An Act to limit aircraft movements at Sydney Airport, and for
related purposes
Part 1—Preliminary
1
Short title [see Note
1]
This Act may be cited as the Sydney
Airport Demand Management Act 1997.
2
Commencement [see Note
1]
(1) This Act, other than Parts 2 and 3,
commence on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), Parts 2
and 3 commence on a day to be fixed by Proclamation.
(3) If Parts 2 and 3 do not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, they commence on the first day after the end of that period.
3
Identifying defined terms
(1) Many of the terms in this Act are defined
in Schedule 1. Some definitions that are relevant only to limited areas of
this Act are defined in those areas.
(2) Most of the terms that are defined in
Schedule 1 are identified by an asterisk at the start of the term: as in “*aircraft
movement”. The footnote with the asterisk contains a signpost to Schedule 1.
(3) An asterisk usually identifies the first
occurrence of a term in a section (if not divided into subsections),
subsection, note or definition. Later occurrences of the term in the same
provision are not usually asterisked.
(4) The following basic terms used throughout
the Act are not identified with an asterisk:
|
Terms that are not
identified with an asterisk
|
|
Item
|
This term
|
Is defined in
|
|
1
|
aircraft
|
Schedule 1
|
|
2
|
slot
|
Schedule 1
|
|
3
|
Sydney Airport
|
Schedule 1
|
4
Overview
(1) This Act sets the *maximum movement limit for *aircraft movements
at Sydney Airport (otherwise than during *curfew periods). It also provides for the
*Slot
Management Scheme, under which slots for *gate movements at Sydney Airport are
allocated. The Scheme is required to be consistent with the maximum movement
limit.
(2) Part 2 sets the *maximum movement
limit for *aircraft
movements at Sydney Airport, and provides for monitoring of compliance with
that limit.
(3) Part 3 prohibits, and sets out
penalties for, unauthorised *gate movements. These are movements that are not authorised
by a slot allocated under the *Slot Management Scheme and are not otherwise exempt.
(4) Part 4 deals with the contents,
development and amendment of the *Slot Management Scheme. It also deals with the powers of
the Minister and the *Compliance
Committee to give directions or make recommendations in relation to slot
allocations.
(5) Part 5 deals with the contents,
development and amendment of the *Compliance Scheme. It also deals with the power of the
Minister to determine modifications of the Scheme in exceptional circumstances.
(6) Parts 6 and 7 deal, respectively,
with the appointment etc. of the *Slot Manager and the *Compliance Committee.
(7) Part 8 deals with miscellaneous
matters.
(8) Schedule 1 contains definitions (see
also section 3).
5
Consequential amendment of the Airports Act 1996
The Airports Act 1996 is amended
as set out in Schedule 2.
5A
Part IIIA of the Trade Practices Act 1974 to be subject to this Act
Part IIIA of the Trade Practices Act
1974 has effect subject to this Act.
Part 2—The maximum aircraft movement limit at Sydney Airport
6
Maximum movement limit
(1) There are to be no more than 80 *aircraft movements
at Sydney Airport in any regulated hour. This limit is known as the maximum
movement limit.
Note: The Minister may determine a lower limit—see
section 7.
(2) A regulated hour is a
period of 60 minutes starting:
(a) on the hour (being one of the 24
hours of a day); or
(b) at 15 minutes past the hour; or
(c) at 30 minutes past the hour; or
(d) at 45 minutes past the hour.
(3) However, a period is not a regulated
hour if it starts during, or less than 60 minutes before, a *curfew period.
Note: *Aircraft movements during *curfew periods are regulated under the Sydney
Airport Curfew Act 1995.
(4) In applying the limit imposed by this
section, *aircraft
movements *associated
with *gate
movements that are permitted by Division 5 of Part 3 are not to be
counted.
(5) The purpose of this section is to set the
maximum movement limit for the purposes of subsection 35(2) (which requires the
*Slot
Management Scheme to be consistent with the limit) and other provisions of this
Act. It does not operate to create rights or obligations except as provided in
other provisions of this Act.
7
Minister’s power to determine a lower maximum movement limit
(1) The Minister may, by legislative
instrument, determine that subsection 6(1) is to have effect as if a lower
number of *aircraft
movements were specified in it.
Note: See section 8 for consultation
requirements.
(3) While a determination under subsection (1)
is in force, subsection 6(1) has effect as if the lower number of *aircraft movements
were specified in it.
(4) A determination under subsection (1):
(a) comes into force on the first day
after the end of the period during which it can be disallowed by a House of the
Parliament, or on a later day specified in the determination; and
(b) remains in force until the end of
the period (if any) specified in the determination, or until the Minister
revokes the determination.
If the determination is disallowed, it does not come into
force.
8
Consultation about determination of lower maximum movement limit
(1) Before making a determination under
subsection 7(1), the Minister must cause to be published in the Gazette
a notice:
(a) stating that the Minister is
considering making the determination specified in the notice; and
(b) inviting persons covered by any of
the following subparagraphs to give the Minister a written submission about the
proposed determination within 30 days after the publication of the notice:
(i) the operator of Sydney
Airport;
(ii) a person specified in
the regulations for the purposes of this subparagraph, being a person who
represents the interests of all of the aircraft operators who use Sydney
Airport to operate scheduled air services;
(iii) *Airservices Australia;
(iv) the Civil Aviation
Safety Authority.
(2) If a person gives the Minister a written
submission in accordance with the notice, the Minister must have due regard to
the submission in making the determination.
(3) Subsection (2) does not, by
implication, limit the matters to which the Minister may have regard.
(4) This section does not apply to a
determination that the Minister proposes to make if the consultation
requirements in Part 3 of the Legislative Instruments Act 2003
apply to the making of the determination.
9 Airservices
Australia to monitor compliance with maximum movement limit and to report to
Minister
Airservices Australia’s monitoring role
(1) *Airservices Australia is to monitor compliance
with the *maximum
movement limit, and (subject to subsection (5)) is to give the Minister a
written report, within 28 days of the end of each quarter, on the extent of
infringements (if any) of the limit in the quarter.
