Statutory
Rules 1998No. 207 1
__________________
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
30 June 1998.
WILLIAM
DEANE
Governor-General
By His Excellency’s Command,
MARK VAILE
Minister for Transport and Regional Development
____________
1. Commencement
1.1 These
Regulations commence on 1 July 1998.
2. Amendment
2.1 The Airports
(Control of On-Airport Activities) Regulations are amended as set out in these
Regulations.
3. Regulation 1.03
(Definitions)
3.1 Insert the following definition:
“Part 11 airport means an airport to which
Part 11 of the Act applies.”.
4. Regulation 1.04 (Airports to which Part 11 of
Act applies)
4.1 After paragraph 1.04 (a), insert:
- “(aa)
Bankstown Airport;
- (ab)
Camden Airport;”.
4.2 After paragraph 1.04 (b), insert:
- “(ba)
Hoxton Park Airport;”.
5. New Division 2.2
5.1 After Division 2.1, insert:
“Division
2.2—Airports in New South Wales
Definitions for Division
“2.20. In this Division:
Board means the Liquor Administration Board
constituted by section 72 of the Liquor Act.
Liquor Act means the Liquor Act 1982
of New South Wales.
liquor authorisation, for premises at a Part
11 airport in New South Wales, means an authority (however described and
however granted) for the sale or supply of liquor from the premises, and
includes an authority that is part of the terms of a lease, sublease, licence
or sublicence, but does not include a liquor licence granted under the Liquor
Act.
Modifications of Liquor Act—permanent
“2.21. (1) Subject
to regulation 2.21B, the Liquor Act, in its application at a Part 11 airport in
New South Wales, is modified as set out in Subdivision 1 of Division 1 of Part
1 of Schedule 1.
“(2) Subject to regulation 2.21B, that Act, in its
application at Sydney (Kingsford-Smith) Airport, is further modified as set out
in Subdivision 2 of Division 1 of Part 1 of Schedule 1.
Modifications of Liquor Act—transitional
“2.21A. (1) Subject
to regulation 2.21B, the Liquor Act, in its application in relation to a liquor
licence that a person is taken to hold under this Division for premises at a
Part 11 airport in New South Wales, is further modified as set out in
Subdivision 1 of Division 2 of Part 1 of Schedule 1.
“(2) Clause 15 of Part 1 of Schedule 1 is taken to
be omitted on 1 January 1999.
“(3) Subject to regulation 2.21B, that Act, in its
application in relation to a liquor licence that a person is taken, under this
Division, to hold for premises at Sydney (Kingsford-Smith) Airport is further
modified as set out in Subdivision 2 of Division 2 of Part 1 of Schedule 1.
“(4) Section 6 of that Act has effect, in relation
to the operations of Souvenir World (Airport) Pty Ltd from premises at Sydney
(Kingsford-Smith) Airport, as if paragraph 6 (i) were omitted and the
following paragraph substituted:
“(5) Subject to regulation 2.21B, that Act, in its
application in relation to a liquor licence that a person is taken, under
subregulation 2.24 (1), to hold for premises at Bankstown Airport is
further modified as set out in Subdivision 3 of Division 2 of Part 1 of
Schedule 1.
Operation of certain provisions of the Liquor Act
“2.21B. (1) Despite
regulations 2.21 and 2.21A, the Liquor Act, in its application to a Part 11
airport in New South Wales, is not taken to confer a power other than a
judicial power (within the meaning of Chapter III of the Constitution) on the
Licensing Court established by the Liquor Act.
“(2) In its application in relation to a Part 11
airport in New South Wales, a provision of that Act that would, but for this
subregulation, purport to confer a power (other than a judicial power) on the
Licensing Court is taken to confer the power on the Secretary.
“(3) Despite regulations 2.21 and 2.21A, the
Liquor Act, in its application to a Part 11 airport in New South Wales, is not
taken to confer a judicial power (within the meaning of Chapter 111 of the
Constitution) on a body that is not a court (within the meaning of that
Chapter) or on a person who is not a judicial officer.
