Airports (Control of On-Airport Activities) Regulations (Amendment) (Cth)

Statutory Rules 1998No. 98 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 20 May 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.   Regulation 1.03 (Definitions)

3.1   Insert the following definition:

“terminal area of an airport means the building or buildings on the airport used for processing the arrival and departure of the passengers of an aircraft engaged in a regular public transport operation (within the meaning given by the Air Navigation Act 1920).”.

3.2   Add at the end:

 “(2) An expression used in both these Regulations and the Airports Regulations has, unless the contrary intention appears, the same meaning in these Regulations as in those Regulations.”.

4.   New regulation 1.04

4.1   After regulation 1.03, insert:

Airports to which Part 11 of the Act applies

 “1.04 For paragraph 169 (b) of the Act, the following airports are specified:

• (a)

  Archerfield Airport;

• (b)

  Essendon Airport;

• (c)

  Jandakot Airport;

• (d)

  Moorabbin Airport;

• (e)

  Mount Isa Airport;

• (f)

  Parafield Airport;

• (g)

  Tennant Creek Airport.”.

5.   Regulation 2.11 (Definitions for Part)

5.1   Omit the regulation, substitute:

Meaning of owner of airport for State or Territory liquor law

 “2.11. For the application to an airport to which Part 11 of the Act applies of a State or Territory law about the control of liquor, the owner of the airport is taken to be the airport-lessee company for the airport.”.

6.   Division 2.3 (Airports in Victoria):

6.1   After the heading, insert:

“Subdivision 2.3.1—Preliminary”.

7.   Regulation 2.31 (Definitions for Division)

7.1   Definition of existing authorisation:

Omit the definition.

8.   Regulation 2.32 (Application of LC Act)

8.1   Omit the regulation, substitute:

Modification of LC Act at certain airports

 “2.32. The LC Act, in its application to Melbourne Airport, is modified as set out in Division 2.1 of Part 2 of Schedule 1.”.

9.   New Subdivision 2.3.2 and regulation 2.32A

9.1   After regulation 2.32, insert:

“Subdivision 2.3.2—Melbourne Airport

Definition for Subdivision

 “2.32A. In this Subdivision:

existing authorisation means an authority (however described and however granted, and including an authority that is part of the terms of a lease, sublease, licence or sublicence) given before 15 May 1997, and in effect immediately before that day, for a person to sell or supply liquor at premises within Melbourne Airport.”.

10.   Regulation 2.33 (Transitional—existing authorities to sell liquor)

10.1   Subregulation 2.33 (1):

Omit “A person”, substitute “Subject to regulations 2.34 and 2.35, a person”.

10.2   Subregulation 2.33 (2):

Omit the subregulation.

11.   Division 2.3 (Airports in Victoria)

11.1   Add at the end:

“Subdivision 2.3.3—Essendon Airport and Moorabbin Airport

Definitions for Subdivision

 “2.37A. In this Subdivision:

liquor authorisation, for premises at Essendon Airport or Moorabbin Airport, 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 LC Act.

Transitional—existing authorities to sell liquor

 “2.37B. (1) On the commencement of an airport lease for Essendon Airport or Moorabbin Airport, a person who, immediately before the commencement of the lease, held a liquor authorisation for premises at the airport is taken to be granted a liquor licence under the LC Act.

 “(2) The liquor licence is taken to be:

• (a)

  in the case of Flightdeck Sports Club Pty Ltd and its premises at Essendon Airport—a general (Class 2) liquor licence under subsection 47 (3) of that Act, together with an extended hours permit under section 53 of that Act authorising the sale of liquor until 2 am on any day in the year; and

• (b)

  in the case of Lone Star Steakhouse and Saloon Bar Pty Ltd and its premises at Moorabbin Airport—an on‑premises (restaurant) licence under paragraph 50 (2) (d) of that Act, together with a liquor without meals authority under subsection 50 (3) of that Act; and

• (c)

  in the case of the Moorabbin Golf Club and its premises at Moorabbin Airport—a limited licence under section 52 of that Act subject to the following conditions:

  • (i)

    that liquor may be sold only to members and guests of members;

  • (ii)

    that liquor may be sold only:

    • (A)

      during ordinary trading hours (within the meaning given by section 3 of that Act); and

    • (B)

      on Sundays between 11 pm and midnight; and

    • (C)

      on Anzac Day between 11 pm and midnight; and

    • (D)

      on Good Friday between 11 pm and midnight;

  • (iii)

    that liquor must not be sold for consumption off the premises; and

• (d)

  in the case of the Royal Victorian Aero Club and its premises at Moorabbin Airport—a limited licence under section 52 of that Act subject to the following conditions:

  • (i)

    that liquor may be sold only to members and guests of members;

  • (ii)

    that liquor may be sold only:

    • (A)

      during ordinary trading hours (within the meaning given by section 3 of that Act); and

    • (B)

      on Sundays between 11 pm and midnight; and

    • (C)

      on Anzac Day between 11 pm and midnight; and

    • (D)

      on Good Friday between 11 pm and midnight;

  • (iii)

    that liquor may be sold for consumption either on or off the premises; and

• (e)

  in the case of General Flying Services Pty Ltd and its premises at Moorabbin Airport—a limited licence under section 52 of that Act subject to the following conditions:

  • (i)

    that liquor may be sold only to members and guests of members, and only for consumption on the premises;

  • (ii)

    that liquor may be sold only during the following periods:

    • (A)

      on Fridays between 5.30 pm and 11 pm; and

    • (B)

      on Saturdays between 2.30 pm and 11 pm; and

    • (C)

      on Sundays between 2.30 pm and 8.30 pm; and

    • (D)

      on other days between 5.30 pm and 8.30 pm.

 “(3) The liquor licence is also taken to be subject to the same conditions (if any) as the liquor authorisation.

 “(4) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the LC Act.

 “(5) Section 77A taken to have been inserted in the LC Act by clause 13 of Schedule 1 is taken to apply to the Moorabbin Golf Club and the Royal Victorian Aero Club.