(2) A quarter is a period of 3
months starting on any of the following dates in a year:
(a) 1 January;
(b) 1 April;
(c) 1 July;
(d) 1 October.
(3) The Minister must cause a copy of each
report under subsection (1) to be laid before each House of the Parliament
within 15 sitting days of that House after the day on which the Minister
receives the report.
(4) *Airservices Australia’s obligations under this
section are limited to monitoring compliance with the *maximum movement limit and
reporting to the Minister on the extent of infringements. This monitoring and
reporting role does not authorise or require Airservices Australia to take any
action to enforce compliance with the limit.
What happens if this section commences during a quarter
(5) If this section commences during a
quarter (but not on the first day of the quarter):
(a) no report is to be made at the end
of the quarter; but
(b) the report made at the end of the
next quarter is also to include the information about infringements that
occurred in the previous quarter.
What happens if Airservices Australia ceases to provide
air traffic services at Sydney Airport
(6) If *Airservices Australia ceases to provide
air traffic services at Sydney Airport, this section ceases to apply to
Airservices Australia.
(7) The Minister may enter into an
arrangement with another person who does, or is to, provide air traffic
services at Sydney Airport under which the person will perform a monitoring
role similar to the role that *Airservices Australia performed under this section. Reports
received by the Minister under the arrangement are to be tabled in accordance
with the requirements of subsection (3).
Part 3—Penalties for unauthorised gate movements
Division 1—Situations in which penalties apply
10
Gate movements to which this Part applies
This Part applies to all *gate movements at Sydney
Airport, other than:
(a) any gate movement that is
permitted by Division 5; and
(b) any gate movement that is *associated with an
*aircraft
movement that occurs during a *curfew period, unless a slot has been allocated for the
gate movement under the *Slot Management Scheme; and
(c) any gate movement in relation to
which the following conditions are satisfied:
(i) the associated
aircraft movement was scheduled to occur at a time during a curfew period;
(ii) the aircraft movement
actually occurs at a time that is not during a curfew period;
(iii) if the aircraft
movement had occurred at its scheduled time, the aircraft movement would have
been permitted by section 12 or 13 of the Sydney Airport
Curfew Act 1995;
(iv) no slot has been
allocated for the gate movement under the Slot Management Scheme.
Note 1: Regarding paragraph (b), a slot may have
been allocated for the *gate movement because the *aircraft movement was scheduled to occur
before or after the *curfew
period. In that case, this Part applies to the gate movement even if the
aircraft movement actually occurs during the curfew period.
Note 2: *Aircraft movements during *curfew periods are regulated under the Sydney
Airport Curfew Act 1995. Slots cannot be allocated under
this Act for times during curfew periods (see subsection 35(1B)).
11
Meaning of no‑slot movement and off‑slot movement
Meaning of no‑slot movement
(1) A *gate movement is a no‑slot
movement if no slot permitting the movement on the day on which it
occurs has been allocated under the *Slot Management Scheme.
Meaning of off‑slot movement
(2) A *gate movement is an off‑slot
movement (subject to subsection (6)) if:
(a) a slot permitting the movement on
the day on which it occurs has been allocated under the *Slot Management Scheme; and
(b) the circumstances are such that,
according to the provisions of the *Compliance Scheme referred to in subsection 49(1), the
movement is an off‑slot movement.
Clarification of definitions
(3) If a slot permitting a *gate movement at a
specified time on a specified day has been allocated under the *Slot Management
Scheme, but the movement occurs at another time on that day:
(a) the movement is not a no‑slot
movement; but
(b) depending on the circumstances,
the movement may be an off‑slot movement.
Slot Manager’s power to declare that gate movements do
not have to be in accordance with allocated slots
(4) The *Slot Manager may, in writing, declare, in
relation to the whole or a part of a day, that *gate movements that occur during the
period to which the declaration relates are not required to take place in
accordance with their allocated slots.
(5) In making a declaration, the *Slot Manager must
have regard to the provisions of the *Slot Management Scheme referred to in subsection
35(4).
(6) During the period to which a declaration
relates, a *gate
movement that would otherwise be an off‑slot movement is taken not to be
an off‑slot movement.
Note: The declaration has no effect on the question
whether a *gate
movement is a no‑slot movement.
12
Prohibition on no‑slot movements
The *operator of an aircraft must not,
knowingly or recklessly, allow the aircraft to engage in a *gate movement to
which this Part applies that is a no‑slot movement.
Note: This is a civil penalty provision—see
Divisions 2 and 3 for the consequences of a contravention.
13
Prohibition on off‑slot movements
The *operator of an
aircraft must not, knowingly or recklessly, allow the aircraft to engage in a *gate movement to
which this Part applies that is an off‑slot movement.
Note: This is a civil penalty provision—see
Divisions 2 and 3 for the consequences of a contravention.
Division 2—Civil penalties
14
Pecuniary penalties for contravention of civil penalty provisions
(1) If the *Federal Court is satisfied, on the
balance of probabilities, that a person (the operator) has
contravened a *civil
penalty provision, the Court may order the operator to pay to the *Slot Manager, on
behalf of the Commonwealth, such pecuniary penalty in respect of the
contravention as the Court determines to be appropriate.
(2) In determining the pecuniary penalty, the
Court must have regard to the following matters:
(a) the nature and extent of the
contravention; and
(b) the nature and extent of any loss
or damage suffered as a result of the contravention; and
(c) the circumstances in which the
contravention took place; and
(d) whether the operator has
previously been found by the Court in proceedings under this Act to have
engaged in similar conduct.
The Court may also have regard to any other matters it considers
relevant.
(3) The pecuniary penalty payable under subsection (1)
is not to exceed:
(a) for a contravention of section 12:
(i) if the contravention
is by a body corporate—2,000 penalty units; and
(ii) if the contravention
is by an individual—400 penalty units; and
(b) for a contravention of section 13:
(i) if the contravention
is by a body corporate—1,000 penalty units; and
(ii) if the contravention
is by an individual—200 penalty units.