Transitional—existing authorities to sell liquor at Sydney
(Kingsford-Smith) Airport—international terminal
“2.22. (1) On
the commencement of an airport lease for Sydney (Kingsford-Smith) Airport, a
person mentioned in table 1 that, immediately before that commencement, held a
liquor authorisation for premises mentioned in the table in the international
terminal at the airport is taken to be granted:
Table
1
Column 1
Item | Column 2
Person or body | Column 3
Place of premises |
1 | Aerolineas Argentinas | Landside level 3 |
2 | Air New Zealand Ltd | Departures airside Piers B and C |
3 | Ansett Australia Limited | Arrivals Airside Pier C |
4 | Cathay Pacific Airways Ltd | Arrivals Airside Pier C |
5 | Japan Airlines Company Limited | Arrivals Airside Pier C |
6 | Malaysia Airlines System Berhad | Arrivals Airside Pier C |
7 | Qantas Airways Limited | Arrivals Airside Pier B, Departures Airside Pier B
and Arrivals Airside Pier C |
8 | Singapore Airlines Limited | Departures Airside Pier C |
9 | Sydney Airports Corporation Limited | VIP facilities airside and landside |
10 | Thai Airways International Public Company Limited | Arrivals Airside Pier C |
11 | United Airlines Inc | Arrivals Airside Pier C |
12 | Spotless Catering Services Limited | Departures Airside Pier B (Munjara B), Departures Airside Pier C (Munjara C), Departures Landside (Pizza Hut, Catalina Bar and Airports Bar), Landside
Level 3 (Restaurant, Bistro and Function Room), Landside Arrivals (Spirit of
Flight and Arrivals Cafe) |
13 | Caffe Italia Pty Ltd | Departures Landside Pier C |
“(2) On that commencement, Airport Fine Foods Pty
Ltd is taken to be granted an off-licence (retail) under paragraph
18 (3) (a) of the Liquor Act for the premises at Departures Landside
Piers B and C, and Departures Airside Piers B and C for which, immediately
before that commencement, it held a liquor authorisation.
“(3) Each such liquor licence is taken to be
subject to the same conditions (if any) as was the liquor authorisation held by
the person that is taken to hold the licence.
Transitional—existing
authorities to sell liquor at Sydney (Kingsford-Smith) Airport—domestic
terminal
“2.23. (1) On
the commencement of an airport lease for Sydney (Kingsford-Smith) Airport, a
person who, immediately before that commencement, held a liquor authorisation
for premises in the domestic terminal at the airport is taken to be granted:
“(2) Each such liquor licence is taken to be
subject to the same conditions (if any) as was the liquor authorisation held by
the person that is taken to hold the licence.
Transitional—existing authorities to sell liquor elsewhere at
Sydney (Kingsford-Smith) Airport
“2.23A. (1) On
the commencement of an airport lease for Sydney (Kingsford-Smith) Airport, each
person mentioned in subregulation (2) is taken to be granted:
- (a)
an on-licence (under paragraph
18 (4) (g) of the Liquor Act) for the premises for which, immediately
before that commencement, it held a liquor authorisation; and
- (b)
a certificate of suitability for the premises
under section 74A of that Act.
“(2) The persons are:
- (a)
Impulse Airline Pty Ltd;
- (b)
Australian Jet Charter Pty Ltd;
- (c)
Hazelton
Airline Services Pty Ltd;
- (d)
Hawker Pacific Pty Ltd;
- (e)
Sydney Heli-Scenic
Pty Ltd;
- (f)
Sterling Estates (SA) Pty Ltd;
- (g)
Helicopters No. 1 Pty Ltd;
- (h)
Rotor Lift Pty Ltd;
- (i)
Sydney Helicopter Service Pty Ltd;
- (j)
Air Cruising Australia Ltd;
- (k)
Pel-Air
Aviation Pty Ltd.
“(3) On that commencement, Australian Aviation
Club is taken to be granted a functions licence under subsection 18 (5) of
that Act for the premises for which, immediately before that commencement, it
held a liquor authorisation.
“(4) Each such liquor licence is taken to be
subject to the same conditions (if any) as was the liquor authorisation.
Transitional—proposed hotel at Sydney (Kingsford-Smith) Airport
“2.23B. On the commencement of an airport lease for
Sydney (Kingsford-Smith) Airport, Sydney Airports Corporation Limited is taken
to be granted a hotelier’s licence under paragraph 18 (2) (a) of the
Liquor Act for the proposed Sydney Airport (International Terminal) Hotel
mentioned in the Heads of Agreement of 20 March 1998 between the FAC
and Grocon Sydney Airport Hotel Pty Ltd.
Transitional—existing authorities to sell liquor at Bankstown
Airport
“2.24. (1) On
the commencement of an airport lease for Bankstown Airport, a person (other
than Burmah Fuels Australia Ltd) who,
immediately before that commencement, held a liquor authorisation for premises
at the airport is taken to have been granted a functions licence (under
subsection 18 (5) of the Liquor Act) for the premises.
“(2) Each such liquor licence is taken to be
subject to the same conditions (if any) as was the liquor authorisation.
Transitional—liquor authorisation held by Burmah Fuels Australia Ltd at Bankstown Airport
“2.24A. (1) Despite
the grant of an airport lease at Bankstown Airport, the liquor authorisation
granted to Burmah Fuels Australia Ltd (Burmah) on 1 May 1998 for the sale or
supply of liquor from premises at that airport is taken to continue in effect
according to its terms.