Transitional—when liquor licence ceases

 “2.37C. A liquor licence taken to be held by a person under subregulation 2.37B (1) 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 LC Act, as that Act is taken to apply to it; or

• (c)

  when the licence would expire under the LC Act.

Transitional—treatment of liquor licence

 “2.37D. (1) A liquor licence that a person is taken to hold under subregulation 2.37B (1) may be treated as if it were a liquor licence granted under the LC Act.

 “(2) To avoid doubt, it is declared that an existing hours permit that a person is taken to hold under subregulation 2.37 (2) may be surrendered or cancelled independently of the liquor licence that the person is taken to hold.

Transitional—treatment of persons taken to hold liquor licence

 “2.37E. A person who is taken to hold a liquor licence under subregulation 2.37B (1) may be treated as if the person held a liquor licence under the LC Act.

Transitional—persons taken to hold liquor licence to give copies of plans

 “2.38. (1) Within 6 months after the commencement of an airport lease for Essendon Airport or Moorabbin Airport, a person who is taken, under subregulation 2.37B (1), to hold a liquor licence for premises at the airport must give the Commission a copy of a plan of the premises, showing their boundaries.

 “(2) If the person does not comply with subregulation (1), the Commission may suspend the liquor licence until the person does so.”.

12.   Division 2.42 (Airports in Queensland)

12.1   After the heading, insert:

“Subdivision 2.4.1—Preliminary”.

13.   Regulation 2.41 (Definitions for Division)

13.1   Definition of existing authorisation:

Omit the definition.

14.   Regulation 2.42 (Application of Liquor Act)

14.1   Omit the regulation, substitute:

Application of Liquor Act at certain airports

 “2.42. (1) The Liquor Act, in its application to Brisbane Airport, is modified as set out in Division 3.1 of Part 3 of Schedule 1.

 “(2) That Act, in its application to the terminal area of Coolangatta or Townsville Airport, is modified as set out in Division 3.2 of that Part of that Schedule.

 “(3) To avoid doubt, that Act is not modified in its application to:

• (a)

  premises at Coolangatta Airport or Townsville Airport outside the terminal area; or

• (b)

  Archerfield Airport; or

• (c)

  Mount Isa Airport.”.

15.   New Subdivision 2.4.2 and regulation 2.42A

15.1   After regulation 2.42, insert:

“Subdivision 2.4.2—Brisbane Airport

Definition for Subdivision

 “2.42A. In this Subdivision:

existing authorisation means an authority (however described and however granted, and including an authority that is part of the terms of a lease, sublease, licence or sublicence) given before 15 May 1997, and in effect immediately before that day, for a person to sell or supply liquor at premises within Brisbane Airport.”.

16.   Division 2.4 (Airports in Queensland)

16.1   Add at the end:

“Subdivision 2.4.3—Archerfield Airport, Coolangatta Airport, Mount Isa Airport and Townsville Airport

Definition for Subdivision

 “2.46A. In this Subdivision:

liquor authorisation, for premises at Archerfield Airport, Coolangatta Airport, Mount Isa Airport or Townsville Airport, 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.

Transitional—existing authorities to sell liquor at Archerfield and Mount Isa Airports

 “2.46B. (1) On the commencement of an airport lease for Archerfield Airport or Mount Isa Airport, a person who, immediately before the commencement of the lease, held a liquor authorisation for premises at the airport is taken to have been granted a liquor licence under the Liquor Act.

 “(2) The liquor licence is taken to be:

• (a)

  in the case of the Royal Queensland Aero Club and its premises at Archerfield Airport—a club liquor licence under section 85 of that Act; and

• (b)

  in the case of Vinance Pty Ltd and its premises at Mount Isa Airport—a general liquor licence under section 59 of that Act.

 “(3) The liquor licence is taken to be subject to the same conditions (if any) as the liquor authorisation.

 “(4) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the Liquor Act.

Transitional—authority to sell liquor in the terminal of Coolangatta Airport

 “2.46C. (1) On the commencement of an airport lease for Coolangatta Airport, the airport-lessee company for the airport is taken to be granted a special facility liquor licence (under section 93 of the Liquor Act) that permits 24-hour trading.

 “(2) The whole terminal area is taken to be licensed premises for the Liquor Act.

 “(3) On the commencement of the airport lease:

• (a)

  the airport-lessee company is taken to sublet the right to sell liquor to any person who, immediately before the commencement of the lease, held a liquor authorisation for premises within the terminal area of the airport; and

• (b)

  the chief executive is taken to have consented to that subletting under subsection 152 (3) of that Act.

Transitional—existing authorities to sell liquor at Coolangatta Airport

 “2.46D.(1) On the commencement of an airport lease for Coolangatta Airport, F.H.A.B. Pty Limited is taken to have been granted a club liquor licence under section 85 of that Act, subject to the same conditions (if any) as the liquor authorisation held by the Club.

 “(2) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the Liquor Act.

Transitional—authority to sell liquor in the terminal of Townsville Airport

 “2.46E. (1) On the commencement of an airport lease for Townsville Airport, the airport-lessee company for the airport is taken to be granted a special facility liquor licence (under section 93 of the Liquor Act) that permits 24-hour trading.

 “(2) The licensed premises are taken to be the whole terminal area.

 “(3) On the commencement of the airport lease:

• (a)

  the airport-lessee company is taken to sublet the right to sell liquor to any person who, immediately before the commencement of the lease, held a liquor authorisation for premises within the terminal area of the airport; and

• (b)

  the chief executive is taken to have consented to that subletting under subsection 152 (3) of that Act.

Transitional—existing authorities to sell liquor at Townsville Airport

 “2.46F.(1) On the commencement of an airport lease for Townsville Airport, Bencol Pty Ltd and Steven Ayles are each taken to have been granted a club liquor licence under section 85 of the Liquor Act.

 “(2) The liquor licence is taken to be subject to the same conditions (if any) as the liquor authorisation held by the person to whom it is taken to be granted.

