F2004C00725
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SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Sydney Airport Demand Management Regulations
1998
Statutory Rules 1998 No. 119 as amended
made under the
Sydney Airport Demand Management Act 1997
Consolidated as in force on 28 September 1999
(includes amendments up to SR 1998 No. 337)
Prepared by the Office of Legislative Drafting,
Attorney-General's
Department, Canberra
Sydney Airport Demand Management Regulations
1998
Statutory Rules
1998
No.
119
as amended
made under the
Sydney Airport Demand Management Act 1997
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Part I Preliminary
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 1
Name of regulations [see Note 1]
These Regulations are the Sydney Airport Demand Management
Regulations 1998.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 2
Commencement
These Regulations commence on gazettal.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 3
Definition
Demand Management Act means the Sydney Airport Demand Management
Act 1997.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Part 2 The Compliance Committees
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 4
Meaning
of member
In this Part, unless the contrary intention appears:
member does not include an alternate member.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 5
Committee membership (Demand Management
Act, s 67)
- (1)
- The Minister may appoint up to 7 people to be members of the
Compliance Committee.
- (2)
- At least 3 members of the Committee must be people nominated by:
- (a)
- airlines that regularly use Sydney Airport; or
- (b)
- if there is an organisation that is accepted by the Minister as
representing those airlines — that organisation.
- (3)
- At least 1 of those 3 members must be somebody nominated by:
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- (a)
- regional service operators that regularly use Sydney Airport; or
- (b)
- if there is an organisation that is accepted by the Minister as
representing those operators — that organisation.
- (4)
- At least 1 member of the Committee must be somebody nominated by
the operator of Sydney Airport.
- (5)
- In subregulation (4):
operator of Sydney Airport means:
- (a)
- if there is an airport lease for Sydney Airport — the airport-lessee
company, within the meaning given by the Airports Act 1996; or
- (b)
- otherwise — the Federal Airports Corporation.
- (6)
- At least 1 member of the Committee must be somebody nominated by
the body that provides air traffic control services at Sydney Airport.
- (7)
- For paragraphs (2) (a) and (3) (a), an operator regularly
uses Sydney Airport if the operator operates 10 or more scheduled
aircraft movements per week (on average during a scheduling season) through the
airport.
- (8)
- In subregulation (7):
scheduling season has the same meaning as in the Slot
Management Scheme 1998.Note Notice of
the approval of the Slot Management Scheme 1998 was published in the
Gazette on 20 April 1998.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 6
Alternate members
- (1)
- The Minister may appoint someone as an alternate member to a
member.
- (2)
- If a member was appointed on the nomination of a person or body,
the Minister may appoint an alternate to the member only on the nomination of
the person or body.
- (3)
- An alternate member may attend meetings of the Committee, but must not
vote unless the member to whom he or she is alternate is absent.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 7
Duration of appointment etc
- (1)
- The duration of an appointment is the period, no longer than
3 years, that the Minister specifies in the instrument of appointment.
- (1A)
- However, the Minister may reappoint a member, including a member
who has previously been reappointed under this subregulation, for a further
period of no longer than 3 years.
- (2)
- A member or alternate member may resign his or her office by writing to
the Minister.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 8
Chair of the Committee
- (1)
- The Minister must appoint 1 of the members to be the Chair of the
Committee.
- (2)
- If the Chair is not present at a meeting of the Committee:
- (a)
- if there is an alternate member to the Chair — the alternate member
presides; or
- (b)
- if there is no alternate member to the Chair, or there is such an
alternate member but he or she is absent — the members of the Committee
present at the meeting may appoint one of themselves to act as Chair for the
meeting.
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SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 9
Procedures of the Committee generally
Subject to this Part, the Committee may determine the procedures for
meetings, including:
- (a)
- convening meetings; and
- (b)
- how minutes are to be kept; and
- (c)
- who may be invited to attend meetings.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 9A
Meetings
The Committee must meet at least once in a calendar year.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 9B
Minutes
- (1)
- The Committee must arrange for minutes to be taken at all
meetings of the Committee.
- (2)
- The Committee must keep a copy of the minutes of a meeting for at
least 7 years after the meeting.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 10
Attendance by observers at meetings
- (1)
- A representative of the Slot Manager may attend any meeting of
the Committee.
- (1A)
- The Committee must ensure that the Slot Manager is given
reasonable notice of a meeting.
- (2)
- The Committee may allow somebody else to attend a meeting as an observer.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 11
Quorum
Four members (including an alternate member, if the member to whom
he or she is alternate is absent) constitute a quorum.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 12
Voting
- (1)
- Each member has 1 vote, and, in the event of an equality of
votes, the Chair also has a casting vote.