“(2) Despite regulations 2.20A and 2.21, the
Liquor Act does not apply to the sale or supply of liquor by Burmah from those premises under the liquor
authorisation.
“(3) Despite the grant of the airport lease, the
FAC By-laws (as in force immediately before 1 July 1998), so far as they apply
to the sale or supply of liquor at an airport, are taken to continue to apply
to the sale or supply of liquor by Burmah
from those premises.
“(4) A power under the liquor authorisation or the
FAC By‑laws that was exercisable before 1 July 1998 by the FAC is
exercisable on and after that day by the Secretary.
“(5) This regulation ceases to have effect on the
sooner of:
Transitional—liquor authorisation held by Burmah Fuels Australia Ltd at Hoxton Park Airport
“2.24B. (1) Despite
the grant of an airport lease at Hoxton Park Airport, the liquor authorisation
granted to Burmah Fuels Australia Ltd (Burmah) on 1 May 1998 for the sale or
supply of liquor from premises at that airport is taken to continue in effect
according to its terms.
“(2) Despite regulations 2.20A and 2.21, the
Liquor Act does not apply to the sale or supply of liquor by Burmah from those premises under the liquor
authorisation.
“(3) Despite the grant of the lease, the FAC
By-laws (as in force immediately before 1 July 1998), so far as they apply to
the sale or supply of liquor at an airport, are taken to continue to apply to
the sale or supply of liquor by Burmah
from those premises.
“(4) A power under the liquor authorisation or the
FAC By‑laws that was exercisable before 1 July 1998 by the FAC is
exercisable on and after that day by the Secretary.
“(5) This regulation ceases to have effect on the
sooner of:
Transitional—when liquor licence etc ceases
“2.25. (1) A
liquor licence that a person is taken to hold under this Division ceases:
- (a)
if the relevant liquor authorisation is
conferred in a lease, licence, sublease or sublicence—when that lease,
sublease, licence or sublicence ends; or
- (b)
if the licence is cancelled under the Liquor
Act, as that Act is taken to apply to it.
“(2) Also, the liquor licence taken to be held by
Sydney Airports Corporation under regulation 2.23B ceases (unless sooner
cancelled or surrendered) on 30 June 2008.
Transitional—dealing with liquor licence etc
“2.26. A liquor licence that a person is taken to
hold under this Division may be treated as if it were held under the Liquor
Act.
Transitional—dealing with person taken to hold liquor licence etc
“2.27. A person who is taken to hold a liquor
licence under this Division may be treated as if the liquor licence were held
under the Liquor Act.
Transitional—approval of managers
“2.28. (1) Despite
clause 15 of Division 1 of Part 1 of Schedule 1, a corporation that is
taken to hold a liquor licence under this Division must obtain, by 31 December
1998, the approval mentioned in paragraph 69C (1) (a) of the Liquor
Act for any manager of the premises taken to be licensed, as if Division 8A of
Part 3 of that Act applied to the corporation.
“(2) Despite that clause, if the corporation
appoints a manager of the premises after this regulation commences but before
1 January 1999, the corporation must:
as if Division 8A of Part 3 of that Act applied to the corporation.
“(3) Despite that clause, section 69D of the
Liquor Act is taken to apply in relation to an approval mentioned in
subregulation (1) or paragraph (2) (b).
“(4) Despite that clause, if a manager of the
premises ceases to act as manager after this regulation commences but before
1 January 1999, the corporation must give the board the notice required by
subsection 69E (4) of the Liquor Act.
Transitional—person taken to hold liquor licence to give copies of
plans
“2.29. Within 6 months after the commencement of an
airport lease for Sydney (Kingsford-Smith) Airport, Bankstown Airport, Camden
Airport or Hoxton Park Airport, a person who is taken to hold a liquor licence
for premises at the airport under this Part must give the Board a copy of a
plan of the premises, showing their boundaries.”.
6. Regulation 2.54 (Transitional—when liquor
licence etc ceases)
6.1 Paragraph 2.54 (b):
Omit “Licensing Act,”, substitute
“Liquor Licensing Act,”.
7. New regulations 3.20 and 3.21
7.1 After regulation 3.02, insert:
Consumer trading—Sydney (Kingsford-Smith) Airport
“3.20. For its application to consumer trading at
Sydney (Kingsford-Smith) Airport, the Factories, Shops and Industries
Act 1962 of New South Wales is modified by omitting sections 82, 84
and 85.
Consumer trading—other Part 11 airports in New South Wales
“3.21. For its application to consumer trading
carried on at a Part 11 airport (other than Sydney (Kingsford-Smith) Airport)
in New South Wales under a licence or permission taken to have been granted to
a person under regulation 3.02, the Factories, Shops and Industries Act 1962
of New South Wales is modified by omitting sections 82, 84 and 85.”.
