Statutory
Rules 1998No. 118 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
2 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 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).
“(2) For this Division, a vehicle is parked in contravention of
the posted conditions of parking, or stopped in contravention of
the posted conditions of parking or stopping, in an area if it is
parked or stopped in the area:
- (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.
No-standing areas
“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:
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 ofin
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:
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 ofin
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.
Authorised persons
“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.