Note: See section 4AA of the Crimes Act 1914
for the current value of a penalty unit.
(4) The *Federal Court may make such declarations
or orders as it considers appropriate in relation to, or as a result of, the
proceedings, including (but not limited to):
(a) a declaration that the operator
did not contravene a *civil
penalty provision; and
(b) a declaration that an *infringment notice
that was issued to the operator should not have been issued to the operator,
and is not to be counted as an infringement notice for any purpose; and
(c) an order as to costs.
15
Procedural matters
(1) The *Slot Manager may, by application,
institute proceedings in the *Federal Court for the payment of a pecuniary penalty
referred to in section 14.
Note: An application by the operator under
subsection 24(1) has effect as if it were an application by the *Slot Manager under
this subsection.
(2) The proceedings must be commenced within
6 years after the contravention.
(3) In hearing and determining the
proceedings, the *Federal
Court is to apply the rules of evidence and procedure that it applies in
hearing and determining civil matters.
16 No
criminal proceedings for contravention of civil penalty provision
Criminal proceedings do not lie against
a person only because the person has contravened a *civil penalty provision.
Division 3—Infringement notices (alternative to proceedings for civil
penalty)
17
Interpretation
In this Division:
civil contravention means a contravention of
a *civil
penalty provision.
civil prosecution means proceedings under
Division 2 for the payment of a pecuniary penalty in respect of a civil
contravention.
18
Purpose and effect of this Division
(1) The purpose of this Division is to create
a system of infringement notices for civil contraventions as an alternative to
civil prosecutions.
(2) This Division does not:
(a) require an infringement notice to
be issued to a person for a civil contravention; or
(b) affect the liability of a person
to civil prosecution in respect of a civil contravention if an infringement
notice is not issued to the person for the contravention; or
(c) prevent the issue of 2 or more
infringement notices to a person for a civil contravention; or
(d) affect the liability of a person
to civil prosecution for a civil contravention if the person does not comply
with an infringement notice issued for the contravention; or
(e) limit or otherwise affect the
pecuniary penalty that may be imposed by a court on a person as a result of a
civil prosecution.
19
Issue of infringement notices
(1) If the *Compliance
Committee:
(a) reasonably believes that a person
has committed a civil contravention; and
(b) considers, having regard to the
provisions of the *Compliance
Scheme referred to in paragraph 49(2)(a), that it is appropriate to issue an
infringement notice;
the Compliance Committee may direct the *Slot Manager to
issue an infringement notice to the person for the contravention.
(2) The *Slot Manager must issue an infringement
notice in accordance with the direction.
Note: The person may apply to the *Federal Court for
a determination of the question whether there has been a civil
contravention—see section 24.
20
Infringement notice penalty
(1) The penalty payable under an *infringement
notice for a civil contravention is the fine specified in the notice.
(2) The fine specified is to be at the rate
that, under the provisions of the *Compliance Scheme referred to in subsection 49(3), is the
appropriate rate of fine for the contravention.
(3) The *Compliance Scheme may specify different
rates of fine to be payable according to the number of civil contraventions a
person has committed, or has committed in a specified period, and according to
whether a person is a body corporate or an individual. These are the only
grounds on which the Compliance Scheme may specify different rates of fine as
being appropriate.
(4) A rate of fine specified in the *Compliance Scheme
as being appropriate for a civil contravention by a person must not be more
than one‑fifth of the maximum pecuniary penalty that the *Federal Court
could order the person to pay under Division 2 in respect of that
contravention (see subsection 14(3)).
21
Infringement notice penalty is payable to the Slot Manager on behalf of
Commonwealth
The penalty payable under an *infringement
notice is payable to the *Slot Manager, on behalf of the Commonwealth.
22
Time for payment
(1) The time within which the penalty payable
under an *infringement
notice must be paid is 28 days after the day on which the notice is issued.
(2) The *Slot Manager may extend the time within
which the penalty must be paid. The following provisions apply to extensions of
time:
(a) an extension must not be for
longer than 28 days;
(b) only one extension may be given;
(c) an extension may be given before
or after the end of the initial time for payment of the penalty.
23
Contents of infringement notice
(1) An *infringement notice issued for a civil
contravention must:
(a) be identified by a unique number;
and
(b) state its date of issue; and
(c) give brief details of the civil
contravention, including:
(i) the date and
approximate time of the contravention; and
(ii) where the
contravention happened; and
(iii) the *civil penalty
provision that was contravened; and
(d) state the name of the person to
whom it is issued (being the *operator of the aircraft involved in the civil
contravention); and
(e) state the registration number of
the aircraft involved in the civil contravention; and
(f) state the penalty payable under
the notice for the civil contravention; and
(g) contain the additional information
required by subsection (2).
(2) The *infringement notice must tell the person
to whom it is issued that:
(a) the person may pay the penalty
stated in the notice:
(i) by posting or
delivering the payment to the place of payment stated in the notice; or
(ii) in any other way
stated in the notice; and
(b) if the person pays the penalty
within 28 days after the day on which the notice is issued, or any longer time
allowed in writing by the *Slot Manager, the person will not be liable to a civil
prosecution in court for the civil contravention, unless the notice is
withdrawn; and
(c) if a civil prosecution is brought
against the person for the civil contravention, the person may be ordered to
pay a civil penalty up to the appropriate limit specified in subsection 14(3)
and may be ordered to pay the costs of the civil prosecution proceedings; and
(d) the person may, under section 24,
apply to the *Federal
Court for a determination of the question whether the person committed the
civil contravention.
(3) The *infringement notice may also contain any
other information that the *Slot Manager considers is appropriate.
24
Person issued with infringement notice may initiate proceedings in the Federal
Court for a determination of whether there has been a contravention
(1) A person (the operator) who
has been issued with an *infringement notice may apply to the *Federal Court for
a determination of the question whether the person committed the civil
contravention identified in the infringement notice.