 “(3) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the Liquor Act.

Transitional—when liquor licence etc ceases

 “2.46G. (1) A special facility liquor licence that an airport‑lessee company is taken to hold under subregulation 2.46C (1) or 2.46E (1) ceases:

• (a)

  if the airport-lessee company ceases to be the airport‑lessee company for the airport; or

• (b)

  if the licence is cancelled under the Liquor Act, as that Act is taken to apply to it; or

• (c)

  when it would expire under the Liquor Act.

 “(2) A liquor licence that a person (other than an airport‑lessee company) is taken to hold under subregulation 2.46B (1), 2.46D (1) or 2.46F (1), or a subletting of the right to sell liquor that a person is taken to hold that a person is taken to hold under subregulation 2.46C (3) or 2.46E (3), cease:

• (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 LC Act, as that Act is taken to apply to it; or

• (c)

  when it would expire under the Liquor Act.

Transitional—dealing with liquor licence etc

 “2.47. (1) A liquor licence that an airport-lessee company is taken to hold under subregulation 2.46C (1) or 2.46E (1) is not transferable but otherwise may be treated as if it were held under the Liquor Act.

 “(2) A liquor licence that a person (other than an airport‑lessee company) is taken to hold under subregulation 2.46B (1), 2.46D (1) or 2.46F (1), or a subletting of the right to sell liquor that a person is taken to hold under subregulation 2.46C (3) or 2.46E (3), may be treated as if it were held under the Liquor Act.

Transitional—dealing with person taken to hold liquor licence etc

 “2.48. A person who is taken to hold a liquor licence under subregulation 2.46B (1), 2.46C (1), 2.46D (1), 2.46E (1) or 2.46F (1), or a subletting of the right to sell liquor that a person is taken to hold under subregulation 2.46C (3) or 2.46E (3), may be treated as if the licence or subletting were held under the Liquor Act.

Transitional—person taken to hold liquor licence etc to give copies of plans

 “2.49. (1) Within 6 months after the commencement of an airport lease for Archerfield Airport, Coolangatta Airport, Mount Isa Airport or Townsville Airport, a person (other than an airport-lessee company) who is taken to hold a liquor licence under subregulation 2.46B (1), 2.46D (1) or 2.46F (1) for premises at the airport, or a subletting of the right to sell liquor from premises at the airport under subregulation 2.46C (3) or 2.46E (3), must give the chief executive a copy of a plan of the premises, showing their boundaries.

 “(2) If the person does not comply with subregulation (1), the chief executive may suspend the liquor licence or right until the person does so.”.

17.   Part 2 (Control of liquor)

17.1   After Division 2.4, insert:

“Division 2.5—Adelaide Airport and Parafield Airport

Definitions for Division

 “2.51. In this Division:

Commissioner has the same meaning as in the Liquor Licensing Act.

liquor authorisation, for premises at Adelaide Airport or Parafield Airport, 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 Licensing Act.

Liquor Licensing Act means the Liquor Licensing Act 1997 of South Australia.

Application of Liquor Licensing Act

 “2.52. (1) The Liquor Licensing Act, in its application to premises in the terminal area of Adelaide Airport or Parafield Airport, is modified as set out in Division 4.1 of Part 4 of Schedule 1.

 “(2) That Act, in its application to premises in any other part of either of those airports, is modified as set out in Division 4.2 of that Part of that Schedule.

Transitional—existing authorities to sell liquor

 “2.53. (1) On the commencement of an airport lease for Adelaide Airport or Parafield Airport, a person (other than the Metropolitan District Show Jumping Club) who, immediately before the commencement of the lease, held a liquor authorisation for premises at the airport is taken, to have been granted a liquor licence under the Liquor Licensing Act.

 “(2) The liquor licence is taken to be:

• (a)

  in the cases of the Aviation Institute (South Australian Division) and the University of Adelaide Sports Association and their respective premises at Adelaide Airport—a club liquor licence under section 36 of that Act; and

• (b)

  in the case of any other person holding a liquor authorisation for premises at Adelaide Airport—a special circumstances liquor licence under section 40 of that Act; and

• (c)

  in the case of the Parafield Flying Club Incorporated and its premises at Parafield Airport—a club liquor licence under section 36 of that Act; and

• (d)

  in the cases of K. S. (Parafield) Pty Ltd and the Hawker de Havilland Aviation College and their respective premises at Parafield Airport—a restaurant liquor licence under section 34 of that Act; and

• (e)

  in the case of Fun Trading Pty Ltd and its premises at Parafield Airport—a hotel liquor licence under section 32 of that Act.

 “(3) The liquor licence is taken to be subject to the same conditions (if any) as the liquor authorisation.

 “(4) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the Liquor Licensing Act.

 “(5) If the Liquor Act does not allow trading at a time when trading is permitted by a liquor authorisation, the person holding the liquor authorisation is also taken to be granted an extended trading authorisation (under section 44 of that Act) allowing trading during the same hours as authorised by the liquor authorisation.

Transitional—when liquor licence etc ceases

 “2.54. A liquor licence that a person is taken to hold under subregulation 2.53 (1), and any extended trading authorisation that the person is taken to hold under subregulation 2.53 (5), both cease:

• (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 Licensing Act, as that Act is taken to apply to it; or

• (c)

  when the liquor licence would expire under the Liquor Licensing Act.

Transitional—dealing with liquor licence etc

 “2.55. (1) A liquor licence that a person is taken to hold under subregulation 2.53 (1) may be treated as if it were held under the Liquor Licensing Act.

 “(2) To avoid doubt, an extended trading authorisation that a person is taken to hold under subregulation 2.53 (5) may be surrendered or cancelled independently of the liquor licence that the person is taken to hold.

Transitional—dealing with person taken to hold liquor licence etc

 “2.56. A person who is taken to hold a liquor licence under subregulation 2.53 (1) may be treated as if the liquor licence were held under the Liquor Licensing Act.