- (2)
- Matters before a meeting are to be determined by simple majority
of votes of the members present and voting.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 13
Disclosure of interests by members of the Committee
- (1)
- In this regulation:
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member includes an alternate member.
(2) A member who
has a direct or indirect interest (for example, as an employee of an airline
whose conduct is being examined by the Committee) in a matter before the
Committee, including a matter that is the subject of a proposed resolution
being dealt with under regulation 15, must disclose the interest to the other
members as soon as possible after he or she becomes aware of the relevant
facts.
- (3)
- The member may not vote on the matter.
- (4)
- The member may not be present while the Committee discusses the matter,
except with the permission of the other members.
- (5)
- A member is not taken to have an interest for this regulation only because
of a direct or indirect pecuniary interest:
- (a)
- that the member has only through being in the aviation industry; and
- (b)
- in common with the other members of the Committee.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 14
Facts that may indicate an interest
- (1)
- In this regulation:
member includes an alternate member.
(2) If a member has
information that indicates that another member has a direct or indirect
interest (within the meaning given by regulation 13) in a matter before the
Committee, including a matter that is the subject of a proposed resolution
being dealt with under regulation 15, he or she must give the information
to the Committee.
- (3)
- The Committee must decide by resolution whether the allegedly interested
member actually has an interest in the matter.
- (4)
- The allegedly interested member may not vote on the resolution.
- (5)
- The allegedly interested member may not be present while the Committee
discusses the resolution, except with the permission of the other members.
- (6)
- If the Committee resolves that the allegedly interested member actually
does have an interest in the matter before the Committee, he or she is taken to
have such an interest in the matter for subregulations 13 (3) and (4).
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
- REG 15
Resolutions without meetings
- (1)
- The Committee may make a resolution in accordance with this
regulation without holding a meeting.
- (2)
- The member who proposes the resolution must send a copy of it to:
- (a)
- each of the members of the Committee (including the Chair); and
- (b)
- the Slot Manager.
- (3)
- Members of the Committee may vote for or against the proposed
resolution by writing, on a copy of the proposed resolution, words to the
effect that they approve, or oppose, the proposed resolution, signing the copy
and sending it to the Chair of the Committee.
- (4)
- If, within 14 days after the proposed resolution is sent to the members,
enough members vote for it as set out in subregulation (3), the proposed
resolution is taken to have been passed on the day when the Chair holds that
number of votes.
- (5)
- In subregulation (4):
enough members means two-thirds of the number of members who, if
the proposed resolution were put to a meeting, would be entitled to vote on
it.
(6) If the proposed resolution is not taken to be passed under
subregulation (4) within that period of 14 days:
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- (a)
- it is taken to be passed at the end of that period if two-thirds of the
votes received by the Chair within the period are in favour of the proposed
resolution; or
- (b)
- otherwise, it is taken to be lost.
- (7)
- The Chair must:
- (a)
- record the passing or loss of the resolution; and
- (b)
- tell the members of the Committee and the Slot Manager, in writing, of the
passing or loss of the resolution.
- (8)
- The Committee must keep a copy of the record for at least
7 years after the period mentioned in subregulation (4).
- (9)
- To avoid doubt, resolutions of the kind mentioned in
subregulation 14 (3) may be dealt with under this regulation.
SYDNEY AIRPORT DEMAND MANAGEMENT REGULATIONS 1998
Notes to the Sydney Airport Demand Management Regulations
1998
Note 1
The Sydney Airport Demand Management Regulations 1998 (in force under
the Sydney Airport Demand Management Act 1997) as shown in this
consolidation comprise Statutory Rules 1998 No. 119 amended as indicated
in the Tables below.
Table of Statutory Rules
Year
and
number
|
Date
of notification
in Gazette
|
Date
of
commencement
|
Application,
saving or
transitional provisions
|
1998
No. 119
|
9
June 1998
|
9
June 1998
|
|
1998
No. 337
|
16
Dec 1998
|
16
Dec 1998
|
—
|
Table
of Amendments
ad.
= added or inserted am. = amended rep. = repealed rs. = repealed
and substituted
|
Provision
affected
|
How
affected
|
R.
7
|
am.
1998 No. 337
|
R.
9
|
am.
1998 No. 337
|
Rr.
9A, 9B
|
ad.
1998 No. 337
|
R.
10
|
am.
1998 No. 337
|
Rr.
13-15
|
am.
1998 No. 337
|
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