(2) If the operator makes an application
under subsection (1):
(a) the application has effect as if
it were instead an application made by the *Slot Manager, in accordance with section 15,
for the payment of a pecuniary penalty referred to in section 14 in
respect of the contravention; and
(b) for the purposes of the resulting
proceedings in the *Federal
Court under section 14, the Slot Manager is the applicant and the operator
is the respondent.
25
Withdrawal of infringement notice
(1) The *Compliance Committee may direct the *Slot Manager to
withdraw an *infringement
notice that has been issued to a person if the Compliance Committee considers,
having regard to the provisions of the *Compliance Scheme referred to in paragraph
49(2)(b), that it is appropriate to withdraw the infringement notice.
(2) The *Slot Manager must withdraw the notice in
accordance with the direction.
(3) If the person has already paid the
penalty stated in the notice, the *Slot Manager must refund it.
(4) Notice of the withdrawal of the *infringement
notice must be given to the person. The notice must:
(a) include the following information:
(i) the person’s name and
address;
(ii) the number of the
infringement notice;
(iii) the date of issue of
the infringement notice; and
(b) state that the infringement notice
is withdrawn; and
(c) if the *Slot Manager intends to bring a
civil prosecution against the person for the civil contravention—state that a
civil prosecution may be brought against the person in a court for the civil
contravention.
26
Effect of payment of infringement notice penalty
(1) If the person to whom an *infringement
notice is issued for a civil contravention pays the penalty specified in the
notice to the *Slot
Manager:
(a) any liability of the person for
the civil contravention is discharged; and
(b) a civil prosecution may not be
brought against the person for the civil contravention.
(2) Subsection (1) does not apply if the
*infringement
notice has been withdrawn and the penalty paid has been refunded.
Division 4—Obligations in relation to money received under this Part
27
Civil penalties and infringement notice penalties to be paid to the
Commonwealth
(1) Amounts received by the *Slot Manager by
way of:
(a) civil penalties under Division 2;
and
(b) *infringement notice penalties under
Division 3;
must be paid to the Commonwealth.
(2) If an amount is paid to the Commonwealth
as a civil penalty (Division 2) or an infringement notice penalty (Division 3)
the Commonwealth must pay to the Slot Manager an amount equal to that amount.
(3) A payment of an amount to the Slot
Manager under subsection (2) is subject to the condition that, if the
Commonwealth becomes liable to refund the whole or part of that amount, the
Slot Manager must pay to the Commonwealth an amount equivalent to the amount
that the Commonwealth is liable to refund.
(4) The Consolidated Revenue Fund is
appropriated for the purposes of subsection (2).
(5) An amount payable by the Slot Manager
under subsection (1) may be set off against an amount payable to the Slot
Manager under subsection (2).
28
Slot Manager to apply money for purposes of functions under this Act
(1) The *Slot Manager is to apply the money paid
to it under section 27 for the purposes of, or for purposes related to,
the performance of the functions of the Slot Manager under this Act.
(2) If the *Slot Manager
applies money to which subsection (1) applies otherwise than as required
by that subsection, the amount so applied is a debt due by the Slot Manager to
the Commonwealth, and is recoverable by action in a court of competent
jurisdiction.
(3) The *Slot Manager must, within 6 months of the
end of each financial year, prepare accounts showing how it has applied money
referred to in subsection (1) that was paid to the Slot Manager during the
year.
(4) The regulations may:
(a) impose requirements relating to
how the accounts referred to in subsection (3) are to be prepared; and
(b) impose requirements for the audit
of those accounts; and
(c) deal with how this section applies
to money referred to in subsection (1) if the *Slot Manager also receives other money;
and
(d) deal with the obligations of a
body corporate that has ceased to be the Slot Manager in relation to money
referred to in subsection (1) that it received while it was the Slot
Manager.
Division 5—Exemptions
29
Aircraft may make gate movements in emergencies or if Slot Manager grants
dispensation
An aircraft may make a *gate movement at Sydney
Airport in circumstances that would otherwise result in the *operator
contravening a *civil
penalty provision if:
(a) the aircraft is involved in an
emergency as described in section 30; or
(b) a dispensation granted by the Slot
Manager under section 31 authorises the gate movement, and the gate movement
is in accordance with any conditions of the dispensation; or
(c) the aircraft is a state aircraft
as described in section 32.
30
Emergencies
An aircraft is involved in an
emergency if:
(a) the aircraft is being used, or is
returning after use, for or in connection with:
(i) a search and rescue
operation; or
(ii) a medical emergency;
or
(iii) a natural disaster; or
(b) the pilot of the aircraft has
declared an in‑flight emergency.
31
Dispensations in exceptional circumstances
(1) The *Slot Manager may grant a dispensation
authorising an aircraft to make a *gate movement at Sydney Airport in circumstances that would
otherwise result in the *operator contravening a *civil penalty provision if the Slot
Manager is satisfied that there are exceptional circumstances.
(2) A dispensation may be granted subject to
conditions including, for example, conditions relating to when the *gate movement must
occur.
(3) In granting a dispensation, the *Slot Manager must
have regard to the provisions of the *Slot Management Scheme referred to in subsection
35(5).
(4) A dispensation need not be in writing,
but the Slot Manager must make a written record of each dispensation and the
reasons for granting it.
32
State aircraft
A state aircraft is:
(a) an aircraft:
(i) of any part of the
Defence Force of Australia; or
(ii) that is commanded by a
member of that Force in the course of his or her duties as such a member;
other than any such aircraft
that is registered in Australia in accordance with the Civil Aviation
Regulations; or
(b) an aircraft used in the military,
customs or police services of a country other than Australia.
Part 4—The Slot Management Scheme
Division 1—Framework within which Scheme to be developed and to operate
33 The
Scheme and its basic purpose
(1) There is to be a scheme, known as the
Slot Management Scheme, for Sydney Airport.
