2) The request must specify a period of at least 14 days within which the information must be given to the airport‑operator company.
(3) The person must provide the information in a statutory declaration.
Note: Ownership matter is defined in subsection 60(6) of the Act.
3.27 Delegation
The Minister may, by instrument, delegate any of his or her powers (other than this power of delegation) under this Division to:
(a) the Secretary; or
(b) an SES employee performing duties in the Department.
Part 5—Land use, planning and building controls
5.01 Interpretation
In this Part:
site of indigenous significance means a site that has value:
(a) of customary significance to Aboriginal or Torres Strait Islander people; or
(b) of significance to the anthropological or archaeological understanding of Australian aboriginal history and society.
Transitional Act means the Airports (Transitional) Act 1996.
5.01A Airports to which Part 5 of the Act applies
For paragraph 68(1)(b) of the Act, the following airports are specified:
(a) Archerfield Airport;
(aa) Bankstown Airport;
(ab) Camden Airport;
(b) Essendon Fields Airport;
(c) Jandakot Airport;
(d) Moorabbin Airport;
(e) Parafield Airport.
5.02 Contents of draft or final master plan—general
(1) For paragraphs 71(2)(j) and (3)(j) of the Act, the following matters are specified:
(a) any change to the OLS or PANS‑OPS surfaces for the airport concerned that is likely to result if development proceeds in accordance with the master plan;
(b) for an area of an airport where a change of use of a kind described in subregulation 6.07(2) of the Airports (Environment Protection) Regulations 1997 is proposed:
(i) the contents of the report of any examination of the area carried out under regulation 6.09 of those Regulations; and
(ii) the airport‑lessee company’s plans for dealing with any soil pollution referred to in the report.
(2) For section 71 of the Act, an airport master plan must, in relation to the landside part of the airport, where possible, describe proposals for land use and related planning, zoning or development in an amount of detail equivalent to that required by, and using terminology (including definitions) consistent with that applying in, land use planning, zoning and development legislation in force in the State or Territory in which the airport is located.
(3) For subsection 71(5) of the Act, a draft or final master plan must:
(a) address any obligation that has passed to the relevant airport‑lessee company under subsection 22(2) of the Act or subsection 26(2) of the Transitional Act; and
(b) address any interest to which the relevant airport lease is subject under subsection 22(3) of the Act, or subsection 26(3) of the Transitional Act.
(4) In subregulation (1):
OLS and PANS‑OPS surface have the same meanings as in the Airports (Protection of Airspace) Regulations.
5.02A Contents of draft or final master plan—matters to be specified in environment strategy
(1) For subparagraphs 71(2)(h)(ix) and (3)(h)(ix) of the Act, the matters in this regulation must be specified in an environment strategy.
(2) The environment strategy must specify any areas within the airport site to which the strategy applies that the airport‑lessee company for the airport has identified as being a site of indigenous significance, following consultation with:
(a) any relevant indigenous communities and organisations; and
(b) any relevant Commonwealth or State body.
(3) The environment strategy must specify the airport‑lessee company’s strategy for environmental management of areas of the airport site that are, or could be, used for a purpose that is not connected with airport operations.
(4) The environment strategy must specify:
(a) the training necessary for appropriate environment management by persons, or classes of persons, employed on the airport site by the airport‑lessee company or by other major employers; and
(b) the training programs, of which the airport‑lessee company is aware, that it considers would meet the training needs of a person mentioned in paragraph (a).
5.02B Contents of draft or final master plan—things to be addressed in environment strategy
(1) For subsection 71(5) of the Act, a draft or final master plan must address the things in this regulation.
(2) In specifying its objectives for the airport under subparagraph 71(2)(h)(i) or (3)(h)(i) of the Act, an airport‑lessee company must address its policies and targets for:
(a) continuous improvement in the environmental consequences of activities at the airport; and
(b) progressive reduction in extant pollution at the airport; and
(c) development and adoption of a comprehensive environmental management system for the airport that maintains consistency with relevant Australian and international standards; and
(d) identification, and conservation, by the airport‑lessee company and other operators of undertakings at the airport, of objects and matters at the airport that have natural, indigenous or heritage value; and
(e) involvement of the local community and airport users in development of any future strategy; and
(f) dissemination of the strategy to sub‑lessees, licensees, other airport users and the local community.