Transitional—person taken to hold liquor licence to give copies of plans

 “2.57. (1) Within 6 months after the commencement of an airport lease for Adelaide Airport or Parafield Airport, a person who is taken to hold a liquor licence for premises at the airport under subregulation 2.53 (1) must give the Commissioner a copy of a plan of the premises, showing their boundaries.

 “(2) If the person does not comply with subregulation (1), the Commissioner may suspend the liquor licence until the person does so.”.

18.   Division 2.6 (Airports in Western Australia)

18.1   After the heading, insert:

“Subdivision 2.6.1—Preliminary”.

19.   Regulation 2.61 (Definitions for Division)

19.1   Definition of existing authorisation:

Omit the definition.

20.   Regulation 2.62 (Application of Liquor Act)

20.1   Omit the regulation, substitute:

Application of LL Act at certain airports

 “2.62. (1) The LL Act, in its application to Perth Airport, is modified as set out in Division 5.1 of Part 5 of Schedule 1.

 “(2) That Act, in its application to the terminal area of Jandakot Airport, is modified as set out in Division 5.2 of that Part of that Schedule.

 “(3) To avoid doubt, that Act is not modified in its application to premises at Jandakot Airport outside the terminal area.”.

21.   New Subdivision 2.6.2 and regulation 2.62A

21.1   After regulation 2.62, insert:

“Subdivision 2.6.2—Perth Airport

Definition for Subdivision

 “2.62A. In this Subdivision:

existing authorisation means an authority (however described and however granted, and including an authority that is part of the terms of a lease, sublease, licence or sublicence) given before 15 May 1997, and in effect immediately before that day, for a person to sell or supply liquor at premises within Perth Airport.”.

22.Division 2.6 (Airports in Western Australia)

22.1 Add at the end:

“Subdivision 2.6.3—Jandakot Airport

Definition for Subdivision

 “2.67. In this Subdivision:

liquor authorisation, for premises at Jandakot Airport, 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 LL Act.

Transitional—existing authorities to sell liquor

 “2.68. (1) On the commencement of an airport lease for Jandakot Airport, a person who, immediately before the commencement of the lease, held a liquor authorisation for premises at the airport is taken to have been granted a club liquor licence under section 48 of the LL Act.

 “(2) The liquor licence is taken to be subject to the same conditions (if any) as the liquor authorisation.

 “(3) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the LL Act.

Transitional—when liquor licence ceases

 “2.68A. A liquor licence that a person is taken to hold under subregulation 2.68 (1) 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 LL Act, as that Act is taken to apply to it; or

• (c)

  when the liquor licence would expire under the LL Act.

Transitional—dealing with liquor licence

 “2.68B. A liquor licence that a person is taken to hold under subregulation 2.68 (1) may be treated as if it were held under the LL Act.

Transitional—dealing with person taken to hold liquor licence

 “2.68C. A person who is taken to hold a licence under subregulation 2.68 (1) may be treated as if the person held a liquor licence under the LL Act.

Transitional—person taken to hold liquor licence to give copies of plans

 “2.69. (1) Within 6 months after the grant of an airport lease for Jandakot Airport, a person who is taken to hold a liquor licence under subregulation 2.68 (1) must give the Commission a plan of the premises at the airport taken to be licensed, showing their boundaries.

 “(2) If the person does not comply with subregulation (1), the Commission may suspend the liquor licence until the person does so.”.

23.   Part 2 (Control of liquor)

23.1   Add at the end:

“Division 2.7—Hobart Airport and Launceston Airport

Definitions for Division

 “2.71. In this Division:

Commissioner has the same meaning as in the Liquor Act.

Liquor Act means the Liquor and Accommodation Act 1990 of Tasmania.

liquor authorisation, for premises at Hobart Airport or Launceston Airport, 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.

Application of Liquor Act

 “2.72. (1) The Liquor Act, in its application to the terminal area of Hobart Airport or Launceston Airport, is modified as set out in Part 6 of Schedule 1.

 “(2) To avoid doubt, that Act is not modified in its application to premises at Hobart Airport or Launceston outside the terminal area.

Transitional—existing authorities to sell liquor

 “2.73. (1) On the commencement of an airport lease for Hobart Airport or Launceston Airport, a person who, immediately before the commencement of the lease, held a liquor authorisation for premises at the airport is taken to be granted a liquor licence under the Liquor Act.

 “(2) The liquor licence is taken to be:

• (a)

  in the case of a liquor authorisation held by a club—a club liquor licence (within the meaning of section 10 of the Liquor Act); and

• (b)

  in the case of any other liquor authorisation—a special liquor licence (within the meaning of section 11 of that Act).

 “(3) The liquor licence is taken to be subject to the same conditions (if any) as the liquor authorisation.

 “(4) The liquor licence is taken to allow trading during the same hours as the authorisation does.

 “(5) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the Liquor Act.

Transitional—when liquor licence etc ceases

 “2.74. A liquor licence that a person is taken to hold under subregulation 2.73 (1) 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; or

• (c)

  when it would expire if it were held under the Liquor Act.

Transitional—dealing with liquor licence

 “2.75. A liquor licence that a person is taken to hold under subregulation 2.73 (1) may be treated as if it were held under the Liquor Act.

Transitional—dealing with person taken to hold liquor licence

 “2.76. A person who is taken to hold a liquor licence under subregulation 2.73 (1) may be treated as if the liquor licence were held under the Liquor Act.

Transitional—person taken to hold liquor licence to give copies of plans

 “2.77. (1) Within 6 months after the commencement of an airport lease for Hobart Airport or Launceston Airport, a person who is taken under subregulation 2.73 (1) to hold a liquor licence for premises at the airport must give the Commissioner a copy of a plan of the premises, showing the boundaries of the premises.

 “(2) If the person does not comply with subregulation (1), the Commissioner may suspend the liquor licence until the person does so.

“Division 2.8—Canberra Airport

Definitions for Division

 “2.81. In this Division:

Liquor Act means the Liquor Act 1975 of the Australian Capital Territory.

liquor authorisation, for premises at Canberra Airport, 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.