(2) The basic purpose of the Scheme is to
provide a system for the allocation of permissions for *gate movements at Sydney Airport.
The system must be consistent with the *maximum movement limit for *aircraft movements.
34 The
concept of a slot
(1) A permission for a *gate movement is
known as a slot. A slot allocated under the Slot Management
Scheme will permit a specified gate movement at a specified time on a specified
day.
(2) A slot allocated under the Scheme is not
transferable (except in accordance with provisions in the Scheme about swapping
slots) and does not create rights or obligations that are enforceable against
any person.
(3) Other laws may impose requirements or
restrictions on or in relation to *aircraft movements or *gate movements. The allocation of a slot
for a gate movement under the Scheme in no way affects the application of such
other requirements or restrictions to, or in relation to, the gate movement and
any *associated
aircraft movement.
35
Contents of Scheme
(1) The Slot Management Scheme must provide a
system for the allocation of slots for *gate movements at Sydney Airport. In addition to
allocation, the Scheme may deal with associated matters such as the variation,
suspension, cancellation, surrender or swapping of allocated slots, and the
conditions that may be imposed on slots.
(1A) The Scheme may deal with the allocation of
slots for specified categories of *gate movements.
(1B) The Scheme must not allow slots to be
allocated for times during *curfew periods.
(2) The Scheme must be consistent with the *maximum movement
limit for *aircraft
movements.
(3) The Scheme may provide for the
authorisation of other persons to exercise powers of the *Slot Manager
relating to the allocation of slots, or to slots that have been allocated.
(4) The Scheme must set out guidelines
relating to the exercise of the *Slot Manager’s power under subsection 11(4) to make
declarations that *gate
movements are not required to take place in accordance with their allocated
slots.
(5) The Scheme must set out guidelines
relating to the exercise of the *Slot Manager’s power under section 31 to grant
dispensations including, in particular:
(a) what constitutes exceptional
circumstances for the purposes of that section; and
(b) the conditions to which
dispensations should be subject.
(6) The Scheme may contain a mechanism for
the reconsideration of decisions made under the Scheme, or of decisions made by
the *Slot
Manager for the purposes of this Act.
(7) The Scheme may contain other provisions
relating to the performance of the *Slot Manager’s functions.
(8) The Scheme must be consistent with the
additional requirements (if any) specified in the regulations. Any such
requirements must be consistent with the *maximum movement limit for *aircraft movements.
(9) The Scheme must be consistent with the
additional requirements (if any) specified in determinations in force under
section 36.
(10) The Scheme must be consistent with any
requirements of the Sydney Airport Curfew Act 1995 that
relate to *aircraft
movements before or after *curfew periods.
36
Minister’s power to determine additional requirements
(1) The Minister may, by legislative instrument,
determine additional requirements with which the Slot Management Scheme must be
consistent. Any such requirements must be consistent with the *maximum movement
limit for *aircraft
movements.
(2) Before making a determination under subsection (1),
the Minister must consult the *Slot Manager about the proposed determination. This
requirement does not apply to the Minister making a determination before the
Slot Manager has been appointed.
37
Consequence of Scheme not being consistent with section 35
Inconsistency with section 35 does
not affect the validity of the Slot Management Scheme. However, if the Minister
becomes aware that the Scheme is inconsistent with that section, the Minister
is to take action under Division 2 to have the Scheme amended, as soon as
possible, so that it is consistent with that section.
Division 2—Development and amendment of Scheme
Subdivision A—Development
38
Slot Manager to develop slot management scheme and submit it for approval
(1) The *Slot Manager is to develop a slot
management scheme (the draft scheme) for Sydney Airport that is
consistent with section 35.
(2) The draft scheme is to be submitted to
the Minister for approval.
(3) The Minister may require the *Slot Manager to
develop and submit the draft scheme by a time determined by the Minister.
39
Minister’s power to request or make amendments
(1) The Minister may request the *Slot Manager to
amend the draft scheme to address a particular issue identified by the Minister
and to resubmit the amended draft scheme for approval.
(2) If the *Slot Manager refuses or fails to comply
with the request to the satisfaction of the Minister within 14 days of the
request being made, or within such longer period as the Minister determines,
the Minister may amend the draft scheme to address the issue identified in the
request. Before doing so, the Minister must first consider any reasons given by
the Slot Manager for its refusal or failure.
(3) The Minister’s power under this section
to request an amendment of the draft scheme, or to amend the draft scheme, may
be exercised even if the scheme is already consistent with section 35.
Note: For example, the Minister may request or make
an amendment of the draft scheme because he or she considers that a matter
could be dealt with in a more appropriate way and still be consistent with
section 35.
40
Approval of scheme
(1) The Minister may, in writing, approve the
draft scheme (as originally developed or as amended by the *Slot Manager or
the Minister) if, and only if, the Minister is satisfied that the scheme is
consistent with section 35.
(2) If the Minister approves the draft
scheme, the Minister must, by legislative instrument, determine that the Slot
Management Scheme for Sydney Airport is the scheme that has been approved. The
determination must:
(a) set out the scheme in full; and
(b) specify the day on which the
scheme is to come into force as the Slot Management Scheme.
41
When Slot Management Scheme comes into force
The scheme set out in a determination
under subsection 40(2) comes into force as the Slot Management Scheme on the
day specified in accordance with paragraph 40(2)(b).
Subdivision B—Amendment
42
Slot Manager may develop amendments of Slot Management Scheme and submit them
for approval
The *Slot Manager may develop amendments of
the *Slot
Management Scheme and submit them to the Minister for approval.
43
Minister’s power to request or develop amendments
(1) The Minister may request the *Slot Manager to
develop an amendment of the *Slot Management Scheme to address a particular issue
identified by the Minister and to submit the amendment to the Minister for
approval.