(3) In specifying under subparagraph 71(2)(h)(ii) or (3)(h)(ii) of the Act, the areas within the airport site it identifies as environmentally significant, an airport‑lessee company must address:
(a) any relevant recommendation of the Australian Heritage Council; and
(b) any relevant recommendation of the Department of Environment regarding biota, habitat, heritage or similar matters; and
(c) any relevant recommendation of a body established in the State in which the airport is located, having responsibilities in relation to conservation of biota, habitat, heritage or similar matters.
(4) In specifying the sources of environmental impact under subparagraph 71(2)(h)(iii) or (3)(h)(iii) of the Act, an airport‑lessee company must address:
(a) the quality of air at the airport site, and in so much of the regional airshed as is reasonably likely to be affected by airport activities; and
(b) water quality, including potentially affected groundwater, estuarine waters and marine waters; and
(c) soil quality, including that of land known to be already contaminated; and
(d) release, into the air, of substances that deplete stratospheric ozone; and
(e) generation and handling of hazardous waste and any other kind of waste; and
(f) usage of natural resources (whether renewable or non‑renewable); and
(g) usage of energy the production of which generates emissions of gases known as ‘greenhouse gases’; and
(h) generation of noise.
(5) In specifying under subparagraph 71(2)(h)(iv) or (3)(h)(iv) of the Act the studies, reviews and monitoring that it plans to carry out, an airport‑lessee company must address:
(a) the matters mentioned in subregulation 5.02A(2) and subregulations 5.02B(3) and (4); and
(b) the scope, identified by the airport‑lessee company, for conservation of objects and matters at the airport that have natural, indigenous or heritage value; and
(c) the approaches and measures identified by the airport‑lessee company as its preferred conservation approaches and measures; and
(d) the professional qualifications that must be held by a person carrying out the monitoring; and
(e) the proposed systems of testing, measuring and sampling to be carried out for possible, or suspected, pollution or excessive noise; and
(f) the proposed frequency of routine reporting of monitoring results to the airport environment officer (if any) for the airport, or to the Secretary.
(6) In specifying under subparagraph 71(2)(h)(vi) or(3)(h)(vi) of the Act, the measures that it plans to carry out for the purposes of preventing, controlling or reducing environmental impact, an airport‑lessee company must address:
(a) the matters mentioned in subregulations (2) to (4); and
(b) the means by which it proposes to achieve the cooperation of other operators of undertakings at the airport in carrying out those plans.
(7) An airport‑lessee company, in specifying the company’s strategy for environmental management under subregulation 5.02A(3), must address the matters in subregulations (2) to (6).
(8) In this regulation:
Department of Environment means the Department administered by the Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999.
5.03 Developments exempt from Division 4 of Part 5 of the Act
(1) For paragraphs 90(1)(d) and (4)(d) of the Act, a major airport development that is the subject of written permission or approval (however described) of the Federal Airports Corporation when it was the operator of the airport concerned, is exempt from Division 4 of Part 5 of the Act.
(2) If a development referred to in subregulation (1) was approved subject to a condition, and the condition is not inconsistent with the Act or these Regulations, that condition is taken to continue to apply to the development.
5.04 Contents of major development plan
For subsection 91(3) of the Act, a major development plan must address the obligations of the airport‑lessee company as sublessor under any sublease of the airport site concerned, and the rights of the sublessee under any such sublease, including:
(a) any obligation that has passed to the relevant airport‑lessee company under subsection 22(2) of the Act or subsection 26(2) of the Transitional Act; or
(b) any interest to which the relevant airport lease is subject under subsection 22(3) of the Act, or subsection 26(3) of the Transitional Act.
5.05 Meaning of development—prescribed activities
For paragraph 96M(c) of the Act, the following activities are prescribed:
(a) the disinterment of remains;
(b) activities related to such disinterment.
