Statutory Rules 1998 No. 1181
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Airports (Control of On-Airport Activities) Regulations2 (Amendment)
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.
Dated 2 June 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
Mark Vaile
Minister for Transport and Regional Development
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1. Commencement
1.1 These Regulations commence on gazettal.
2. Amendment
2.1 The Airports (Control of On-Airport Activities) Regulations are amended as set out in these Regulations.
3. Division 4.2 (Vehicle parking at Brisbane, Melbourne and Perth Airports)
3.1 Omit the heading, substitute:
“Division 4.2—Landside vehicle parking”.
4. Regulation 4.03 (Definitions for Division)
4.1 Subregulation 4.03 (1) (definition of Phase 1 regulated airport):
Omit the definition.
4.2 Subregulation 4.03 (1):
Insert the following definition:
“regulated major airport means Melbourne Airport, Brisbane Airport or Perth Airport.”.
4.3 Subregulation 4.03 (2):
Omit “parked or stopped in contravention of the posted conditions of parking or stopping”, substitute “parked in contravention of the posted conditions of parking, or stopped in contravention of the posted conditions of stopping,”.
5. Regulation 4.04 (No-parking areas)
5.1 Omit the regulation, substitute:
No-parking areas
“4.04. (1) The airport-operator company for a regulated major airport may decide that an area on the landside of the airport is to be a no‑parking area.
“(2) The airport-operator company for a regulated major airport may decide that an area on the landside of the airport is to be a limited no‑parking area.
“(3) The airport-operator company must ensure that the area is prominently and clearly marked as a no-parking area or limited no‑parking area (by a sign, by lines, or in some other way).
“(4) The sign or marking of the area must clearly indicate:
(a) whether a vehicle may be parked in the area; or
(b) if the area is a limited no-parking area—at what times, under what conditions, or for what purposes, a vehicle may be parked in the area.”.
6. Regulation 4.05 (No-standing areas)
6.1 Omit the regulation, substitute:
No-standing areas
“4.05. (1) The airport-operator company for a regulated major airport may decide that an area on the landside of the airport is to be a no‑standing area.
“(2) The airport-operator company for a regulated major airport may decide that an area on the landside of the airport is to be a limited no‑standing area.
“(3) The airport-operator company must ensure that the area is prominently and clearly marked as a no-standing area or limited no-standing area (by a sign, by lines, or in some other way).
“(4) The sign or marking of the area must clearly indicate:
(a) whether a vehicle may be stopped in the area; or
(b) if the area is a limited no-standing area—at what times, under what conditions, or for what purposes, a vehicle may be stopped in the area.”.
7. Regulation 4.09 (Authorised person may move vehicle)
7.1 Subregulation 4.09 (1):
Omit “on the landside of a Phase 1 regulated airport” (twice occurring).
7.2 Subregulation 4.09 (2):
Omit “on the landside of a Phase 1 regulated airport” (twice occurring).
8. New Division 4.3
8.1 After Division 4.2, insert:
“Division 4.3—Airside vehicle parking
Definitions for Division
“4.30. (1) In this Division:
authorised person means an authorised person for this Division.
designated limited no-parking area means a limited no-parking area that is identified by a sign, or in some other appropriate way, as a limited no-parking area.
designated limited no-standing area means a limited no‑standing area that is identified by a sign, or in some other appropriate way, as a limited no-standing area.
designated no-parking area means a no-parking area that is identified by a sign, or in some other appropriate way, as a no‑parking area.
designated no-standing area means a no-standing area that is identified by a sign, or in some other appropriate way, as a no‑standing area.
limited no-parking area means an area that is a no-parking area:
(a) only during a period or periods, or only on some days; or
(b) except for a particular purpose, or unless a particular condition applies.
limited no-standing area means an area that is a no-standing area:
(a) only during a period or periods, or only on some days; or
(b) except for a particular purpose, or unless a particular condition applies.
regulated airport means an airport to which Part 11 of the Act applies (except Adelaide, Canberra, Coolangatta, Launceston or Parafield Airport).
(a) at a time when, according to a sign or notice in the area, parking or stopping is not permitted in the area; or
(b) in a way that, according to a sign or notice in the area, contravenes a condition of parking or stopping in the area; or
(c) for a purpose for which, according to a sign or notice in the area, parking or stopping in the area is not permitted.