Application of Liquor Act

 “2.82. (1) The Liquor Act, in its application to premises at Canberra Airport, is modified as set out in Division 7.1 of Part 7 of Schedule 1.

 “(2) That Act, in its application to premises within the terminal area at Canberra Airport, is further modified as set out in Division 7.2 of that Part.

Transitional—existing authorities to sell liquor

 “2.83. (1) On the commencement of an airport lease for Canberra Airport, a person who, immediately before the commencement of the lease, held a liquor authorisation for premises at the airport is taken, to be granted a special liquor licence under section 29A of the Liquor Act.

 “(2) The liquor licence is taken to be subject to the same conditions (if any) as the liquor authorisation.

 “(3) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the Liquor Act.

Transitional—when liquor licence ceases

 “2.84. A liquor licence that a person is taken to hold under subregulation 2.83 (1) 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; or

• (c)

  when it would expire under the Liquor Act.

Transitional—dealing with liquor licence

 “2.85. A liquor licence that a person is taken to hold under subregulation 2.83 (1) may be treated as if it had been granted under the Liquor Act.

Transitional—dealing with person taken to hold liquor licence

 “2.86. A person who is taken to hold a liquor licence under subregulation 2.83 (1) may be treated as if the liquor licence were held under the Liquor Licensing Act.

Transitional—person taken to hold liquor licence to give copies of plans

 “2.87. (1) Within 6 months after the grant of an airport lease for Canberra Airport, a person who is taken to hold a liquor licence for premises at the airport under subregulation 2.83 (1) must give the Registrar (within the meaning given by section 4 of the Liquor Act) a copy of a plan of the premises, showing their boundaries.

 “(2) If the person does not comply with subregulation (1), the Board (within the meaning given by that section) may suspend the liquor licence until the person does so.

“Division 2.9—Darwin Airport and Alice Springs Airport

Definitions for Division

 “2.91. In this Division:

Commission means the Liquor Commission established by the Liquor Act.

Liquor Act means the Liquor Act 1978 of the Northern Territory.

liquor authorisation, for premises at Darwin Airport or Alice Springs Airport, 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.

Application of Liquor Act

 “2.92. (1) The Liquor Act, in its application to premises at Darwin Airport or Alice Springs Airport, is modified as set out in Division 8.1 of Part 8 of Schedule 1.

 “(2) That Act, in its application to premises within the terminal area at either of those airports, is further modified as set out in Division 8.2 of that Part.

Transitional—existing authorities to sell liquor

 “2.93. (1) On the commencement of an airport lease for Darwin Airport or Alice Springs Airport, a person who, immediately before the commencement of the lease, held a liquor authorisation for premises at the airport is taken to be granted a liquor licence under section 24 of the Liquor Act.

 “(2) The liquor licence is taken to be subject to the same conditions (if any) as the liquor authorisation.

 “(3) The premises on which the liquor authorisation authorised the sale or supply of liquor are taken to be licensed premises for the Liquor Act.

When liquor licence etc ceases

 “2.94. A liquor licence that a person is taken to hold under subregulation 2.93 (1) 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; or

• (c)

  when it would expire under the Liquor Act.

Transitional—dealing with liquor licence

 “2.95. A liquor licence that a person is taken to hold under subregulation 2.93 (1) may be treated as if it had been granted under the Liquor Act.

Transitional—dealing with person taken to hold liquor licence

 “2.96. A person who is taken to hold a liquor licence under subregulation 2.93 (1) may be treated as if the liquor licence were held under the Liquor Act.

Transitional—person taken to hold liquor licence to give copies of plans

 “2.97. (1) Within 6 months after the commencement of an airport lease for Darwin Airport or Alice Springs Airport, a person who is taken to hold a liquor licence for premises at the airport under subregulation 2.93 (1) must give the Commission a copy of a plan of the premises, showing the boundaries of the premises.

 “(2) If the person does not comply with subregulation (1), the Commission may suspend the liquor licence until the person does so.”.

24.   Regulation 3.01 (Definitions for Part)

24.1   Definition of existing authorisation:

Omit the definition.

24.2   Insert the following definition:

“trading authorisation, for an airport, means an authority (however described, and however granted, and including an authority given as part of the conditions of a lease, sublease, licence or sublicence) given by the FAC or the Commonwealth, before the commencement of an airport lease for the airport, that authorises a person to carry on consumer trading at the airport.”.

25.   Regulation 3.02 (Transitional—existing authorisations to carry on consumer trading)

25.1   Omit the regulation, substitute:

Transitional—authorisations to carry on consumer trading

 “3.02. (1) If, under the law of a State or Territory, a licence or permission is required to carry on consumer trading of a particular kind, a person who held a trading authorisation to carry on consumer trading of that kind at a regulated airport in the State or Territory is taken to be granted, on the commencement of an airport lease for the airport, the necessary licence or permission.

 “(2) The licence or permission is taken to be subject to the same conditions (if any) as the trading authority.

 “(3) The licence or permission may be treated as if it had been granted under that law.

 “(4) However, the licence or permission:

• (a)

  is not transferable; and

• (b)

  ceases:

  • (i)

    if the person who is taken to hold it ceases to hold the trading authorisation; or

  • (ii)

    when it would expire under the relevant State or Territory law.”.

26.   Regulation 3.30 (Consumer trading—Melbourne Airport)

26.1   Omit “a regulated airport in Victoria,”, substitute “Melbourne Airport,”.

26.2   Subsection 4 (2) taken to be inserted in the Shop Trading Reform Act 1996 of Victoria:

Omit “a regulated airport (within the meaning of the Airports (Control of On-Airport Activities) Regulations of the Commonwealth)”, substitute “Melbourne Airport (as determined under the Airports Act 1996 of the Commonwealth)”.

27.   Regulation 3.40 (Consumer trading—airports in Queensland)

27.1   Omit “a regulated airport in Queensland.”, substitute “Brisbane Airport, Archerfield Airport, Coolangatta Airport or Townsville Airport.”.