Part 7—Accounts and reports of airport‑operator companies
7.01 Application of Part
(1) The requirements of this Part apply to an airport‑operator company:
(a) whether or not the company is a disclosing entity for the purposes of the Corporations Act 2001; and
(b) whether or not the company is exempt under that Act (whether the exemption is by regulation or because of an exemption by the Australian Securities and Investments Commission) from compliance with Chapter 2M of that Act.
Note: For disclosing entity, see section 111AC of the Corporations Act 2001.
(2) To avoid doubt, nothing in this Part:
(a) requires an airport‑operator company to prepare, for the purposes of these Regulations, reports in respect of a half‑year (within the meaning given by subsection 323D(5) of the Corporations Act 2001) unless the half‑year is the whole period during which the company was an airport‑operator company; or
(b) affects a company’s obligations under any other law.
7.02 Interpretation
In this Part:
aeronautical services and facilities has the meaning given by regulation 7.02A.
directors’ report means a directors’ report that meets the requirements of Part 2M.3 of the Corporations Act 2001.
financial records has the meaning given by section 9 of the Corporations Act 2001.
financial report has the meaning given by section 9 of the Corporations Act 2001.
financial statements has the meaning given by section 9 of the Corporations Act 2001.
non‑aeronautical services and facilities means services and facilities provided at an airport that are not aeronautical services and facilities.
specified airport means an airport specified by regulation 7.02B.
7.02A Meaning of aeronautical services and facilities
(1) For this Part, aeronautical services and facilities means those services and facilities at an airport that are necessary for the operation and maintenance of civil aviation at the airport, and includes each service or facility that is :
(a) mentioned in an item in Table 1 (aircraft‑related); or
(b) mentioned in an item in Table 2 (passenger‑related).
Table 1—Aircraft‑related services and facilities
Item | Services and facilities |
1 | Runways, taxiways, aprons, airside roads and airside grounds |
2 | Airfield and airside lighting |
3 | Aircraft parking sites |
4 | Ground handling (including equipment storage and refuelling) |
5 | Aircraft refuelling (including a system of fixed storage tanks, pipelines and hydrant distribution equipment known as a Joint User Hydrant Installation or JUHI) |
6 | Airside freight handling and staging areas essential for aircraft loading and unloading |
7 | Navigation on an airfield (including nose‑in guidance systems and other visual navigation aids) |
8 | Airside safety and security services and facilities (including rescue and fire‑fighting services and perimeter fencing) |
9 | Environmental hazard control |
10 | Services and facilities to ensure compliance with environmental laws |
11 | Sites and buildings used for light or emergency aircraft maintenance |
Table 2—Passenger‑related services and facilities
Item | Services and facilities |
1 | Public areas in terminals, public amenities, lifts, escalators and moving walkways |
2 | Necessary departure and holding lounges, and related facilities |
3 | Aerobridges and buses used in airside areas |
4 | Flight information and public‑address systems |
5 | Facilities to enable the processing of passengers through customs, immigration and quarantine |
6 | Check‑in counters and related facilities (including any associated queuing areas) |
7 | Terminal access roads and facilities in landside areas (including lighting and covered walkways) |
8 | Security systems and services (including closed circuit surveillance systems) |
9 | Baggage make‑up, handling and reclaiming facilities |
10 | Space and facilities, whether in landside or airside areas, that are necessary for the efficient handling of arriving and departing aircraft (eg airline crew‑rooms and airline operations centres) |
(2) In this regulation, airside area and landside area have the respective meanings given in section 9 of the Aviation Transport Security Act 2004.
(3) To avoid doubt, aeronautical services and facilities does not include services or facilities:
(a) relating to the provision of a high‑quality service to certain passengers; or
(b) that are not necessary for the efficient operation of civil aviation.
7.02B Specified airports (Act s 140)
For paragraph 140(1)(a) of the Act, the following airports are specified:
(b) Brisbane Airport;
(c) Melbourne (Tullamarine) Airport;
(d) Perth Airport;
(e) Sydney (Kingsford‑Smith) Airport;
(f) Sydney West Airport.
7.03 Preparation of accounts and reports
(1) This regulation is made for subsection 141(2) and section 145 of the Act.
(2) An airport‑operator company for a specified airport must, for its operations at the airport, prepare the following:
(a) a financial report;
(b) a directors’ report.
