Airports Amendment Regulations 2009 (No. 3) (Cth)

Airports Amendment Regulations 2009 (No. 3)¹

Select Legislative Instrument 2009 No. 307

I, QUENTIN BRYCE, 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 12 November 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Airports Amendment Regulations 2009 (No. 3).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Airports Regulations 1997

Schedule 1 amends the Airports Regulations 1997.

Schedule 1 Amendments

(section 3)

[1] Subregulations 3.23 (1) and (2)

substitute

(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).

[2] After regulation 3.26

insert

3.26APerson 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.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See