(2) If the *Slot Manager refuses or fails to comply
with the request to the satisfaction of the Minister within 14 days of the
request being made, or within such longer period as the Minister determines,
the Minister may develop an amendment of the Scheme to address the issue
identified in the request. Before doing so, the Minister must first consider
any reasons given by the Slot Manager for its refusal or failure.
(3) The Minister’s power under this section
to request an amendment of the Scheme, or to develop an amendment of the
Scheme, may be exercised even if the Scheme already complies with section 35.
Note: For example, the Minister may request or
develop an amendment of the Scheme because he or she considers that a matter
could be dealt with in a more appropriate way and still be consistent with
section 35.
44
Approval of amendments
(1) The Minister may, in writing, approve an
amendment of the *Slot
Management Scheme (being an amendment developed by the *Slot Manager or the Minister) if,
and only if, the Minister is satisfied that the Scheme as proposed to be
amended would be consistent with section 35.
(2) If the Minister approves an amendment of
the *Slot
Management Scheme, the Minister must, by legislative instrument, determine that
the *Slot
Management Scheme is amended by the amendment that has been approved. The
determination must:
(a) set out the amendment in full; and
(b) specify the day on which the
amendment is to come into force.
45
When an amendment comes into force
The amendment set out in a determination
under subsection 44(2) comes into force on the day specified in accordance with
paragraph 44(2)(b).
Division 3—Powers of Minister and Compliance Committee in relation to
slot allocation
46
Minister’s powers
(1) The Minister may, in writing, direct the *Slot Manager:
(a) to vary, suspend or cancel slots
that have been allocated under the *Slot Management Scheme as specified in the direction; or
(b) to exercise the power to issue
slots under the Scheme subject to limitations specified in the direction.
The direction does not have to be consistent with the Slot
Management Scheme.
(2) The *Slot Manager, and each person authorised
under provisions of the Scheme referred to in subsection 35(3), must comply
with a direction by the Minister, and has such power as is necessary to comply
with the direction, despite the provisions of the *Slot Management Scheme.
(3) A direction by the Minister must be
consistent with the *maximum
movement limit for *aircraft
movements.
(4) The Minister is not to be taken, for the
purposes of the Corporations Act 2001, to be a director of a company
that is the *Slot
Manager because of the powers in relation to the Slot Manager that are
conferred on the Minister by this section.
(5) The Minister must, in relation to each
direction:
(a) include in the direction a
statement of the reasons for giving the direction; and
(b) cause a copy of the direction to
be tabled in each House of the Parliament not later than 6 sitting days of that
House after the day on which the direction is given
(6) A direction is not to be taken to be a
legislative instrument for the purposes of the Legislative Instruments Act
2003.
47
Compliance Committee’s powers
(1) The *Compliance Committee may, in writing,
recommend to the *Slot
Manager that the Slot Manager should vary, suspend or cancel slots that have
been allocated under the *Slot Management Scheme as specified in the recommendation.
(2) The *Slot Manager is to have regard to the
recommendation, but is not required to comply with it. Any actions the Slot
Manager takes in complying with the recommendation must be in accordance with
the *Slot
Management Scheme.
Part 5—The Compliance Scheme
Division 1—Framework within which Scheme to be developed and to operate
48 The
Scheme and its basic purpose
(1) There is to be a scheme, known as the Compliance
Scheme, for Sydney Airport.
(2) The basic purpose of the Scheme is to
provide for various matters relating to compliance with the requirements of
this Act.
49
Contents of Scheme
(1) The Compliance Scheme must identify the
circumstances in which *gate movements are taken to be off‑slot movements for
the purposes of this Act.
(2) The Scheme must identify:
(a) the circumstances in which it is
appropriate to issue an *infringement notice to a person for a contravention of a *civil penalty
provision, and the circumstances in which it is not appropriate to do so; and
(b) the circumstances in which it is
appropriate to withdraw an infringement notice that has been issued, and the
circumstances in which it is not appropriate to do so.
(3) The Scheme must, consistently with
subsections 20(3) and (4), specify:
(a) the rates of fines that may be
specified in *infringement
notices; and
(b) the circumstances to which the
different rates apply.
(4) The Scheme may contain a mechanism for
the reconsideration of decisions made under the Scheme, or of decisions made by
the *Compliance
Committee for the purposes of this Act.
(5) The Scheme may contain other provisions
relating to the performance of the *Compliance Committee’s functions under this Act.
(7) The Scheme must be consistent with the
additional requirements (if any) specified in the regulations.
(8) The Scheme must be consistent with the
additional requirements (if any) specified in determinations in force under
section 50.
50
Minister’s power to determine additional requirements
(1) The Minister may, by legislative
instrument, determine additional requirements with which the Compliance Scheme
must be consistent.
(2) Before making a determination under subsection (1),
the Minister must consult the *Compliance Committee about the proposed determination. This
requirement does not apply to the Minister making a determination before the
Compliance Committee has been appointed.
51
Consequence of Scheme not being consistent with section 49
Inconsistency with section 49 does
not affect the validity of the Compliance Scheme. However, if the Minister
becomes aware that the Scheme is inconsistent with that section, the Minister
is to take action under Division 2 to have the Scheme amended, as soon as
possible, so that it is consistent with that section.
Division 2—Development and amendment of Scheme
Subdivision A—Development
52
Compliance Committee to develop compliance scheme and submit it for approval
(1) The *Compliance Committee is to develop a
compliance scheme (the draft scheme) for Sydney Airport that is
consistent with section 49.
(2) The draft scheme is to be submitted to
the Minister for approval.
(3) The Minister may require the *Compliance
Committee to develop and submit the draft scheme by a time determined by the
Minister.
53
Minister’s power to request or make amendments
(1) The Minister may request the *Compliance
Committee to amend the draft scheme to address a particular issue identified by
the Minister and to resubmit the amended draft scheme for approval.
(2) If the *Compliance Committee refuses or fails to
comply with the request to the satisfaction of the Minister within 14 days of
the request being made, or within such longer period as the Minister
determines, the Minister may amend the draft scheme to address the issue
identified in the request. Before doing so, the Minister must first consider
any reasons given by the Compliance Committee for its refusal or failure.