(3) The reports required under subregulation (2) are in addition to any report prepared under the Corporations Act 2001, and must not be consolidated with those of any other company.
(4) An airport‑operator company that is an airport‑lessee company for a specified airport must also, for the airport, prepare:
(a) a consolidated financial report in accordance with the accounting standards made for the purposes of the Corporations Act 2001; and
(b) a directors’ report;
for itself and all airport‑management companies for the airport, as if those airport‑management companies were subsidiaries of the airport‑lessee company.
(5) The financial report required under paragraphs (2)(a) and (4)(a) must separately show the costs (including the costs associated with the maintenance and repair) and revenue in relation to the provision and use of:
(a) aeronautical services and facilities; and
(b) non‑aeronautical services and facilities.
(6) For subregulation (5), the costs and revenue for the provision and use of aeronautical services and facilities for an airport‑operator company that is an airport‑lessee company must include those recovered directly or indirectly from airlines (such as fuel throughput levies recovered through third party suppliers).
(7) The consolidated financial report of an airport‑operator company that is an airport‑lessee company is not required to include details about a passenger‑related service or facility if the premises are leased, and the lease was in force when the airport lease was granted to the airport‑lessee company.
7.05 Auditor’s certificate
(1) For subsection 142(5) of the Act, 90 days is prescribed.
Note: This is the period (after the end of an accounting period) within which the auditor of an airport‑operator company must give the company a certificate relating to the company’s accounts.
(2) For subsection 142(5) of the Act, an auditor’s certificate must set out:
(a) whether, in the auditor’s opinion:
(i) the company concerned has kept financial records sufficient to enable financial statements to be prepared and audited; and
(ii) the auditor has been given all information, explanation and assistance necessary to carry out the audit; and
(b) whether, in the auditor’s opinion, the reports prepared for regulation 7.03 of the company concerned:
(i) comply with the Act and these Regulations and the relevant accounting standards; and
(ii) give a true and fair view of the company’s operations; and
(c) if the auditor considers that the reports prepared for regulation 7.03 do not comply with the Act or these Regulations, or relevant accounting standards, or do not give a true and fair view—why they do not do so; and
(d) details of any matter that, in the opinion of the auditor, should be reported to the ACCC.
(3) An auditor’s certificate for section 142(5) of the Act is taken to comply with paragraphs (2)(a), (b) and (c) if it is in the form required by the Corporations Act 2001 for an auditor’s report under Part 2M.3 of that Act.
7.06 Lodgement of accounts with the ACCC
For subsection 143(2) of the Act, 90 days is prescribed.
Note: This is the period (after the end of an accounting period) within which the accounts of an airport‑operator company must be lodged with the ACCC.
7.07 Report on airports
(1) For subsection 145(1) of the Act, an airport‑operator company must report to the ACCC, for each financial year, the total average staff equivalent of the persons employed at the airport concerned with the provision of:
(a) aeronautical services and facilities; and
(b) non‑aeronautical services and facilities.
(2) In subregulation (1):
average staff equivalent of a person employed at an airport means the number of hours in a day worked by the person at the airport, divided by the number of hours that the person would work at the airport in that day if working full‑time.
7.08 Record‑keeping
For subsection 146(1) of the Act, a company must keep records of the kind mentioned in that subsection, and must retain the records for 5 years after the end of the period to which the records relate.
Part 8—Quality of service monitoring
8.01 Airports to which Part 8 of the Act applies
For paragraph 151(1)(a) of the Act, the following airports are specified:
(b) Brisbane Airport;
(c) Melbourne (Tullamarine) Airport;
(d) Perth Airport;
(e) Sydney (Kingsford‑Smith) Airport;
(f) Sydney West Airport.
8.01A Aspects of airport services and facilities to be monitored and evaluated
For subsection 155(1) of the Act, the aspects of airport services and facilities mentioned in the following table are specified.