No-parking areas
“4.31. (1) The airport-operator company for a regulated airport may decide that an area on the airside of the airport is to be a no‑parking area.
“(2) The airport-operator company for a regulated airport may decide that an area on the airside of the airport is to be a limited no‑parking area.
“(3) The airport-operator company must ensure that the area is prominently and clearly marked as a no-parking area or limited no‑parking area (by a sign, by lines, or in some other way).
“(4) The sign or marking of the area must clearly indicate:
(a) whether a vehicle may be parked in the area; or
(b) if the area is a limited no-parking area—at what times, under what conditions, or for what purposes, a vehicle may be parked in the area.
“4.32. (1) The airport-operator company for a regulated airport may decide that an area on the airside of the airport is to be a no‑standing area.
“(2) The airport-operator company for a regulated airport may decide that an area on the airside of the airport is to be a limited no‑standing area.
“(3) The airport-operator company must ensure that the area is prominently and clearly marked as a no-standing area or limited no-standing area (by a sign, by lines, or in some other way).
“(4) The sign or marking of the area must clearly indicate:
(a) whether a vehicle may be stopped in the area; or
(b) if the area is a limited no-standing area—at what times, under what conditions, or for what purposes, a vehicle may be stopped in the area.
Offence—parking in a designated no-parking area
“4.33. (1) A person must not park a vehicle in a designated no-parking area unless:
(a) the person is the driver of an emergency vehicle and is attending an emergency; or
(b) the person is directed to park the vehicle in the area by an authorised person.
Penalty: 3 penalty units.
“(2) A person must not park a vehicle in a designated limited no-parking area:
(a) unless the person is the driver of an emergency vehicle and is attending an emergency; or
(b) unless the person is directed to park the vehicle in the area by an authorised person; or
(c) in contravention of the posted conditions of parking in the area.
Penalty: 3 penalty units.
Note For the meaning of in contravention of the posted conditions of parking in an area, see subregulation 4.30 (2).
“(3) A person who is directed to park a vehicle in a designated no-parking area or designated limited no-parking area by an authorised person must do so in accordance with the direction.
Penalty: 3 penalty units.
“(4) Contravention of subregulation (1), (2) or (3) is an infringement notice offence.
Note For infringement notice offences, see Part 7.
Offence—stopping in a designated no-standing area
“4.34. (1) A person must not stop a vehicle in a designated no-standing area unless:
(a) the person is the driver of an emergency vehicle and is attending an emergency; or
(b) the person is directed to stop the vehicle in the area by an authorised person.
Penalty: 3 penalty units.
“(2) A person must not stop a vehicle in a designated limited no-standing area unless:
(a) the person is the driver of an emergency vehicle and is attending an emergency; or
(b) unless the person is directed to stop the vehicle in the area by an authorised person; or
(c) in contravention of the posted conditions of stopping in the area.
Penalty: 3 penalty units.
Note For the meaning of in contravention of the posted conditions of stopping in an area, see subregulation 4.30 (2).
“(3) A person who is directed to stop a vehicle in a designated no-standing area or designated limited no-standing area by an authorised person must do so in accordance with the direction.
Penalty: 3 penalty units.
“(4) Contravention of subregulation (1), (2) or (3) is an infringement notice offence.
Note For infringement notice offences, see Part 7.
Authorised person may direct that a vehicle may be moved
“4.35. (1) An authorised person may direct the driver of a vehicle that is parked in a designated no-parking area, or stopped in a designated no-standing area, to move the vehicle.
“(2) The driver of a vehicle must comply with a direction under subregulation (1).
Penalty: 3 penalty units.
“(3) Contravention of subregulation (2) is an infringement notice offence.
Note For infringement notice offences, see Part 7.
“(4) In this regulation:
driver of a vehicle includes any adult who appears to be the driver of the vehicle, whether or not he or she is sitting in the driver’s seat of the vehicle.
“4.36. The Secretary may appoint as an authorised person for a provision or provisions of this Division:
(a) an officer of the Department; or
(b) an officer of the Australian Protective Service; or
(c) an employee of an airport-operator company, or of a contractor to an airport-operator company; or
(d) a person authorised under the law of a State or Territory to prosecute offences related to the parking of vehicles.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 3 June 1998.
2. Statutory Rules 1997 No. 57 as amended by 1997 Nos. 105 and 178; 1998 No. 98.