28.   New regulation 3.50

28.1   After regulation 3.40, insert:

Consumer trading—airports in South Australia

 “3.50. (1) The Shop Trading Hours Act 1977 of South Australia does not apply to consumer trading on premises in the terminal area of Adelaide Airport or Parafield Airport.

 “(2) That Act also does not apply to consumer trading on premises at either of those airports outside the terminal area, if the trading on those premises was authorised, immediately before the commencement of the airport lease for the airport, by a trading authorisation.”.

29.   Regulation 3.60 (Consumer trading—Perth Airport)

29.1   Omit “a regulated airport in Western Australia.”, substitute “Perth Airport.”.

30.   Regulation 4.01 (Definitions for Part)

30.1   Insert the following definitions:

“airsideof an airport has the same meaning as in the Vehicle Control Handbook for the airport.

emergency vehicle means:

• (a)

  a police vehicle; or

• (b)

  an ambulance vehicle; or

• (c)

  a fire service vehicle; or

• (d)

  an Australian Protective Service vehicle.

landside of an airport means the part of the airport that is not the airside of the airport.

Vehicle Control Handbook, means:

• (a)

  for Melbourne, Brisbane and Perth Airports—the Airside Vehicle Control Handbook published for the airport by the FAC, as in force on 14 May 1997; and

• (b)

  for Adelaide, Alice Springs, Archerfield, Canberra, Coolangatta, Darwin, Hobart, Jandakot, Launceston, Moorabbin, Mount Isa, Parafield, Tennant Creek and Townsville Airports—the Airside Vehicle Control Handbook published for the airport by the FAC, as in force on 19 May 1998.”.

30.2   Definition of regulated airport:

Omit the definition.

31.   Regulation 4.02 (Authorised persons)

31.1   Omit the regulation.

32.   Division 4.2 (Vehicle parking)

32.1   Omit the Division, substitute:

“Division 4.2—Vehicle parking at Brisbane, Melbourne and Perth Airports

Definitions for Division

 “4.03. (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.

Phase 1 regulated airport means Melbourne Airport, Brisbane Airport or Perth Airport.

 “(2) For this Division, a vehicle is parked 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 on the area, parking or stopping is not permitted in the area; or

• (b)

  in a way that, according to such a sign or notice, contravenes a condition of parking or stopping in the area; or

• (c)

  for a purpose for which, according to such a sign or notice, parking or stopping in the area is not permitted.

No-parking areas

 “4.04. (1) The airport-operator company for a Phase 1 regulated airport may decide that an area at the airport is to be a no‑parking area.

 “(2) The airport-operator company for a Phase 1 regulated airport may decide that an area at the airport is to be a limited no‑parking area.

 “(3) To avoid doubt, the area may be on either the landside or the airside of the airport.

 “(4) 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).

 “(5) 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

 “4.05. (1) The airport-operator company for a Phase 1 regulated airport may decide that an area at the airport is to be a no‑standing area.

 “(2) The airport-operator company for a Phase 1 regulated airport may decide that an area at the airport is to be a limited no‑standing area.

 “(3) To avoid doubt, the area may be on either the landside or the airside of the airport.

 “(4) 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).

 “(5) 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

 “4.06. (1) A person must not park a vehicle in a designated no-parking area unless:

• (a)

  the person is the driver of an emergency vehicle and is attending an emergency; or

• (b)

  the person is directed to park the vehicle in the area by an authorised person.

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 4.03 (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

 “4.07. (1) A person must not stop a vehicle in a designated no-standing area unless:

• (a)

  the person is the driver of an emergency vehicle and is attending an emergency; or

• (b)

  the person is directed to stop the vehicle in the area by an authorised person.

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 4.03 (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

 “4.08. (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 person may move vehicle on landside of airport

 “4.09. (1) This regulation applies to a vehicle that is parked in a designated no-parking area on the landside of a Phase 1 regulated airport, or is stopped in a designated no‑standing area on the landside of a Phase 1 regulated airport, if:

• (a)

  its driver cannot be found within a reasonable time after such inquiries as are reasonable in the circumstances; or

• (b)

  its driver refuses to comply with a direction under subregulation 4.08 (1).

 “(2) This regulation also applies to a vehicle that is parked in a designated limited no-parking area on the landside of a Phase 1 regulated airport, or is stopped in a designated limited no-stopping area on the landside of a Phase 1 regulated airport, in contravention of the posted conditions of parking or stopping in the area, if:

• (a)

  its driver cannot be found within a reasonable time after such inquiries as are reasonable in the circumstances; or

• (b)

  its driver refuses to comply with a direction under subregulation 4.08 (1).

 “(3) If an authorised person considers that a vehicle to which this regulation applies is causing interference with the normal flow of traffic, or with the operation of the airport, the authorised person (with whatever assistance is reasonably necessary) may move the vehicle to a place within the airport approved for the purpose by the airport-operator company.

 “(4) If the driver of a vehicle to which this regulation applies cannot be found, and an authorised person moves the vehicle under subregulation (3), the authorised person must do whatever is reasonable to find the driver or owner of the vehicle and tell the driver or owner that the vehicle has been moved, and where it can be recovered.

 “(5) If the driver or owner of the vehicle is not found, or, if found, has not recovered the vehicle, within 7 days after the day on which the vehicle was moved, the authorised person must send a written notice to the person registered as the owner of the vehicle, telling the owner that the vehicle has been moved and where it may be recovered.

 “(6) If an authorised person moves a vehicle under this regulation, neither the authorised person, nor any person who assists him or her to do so, nor the airport-operator company, is liable for any loss of, or damage to, the vehicle that occurs:

• (a)

  while it is being moved; or

• (b)

  after it is moved and before it is recovered by its owner or driver.

Owner of vehicle must pay costs of storage, etc

 “4.10. (1) If a vehicle is moved under regulation 4.09, the owner of the vehicle must pay the airport-operator company the amount reasonably spent by the company in moving and storing the vehicle.