Part 1—Passenger‑related services and facilities
Item | Services and facilities |
| Access |
1.1 | Airport access facilities (taxi facilities, kerbside space for pick‑up and drop‑off) |
1.2 | Car parking service facilities |
1.3 | Baggage trolleys |
| Departure |
1.4 | Check‑in services and facilities |
1.5 | Security inspection |
1.6 | Outbound baggage system |
| Arrival |
1.7 | Baggage make‑up, handling and reclaiming services and facilities |
| Departure and arrival |
1.8 | Facilities to enable the processing of passengers through customs, immigration and quarantine |
| Information and signage |
1.9 | Flight information, general signage and public‑address systems |
| Terminal facilities |
1.10 | Public areas in terminals and public amenities (washrooms and garbage bins), lifts, escalators and moving walkways |
1.11 | Gate lounges and seating other than in gate lounges |
Part 2—Aircraft‑related services and facilities
Item | Services and facilities |
2.1 | Ground handling services and facilities |
2.2 | Aerobridge usage |
2.3 | Runways, taxiways and aprons |
2.4 | Aircraft parking facilities and bays |
2.5 | Airside freight handling, storage areas and cargo facilities |
8.02 Records that must be kept regarding quality of service matters
(1) For subsection 156(1) of the Act, the airport‑operator company for an airport must keep written records for the airport about each matter mentioned in Schedule 2 for each financial year starting on or after 1 July 2008.
(2) An airport‑operator company must retain such a record for 5 years after the end of the financial year to which the record relates.
Note 1: For penalty, see s 156(5) of the Act.
Note 2: Under transitional provisions, this subregulation continues to apply to records relating to a financial year that started before 1 July 2008 (see regulation 4 of the Airports Amendment Regulations 2009 (No. 2)).
Note 3: A record may, in certain circumstances, be kept electronically (see section 12 of the Electronic Transactions Act 1999).
(3) However, the airport‑operator company for an airport need not comply with subregulations (1) and (2) about a matter, if a service or facility to which the matter relates is provided for the airport under an agreement with the airport‑operator company by a person other than the airport‑operator company.
(4) Instead, the person providing the service or facility must comply with subregulations (1) and (2) about the matter as if any reference in the subregulations to the airport‑operator company were a reference to the person.
Note: An airport‑operator company that fails to comply with this regulation commits an offence against subsection 156(5) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence.
8.03 Giving information to ACCC
(1) A person who is obliged to keep a record for an airport under regulation 8.02 must give a copy of the record in writing for a financial year to the ACCC within 90 days after the end of the financial year.
Note: A record may, in certain circumstances, be given electronically (see section 9 of the Electronic Transactions Act 1999).
(2) If an airport‑operator company carries out a survey about a quality of service matter, the company must give the ACCC a document in writing setting out the results within 90 days after the end of the financial year in which the survey is carried out.
Note: A document may, in certain circumstances, be given electronically (see section 9 of the Electronic Transactions Act 1999).
(3) Information given to the ACCC under this regulation must be verified by statutory declaration by:
(a) if the person obliged to give the information is an individual—the person, or a manager or executive officer employed by the person; or
(b) if the person is a corporation—a director of the corporation.
Note: An airport‑operator company that fails to comply with this regulation commits an offence against subsection 156(5) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence.
Part 12—Protection of airspace around airports
12.01 Airports to which Part 12 of the Act applies
For paragraph 180(1)(b) of the Act, the following airports are specified:
(a) Archerfield Airport;
(aa) Bankstown Airport;
(ab) Camden Airport;
(b) Essendon Fields Airport;
(c) Jandakot Airport;
(d) Moorabbin Airport;
(e) Mount Isa Airport;
(f) Parafield Airport;
(g) Tennant Creek Airport.
12.02 Boundaries of airport site for Sydney West Airport
For the purposes of subsection 180(2) of the Act, the land described in subclause 19A(3) of Schedule 1 becomes part of the airport site for Sydney West Airport when it becomes a Commonwealth place, so long as the land satisfies paragraph (c) of the definition of airport site in subsection 5(1) of the Act.
Part 13—Miscellaneous
13.01 Declaration of airport sites
(1) For the purposes of subsection 251B(1) of the Act, subregulation 1.03(1) is prescribed.
(2) For the purposes of subsection 251B(4) of the Act, each of the Parts of Schedule 1 to these Regulations is prescribed.