(3) The Minister’s power under this section
to request an amendment of the draft scheme, or to amend the draft scheme, may
be exercised even if the scheme is already consistent with section 49.
Note: For example, the Minister may request or make
an amendment of the draft scheme because he or she considers that a matter
could be dealt with in a more appropriate way and still be consistent with
section 49.
54
Approval of scheme
(1) The Minister may, in writing, approve the
draft scheme (as originally developed or as amended by the *Compliance
Committee or the Minister) if, and only if, the Minister is satisfied that the
scheme is consistent with section 49.
(2) If the Minister approves the draft
scheme, the Minister must, by legislative instrument, determine that the
Compliance Scheme for Sydney Airport is the scheme that has been approved. The
determination must:
(a) set out the scheme in full; and
(b) specify the day on which the
scheme is to come into force as the Compliance Scheme.
55
When Compliance Scheme comes into force
The scheme set out in a determination
under subsection 54(2) comes into force as the Compliance Scheme on the day
specified in accordance with paragraph 54(2)(b).
Subdivision B—Amendment
56
Compliance Committee may develop amendments of Compliance Scheme and submit
them for approval
The *Compliance Committee may develop
amendments of the *Compliance
Scheme and submit them to the Minister for approval.
57
Minister’s power to request or develop amendments
(1) The Minister may request the *Compliance
Committee to develop an amendment of the *Compliance Scheme to address a particular
issue identified by the Minister and to submit the amendment to the Minister
for approval.
(2) If the *Compliance Committee refuses or fails to
comply with the request to the satisfaction of the Minister within 14 days of
the request being made, or within such longer period as the Minister
determines, the Minister may develop an amendment of the Scheme to address the
issue identified in the request. Before doing so, the Minister must first
consider any reasons given by the Compliance Committee for its refusal or
failure.
(3) The Minister’s power under this section
to request an amendment of the Scheme, or to develop an amendment of the
Scheme, may be exercised even if the Scheme already complies with section 49.
Note: For example, the Minister may request or
develop an amendment of the Scheme because he or she considers that a matter
could be dealt with in a more appropriate way and still be consistent with
section 49.
58
Approval of amendments
(1) The Minister may, in writing, approve an
amendment of the *Compliance
Scheme (being an amendment developed by the *Compliance Committee or the Minister) if,
and only if, the Minister is satisfied that the Scheme as proposed to be
amended would be consistent with section 49.
(2) If the Minister approves an amendment of
the *Compliance
Scheme, the Minister must, by legislative instrument, determine that the
Compliance Scheme is amended by the amendment that has been approved. The
determination must:
(a) set out the amendment in full; and
(b) specify the day on which the
amendment is to come into force.
59
When an amendment comes into force
The amendment set out in a determination
under subsection 58(2) comes into force on the day specified in accordance with
paragraph 58(2)(b).
Division 3—Modification of Scheme in exceptional circumstances
59A
Minister’s power to determine modifications
(1) The Minister may, in writing, determine
that the *Compliance
Scheme has effect subject to specified modifications during a specified period
if the Minister considers that there are exceptional circumstances justifying
the making of the determination.
(2) During the period specified in a
determination under subsection (1), the *Compliance Scheme has effect subject to
the modifications specified in the determination.
(3) The Minister must, in relation to each
determination under subsection (1):
(a) include in the determination a
statement of the reasons for making the determination; and
(b) cause a copy of the determination
to be given to the *Compliance
Committee as soon as practicable after the day on which the determination is
made.
Note: A copy of the determination will also have to
be laid before each House of the Parliament (see section 38 of the Legislative
Instruments Act 2003).
(4) Modifications specified in a
determination under subsection (1) do not have to be consistent with
section 49.
(5) A determination under subsection (1)
is a legislative instrument, but section 42 (disallowance) of the Legislative
Instruments Act 2003 does not apply to the determination.
(6) In this section:
modifications includes additions, omissions
and substitutions.
Part 6—The Slot Manager
60 The
Slot Manager
(1) There is to be a Slot Manager for Sydney Airport.
(2) The functions of the Slot Manager are:
(a) to develop, administer and amend
the *Slot
Management Scheme; and
(b) such other functions as are
conferred on the Slot Manager by this Act, the regulations, the *Slot Management
Scheme or the *Compliance
Scheme.
61
Appointment of Slot Manager
(1) The Minister may, in writing, appoint a
body corporate (including a company incorporated under the Corporations Act
2001) to be the Slot Manager.
(2) The appointment is to be for a specified
period not exceeding 3 years.
(3) The body corporate must be one that the
Minister considers has, through its members or employees, a good understanding
of aviation generally and of the issues involved in slot allocation processes.
62 The
legal position of the Slot Manager
Appointment as Slot Manager does not confer separate
legal personality
(1) The appointment of a body corporate to be
the *Slot
Manager does not confer on the body corporate a legal personality that is
separate from the legal personality it already has as a body corporate.
How legal proceedings taken by or against Slot Manager
(2) Legal proceedings by or against the *Slot Manager are
to be taken by or against the body corporate that is the Slot Manager in that
body corporate’s own name.
Slot Manager not a Commonwealth authority etc.
(3) Subject to subsections (4) and (5),
the body corporate that is the *Slot Manager is not to be taken, merely because it holds
that office:
(a) to be the Commonwealth or a
Commonwealth authority; or
(b) to be established for a public
purpose or for a purpose of the Commonwealth; or
(c) to hold a Commonwealth office or
to be a Commonwealth officer; or
(d) to be a public authority or an
agency or instrumentality of the Crown;
(within the ordinary meaning of the expression concerned)
for the purposes of a law unless a law, or regulations for the purposes of this
section, expressly provide otherwise.
(4) For the purposes of sections 134.1,
134.2, 135.1 and 135.2 of the Criminal Code, the *Slot Manager is to be taken to be a
Commonwealth entity.