 “(2) An amount payable to an airport-operator company is a debt due to the company recoverable in a court of competent jurisdiction.

 “(3) An airport-operator company is not required to return a vehicle to a person claiming it unless the person pays the amount due to the company under this regulation.

Authorised persons

 “4.11. (1) 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 to prosecute offences related to the parking of vehicles.

 “(2) The Secretary must not appoint a person mentioned in paragraph (1) (c) as an authorised person for the purposes of regulation 4.09.”.

33.   Regulation 4.41 (Definitions for Division)

33.1   Definition of airside:

Omit the definition.

33.2   Insert the following definition:

“regulated airport means an airport to which Part 11 of the Act applies.”.

33.3   Definition of Vehicle Control Handbook:

Omit the definition.

34.   New regulations 4.44A and 4.44B

34.1   After regulation 4.44, insert:

Driver of vehicle must show authority etc

 “4.44A. (1) In this regulation:

ASIC means a card or similar form of identification:

• (a)

  that was issued to a person for security identification purposes under the Air Navigation Regulations; or

• (b)

  that:

  • (i)

    was issued to the person by an airport operator (including the Federal Airports Corporation), an aircraft operator or the Secretary to allow the person unescorted access to a security restricted area, or part of a security restricted area, of an airport; and

  • (ii)

    if there are provisions of the Air Navigation Regulations about ASICs—is valid as an ASIC for those provisions.

 “(2) An authorised person may ask the driver of a vehicle to show the authorised person:

• (a)

  the driver’s ADA; or

• (b)

  the AUA for the vehicle; or

• (c)

  the driver’s ASIC.

 “(3) The driver must comply with the request.

Penalty: 1 penalty unit.

 “(4) A contravention of subregulation (3) is an infringement notice offence.

Vehicles to be kept clear of aircraft

 “4.44B. (1) A person must not drive, stop or park a vehicle within 3 metres of an aircraft unless:

• (a)

  the vehicle:

  • (i)

    is of a kind normally used for servicing, refuelling, loading, unloading, towing or pushing the aircraft; and

  • (ii)

    is being used to do so; or

• (b)

  the vehicle is an emergency vehicle and is being used in connection with an emergency on the aircraft or in the vicinity of the aircraft.

Penalty: 3 penalty units.

 “(2) A contravention of subregulation (1) is an infringement notice offence.”.

35.   Regulation 5.01 (Definitions for Part)

35.1   Definition of regulated airport:

Omit the definition, substitute:

“regulated airport means an airport to which Part 11 of the Act applies, except Mount Isa Airport or Tennant Creek Airport.”.

36.   Regulation 5.02 (Prohibition of gambling)

36.1   After subregulation 5.02 (2), insert:

 “(3) Subregulation (2) 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.

 “(4) In particular, subregulation (2) does not authorise Fun Trading Pty Ltd to operate any more gaming machines, or machines of a different type, than the type and number authorised to be operated by it immediately before the commencement of the airport lease for Parafield Airport.

 “(5) An authority that is continued in effect by subregulation (2) ends when it would have ended if these Regulations had not been made.”.

37.   Regulation 6.01 (Definitions for Part)

37.1   Definition of regulated airport:

Omit the definition, substitute:

“regulated airport means an airport to which Part 11 of the Act applies, except Mount Isa Airport or Tennant Creek Airport.”.

38.   Regulation 7.03 (Service of infringement notices)

38.1   Subregulation 7.03 (4):

Omit “regulation 4.06 or 4.07”, substitute “regulation 4.06, 4.07 or 4.44B”.

39.   Regulation 7.06 (What must be included in an infringement notice)

39.1   Paragraph 7.06 (1) (a):

Omit the paragraph.

39.2   After subregulation 7.06 (1), insert:

 “(1A) A copy of an infringement notice that is served on the person to whom the notice is issued must show the distinguishing number allotted to the authorised person who issued the notice.

 “(1B) Each other copy of the infringement notice must also set out the authorised person’s name.”.

40.   Schedule 1 (Modifications of State liquor legislation)

40.1 Part 3 (Liquor Act 1992 of Queensland):

After the heading, insert:

“Division 3.1—Modifications applicable to licensed premises at Brisbane Airport”.

40.2   Add at the end:

“Division 3.2—Modifications applicable to licensed premises in the terminal areas of Coolangatta Airport and Townsville Airport

“12.   Section 4 (Definitions)

“12.1   Insert:

‘airport-operator company for an airport has the meaning given by the Airports Act 1996 of the Commonwealth.’.

“13.   Section 105 (Requirements for application)

“13.1   After paragraph 105 (c), insert:

• ‘(ca)

  be accompanied by evidence that the airport-operator company for the airport on which the proposed licensed premises are situated consents to the application; and’.

“14.   Section 110 (Application for grant of extended hours permit not on regular basis)

“14.1   Paragraph 110 (4) (a):

“Omit the subsection, substitute:

• ‘(a)

  any matter raised by the airport-operator company for the airport on which the licensed premises are situated; and’.

“15.   Section 116 (Public need relevant to applications)

“15.1   Subsection 116 (4):

“After paragraph 116 (4) (c), insert:

• ‘(ca)

  any matter raised by the airport-operator company for the airport on which the licensed premises are situated; and’.

“16.   Section 117 (Advice about application etc)

“16.1   Paragraph 117 (1) (a):

“Omit the paragraph, substitute:

• ‘(a)

  the airport-operator company for the airport on which the licensed premises are situated; and’.

“16.2   Subsection 117 (2):

“Omit ‘local government’, substitute ‘airport-operator company’.

“17.   Section 118 (Advertisement of applications)

“17.1   Omit the section.

“18.   Section 119 (Objection to grant of applications)

“18.1   Add at the end:

 ‘(5) However, in this section, member of the public does not include a local government.’.