8. Regulation 4.01 (Definitions for Part 4)
8.1 Definition of Vehicle Control Handbook:
Add at the end:
- “; and (c)
for Sydney (Kingsford-Smith) Airport,
Bankstown Airport, Camden Airport, Essendon Airport and Hoxton Park Airport—the
Airside Vehicle Control Handbook published for the airport by the FAC, as in
force on 30 June 1998.”.
9. Regulation 4.03 (Definitions for Division 4.2)
9.1 Subregulation 4.03 (1) (definition
of regulated major airport):
After “means”, insert “Sydney
(Kingsford-Smith) Airport,”.
10. Regulation 4.30 (Definitions for Division 4.3)
10.1 Subregulation 4.30 (1) (definition of regulated
airport):
Omit “(except Adelaide, Canberra,
Coolangatta, Launceston or Parafield Airport)”.
11. Regulation 4.41 (Definitions for Division 4.4)
11.1 Definition of ADA:
Omit the definition, substitute:
“ADA means:
- (a)
an Authority to Drive Airside issued under
regulation 4.43; or
- (b)
a document issued by the FAC that is taken,
under regulation 4.43A, to be an ADA.”.
11.2 Definition of AUA:
Omit the definition, substitute:
“AUA means:
- (a)
an Authority for Use Airside issued under
regulation 4.44; or
- (b)
a document issued by the FAC that is taken,
under regulation 4.44A, to be an AUA.”.
12. New regulation 4.43A
12.1 After regulation 4.43, insert:
Transitional—previously issued authorities
“4.43A. (1) An
authority to drive a vehicle on the airside of an airport issued by the FAC
after 15 May 1997 but before the commencement of an airport lease for the
airport, and in force at that commencement, is taken:
“(2) An authority continued in force by
subregulation 4.50 (1) (as in force on 30 June 1998), and in force
immediately before 1 July 1998, is taken:
“(3) An ADA that is taken to continue in force
under subregulation (1) or (2):
13. New regulation 4.44AA
13.1 After regulation 4.44, insert:
Transitional—previously issued authorities
“4.44AA. (1) An
authority for the use of a vehicle on the airside of an airport issued by the
FAC after 15 May 1997 but before the commencement of an airport lease for the
airport, and in force at that commencement, is taken:
“(2) An authority continued in force by
subregulation 4.50 (2) (as in force on 30 June 1998), and in force
immediately before 1 July 1998, is taken:
“(3) An AUA that is taken to continue in force
under subregulation (1) or (2):
14. Regulation 4.46 (Authorised person)
14.1 Omit
“subregulation 4.45 (1):”, substitute “this Division:”.
15. Regulation 4.50 (Transitional—existing
authorisations)
15.1 Omit the
regulation.
16. Regulation 5.01 (Definitions for Part 5)
16.1 Definition of regulated
airport:
After “except”, insert “Sydney
(Kingsford-Smith) Airport, Bankstown Airport, Camden Airport, Hoxton Park
Airport,”.
17. New regulation 5.01A
17.1 After regulation 5.01, insert:
Transitional—gambling at Part 11 airports in New South Wales
“5.01A. (1) An
authority (however described, and however conferred, including an authority
given as part of the terms of a lease) given by the FAC or the Commonwealth,
before the commencement of this regulation, to a person to engage in a gambling
activity at Sydney (Kingsford-Smith) Airport, Bankstown Airport, Camden Airport
or Hoxton Park Airport continues to have effect according to its terms.
“(2) Subregulation (1) does not authorise the
person to engage in:
- (a)
any gambling activity not authorised by the
authority; or
- (b)
the gambling activity in a way, at a time, or
under conditions, other than those set out in the authority.
“(3) An authority that is continued in effect by
subregulation (1) ends when it would have ended if this regulation had not
been made, and may be treated in any way under a law of New South Wales as if
it were a licence or permission granted under that law.”.
Note Omit the heading to regulation
5.02, substitute “Prohibition of gambling at other regulated airports”.
18. Regulation 5.03 (Application of certain State
and Territory laws at regulated airports)
18.1 Subregulation 5.03 (1):
After “a State”, insert “(other than
New South Wales), or a Territory”.
19. New Part 8
19.1 After Part 7, insert:
“Part 8—Miscellaneous
Delegation by Secretary
“8.01. The Secretary may, by instrument, delegate to
a Senior Executive Service officer (within the meaning given by the Public
Service Act 1922) performing duties in the Department any of the
Secretary’s powers under these Regulations, other than this power of
delegation.”.
20. Schedule 1 (Modifications of State liquor
legislation)