(5) For the purposes of sections 141.1,
142.1, 142.2, 148.1 and 148.2 of the Criminal Code, the following
persons are to be taken to be Commonwealth public officials:
(a) the *Slot Manager; and
(b) the employees and agents of the
Slot Manager; and
(c) persons authorised under
provisions of the *Slot
Management Scheme referred to in subsection 35(3).
Interpretation
(6) In this section:
law means:
(a) an Act of the Commonwealth or of a
State or Territory; or
(b) regulations or any other
instrument made under such an Act.
63
Termination of appointment
The Minister may, in writing, terminate
the appointment of a body corporate as the *Slot Manager at any time for any reason.
64
Protection of Slot Manager etc. from legal actions
(1) No action lies against the *Slot Manager, or
against an employee or agent of the Slot Manager acting in the course of that
person’s employment or agency, for or in respect of any loss or damage caused
by the Slot Manager, or the employee or agent, doing something that is within
the Slot Manager’s functions.
(2) Subsection (1) does not cover loss
or damage that is wilfully or negligently caused by the *Slot Manager or by the employee or
agent.
(3) In this section:
(a) a reference to the Slot Manager
includes a reference to a person who is a member of the body corporate that is
the Slot Manager; and
(b) a reference to an agent of the
Slot Manager acting in the course of that agency includes a reference to a
person authorised under provisions of the *Slot Management Scheme referred to in
subsection 35(3) acting in the course of that authority.
65
Change of Slot Manager
The regulations may make provision for
matters relating to one body corporate ceasing to be the *Slot Manager and
another body corporate becoming the Slot Manager, including:
(a) the continued effect of things
done by the previous Slot Manager; and
(b) the substitution of parties to
legal proceedings by or against the previous Slot Manager; and
(c) the
transfer of rights and liabilities to the new Slot Manager.
Part 7—The Compliance Committee
66 The
Compliance Committee
(1) There is to be a Compliance Committee for
Sydney Airport.
(2) The functions of the Committee are:
(a) to develop, administer and amend
the *Compliance
Scheme; and
(b) such other functions as are
conferred on the Compliance Committee by this Act, the regulations, the
Compliance Scheme or the *Slot Management Scheme.
(3) The members of the Committee are to be
appointed by the Minister.
67
Regulations may deal with appointment and other matters
The regulations may deal with:
(a) matters relating to the
appointment of members of the Compliance Committee, including (but not limited
to):
(i) how many members may
be appointed; and
(ii) requirements (if any)
as to who may be appointed; and
(iii) the duration of
appointments and the terms and conditions of appointments; and
(iv) the termination of
appointments; and
(b) matters relating to the operations
of the Compliance Committee.
68 The
legal position of the Compliance Committee
(1) The *Compliance Committee, or a member of the
Compliance Committee acting as such a member, is not to be taken:
(a) to be the Commonwealth or a
Commonwealth authority; or
(b) to be established for a public
purpose or for a purpose of the Commonwealth; or
(c) to hold a Commonwealth office or
to be a Commonwealth officer; or
(d) to be a public authority or an
agency or instrumentality of the Crown;
(within the ordinary meaning of the expression concerned)
for the purposes of a law unless a law, or regulations for the purposes of this
section, expressly provide otherwise.
(2) In this section:
law means:
(a) an Act of the Commonwealth or of a
State or Territory; or
(b) regulations or any other
instrument made under such an Act.
69
Protection of Compliance Committee from legal actions
(1) No action lies against the *Compliance
Committee for or in respect of any loss or damage caused by the Compliance
Committee doing something that is within the Compliance Committee’s functions.
(2) Subsection (1) does not cover loss
or damage that is wilfully or negligently caused by the Compliance Committee.
(3) In this section, a reference to the
Compliance Committee includes a reference to a member of the Compliance
Committee acting as such a member.
Part 8—Miscellaneous
70
Evidentiary certificates
(1) A certificate by the body corporate that
is, when the certificate is made, the *Slot Manager and that states:
(a) that a specified *gate movement
occurred; and
(b) that the movement was a no‑slot
movement or an off‑slot movement; and
(c) the circumstances because of which
the movement was a no‑slot movement or an off‑slot movement;
is, for the purposes of proceedings under this Act, prima
facie evidence of the matters stated in it (including at a time after the body
corporate has ceased to be the Slot Manager).
(2) A certificate must:
(a) be in writing; and
(b) be either:
(i) under the seal of the
body corporate; or
(ii) signed by a director,
or other equivalent officer, of the body corporate on behalf of the body
corporate.
71
Delegation
The Minister may, in writing, delegate
to:
(a) the Secretary of the Department;
or
(b) an SES employee in the Department;
all or any of the following powers:
(c) the power under section 44 to
give approvals and make determinations in relation to amendments of the *Slot Management
Scheme;
(d) the power under section 58 to
give approvals and make determinations in relation to amendments of the *Compliance Scheme;
(e) the power under subsection 66(3)
to make appointments to the *Compliance Committee.
72
Crown to be bound
(1) This Act binds the Crown in each of its
capacities.
(2) This Act does not make the Crown liable
to be prosecuted for an offence, or for a civil penalty under Division 2
of Part 3.
73
Extra‑territorial operation
This Act extends to acts, omissions,
matters and things outside Australia, whether or not in a foreign country.
74
Regulations
(1) The Governor‑General may make
regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient for
carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the
regulations may:
(a) provide for the *Slot Manager and
the *Compliance
Committee to report on specified matters; and
(b) provide for the review of decisions
made under this Act, the *Slot Management Scheme or the *Compliance Scheme; and
(c) provide for the transfer of
information, for the purposes of this Act:
(i) between the Slot
Manager and the Compliance Committee; and
(ii) to the Slot Manager or
the Compliance Committee by *Airservices Australia or by other persons; and
(d) prescribe penalties, not exceeding
50 penalty units, for offences against the regulations.