“19.   Section 121 (Conference of concerned persons and decision by chief executive)

“19.1   Paragraph 121 (5) (e):

“Omit the paragraph, substitute:

• ‘(e)

  comments from the airport-operator company for the airport on which the licensed premises are situated; and’.

“20.   Section 121A (Renewal of permits for extension of hours beyond 3 am)

“20.1   Paragraph 121 (1) (a):

“Omit the paragraph, substitute:

• ‘(a)

  the airport-operator company for the airport on which the licensed premises are situated; and’.

“20.2   Subsection 121A (2):

“Omit ‘local government’, substitute ‘airport-operator company’.”.

40.3   After Part 3, insert:

“part 4—liquor LICENSING act 1997 of South australia

“Division 4.1—Modifications applicable to licensed premises in the terminal area of an airport

“1.   Section 44 (Extended trading authorisation)

“1.1   Subsection 44 (4):

“Omit the subsection.

“2.   Section 52 (Certain applications to be advertised)

“2.1   Subparagraph 52 (2) (a) (i):

“Omit the subparagraph, substitute:

• ‘(i)

  the airport-operator company (within the meaning of the Airports Act 1996 of the Commonwealth) for the airport on which the licensed premises are, or are to be, situated; and’.

“2.2   Paragraph 52  (2) (b):

“Omit the paragraph.

“3.   Part 4 (Applications, interventions and objections)

“3.1   Divisions 7 (Alteration and redefinition of licensed premises), 8 (Extension of trading area) and 9 (Variation of non-statutory conditions of licence):

“Omit the Divisions.

“4.   Section 76 (Rights of intervention)

“4.1   Subsection 76 (2):

“Omit ‘A council in whose area’, substitute ‘The airport-operator company (within the meaning given by the Airports Act 1996 of the Commonwealth) for the airport on which’.

“5.   Section 77 (General right of objection)

“5.1   Omit the section.

“Division 4.2—Modifications applicable to other licensed premises at an airport

“6.   Section 68 (Alteration and redefinition of licensed premises)

“6.1   Omit the section.”.

40.4   After Part 5, insert:

“part 6—liquor and Accommodation act 1990 of tasmania

“1.   Section 17 (Liquor guidelines)

“1.1   Add at the end:

 ‘(8) However, nothing in liquor guidelines requires an applicant for a liquor licence to advertise the application.’.

“2.   Section 23 (Application for liquor licence)

“2.1   Subsection 23 (2):

“Omit the subsection, substitute:

 ‘(2) The Commissioner may require an applicant for a liquor licence to give the Commissioner a plan of the proposed licensed premises that sufficiently identifies the premises.’.

“3.   Section 39 (Liquor restriction orders)

“3.1   Omit the section.

“4.   Section 47 (Licensee not to alter premises without approval)

“4.1   Omit the section.

“5.   Section 137 (Licensee not to alter premises without approval)

“5.1   Omit the section.

“part 7—liquor act 1975 of the australian capital territory

“Division 7.1—Modifications that apply to all licensed premises at Canberra Airport

“1.   Section 18 (Licensing Standards Manual)

“1.1   Omit the section.

“2.   Section 24 (Saving of operation of Building Act)

“2.1   Omit the section.

“3.   Section 56 (Application for alteration)

“3.1   Paragraph 56 (2) (b):

“Omit the paragraph, substitute:

• ‘(b)

  accompanied by:

  • “(i)

    a copy of the plans and specifications for the alteration of the premises; and

  • (ii)

    evidence that the airport operator company for the airport on which the premises are located has consented to the alteration; and’.

“Division 7.2—Modifications that apply only to licensed premises in the terminal area of Canberra Airport

“4.   Section 44 (Manner of making complaint)

“4.1   Subsection 44 (1):

“Omit ‘A person’, substitute ‘A police officer, or the airport-operator company for an airport on which licensed premises are located,’.

“4.2   Insert after subsection 44 (1):

 ‘(1A) In subsection (1):

airport-operator company for an airport has the same meaning as in the Airports Act 1996 of the Commonwealth.’.

“5.   Section 66E (Interpretation)

“5.1   Definition of non-trading day:

“Omit the definition.

“6.   Section 67 (General Licence—minimum bar trading hours)

“6.1   Subsection 67 (2):

“Omit ‘, on each day that is not a non-trading day for that licensee,’.

“6.2   Subsection 67 (3):

“Omit ‘, on each day that is not a non-trading day for that licensee,’.

“7.   Section 68 (On Licence—minimum bar trading hours)

“7.1   Subsection 68 (2):

“Omit ‘, on each day that is not a non-trading day for that licensee,’.

“7.2   Subsection 68 (3):

“Omit ‘, on each day that is not a non-trading day for that licensee,’.

“part 8—liquor act 1978 of the northern territory

“Division 8.1—Modifications that apply to all licensed premises at an airport

“1.   Section 4 (Interpretation)

“1.1   Insert:

‘airport-operator company for an airport has the same meaning as in the Airports Act 1996 of the Commonwealth.’.

“2.   Section 119 (Approval of alteration of premises)

“2.1   Subsection 119 (1):

“Omit ‘the Commission,’, substitute ‘the Commission and the consent of the airport-operator company for the airport,’.

“2.2   Paragraph 119 (2) (c):

“Omit the paragraph, substitute:

• ‘(c)

  accompanied by evidence that the airport-operator company for the airport consents to the proposed alteration.’.

“3.   Section 120 (Unauthorized alterations)

“3.1   Omit the section.

“Division 8.2—Modifications that apply only to licensed premises in the terminal area of an airport

“4.   Section 31 (Conditions of licence)

“4.1   Paragraph 31 (2) (c):

“Omit the paragraph.

“5.   Section 48 (Objections and complaints)

“5.1   Subsection 48 (1):

“Omit ‘A person’, substitute ‘A police officer, or the airport-operator company for the airport’.

“5.2   Subsection 48 (2):

“Omit ‘A person’, substitute ‘A police officer, or the airport-operator company for the airport’.

“6.   Section 65 (Commission’s power to give directions)

“6.1   Subparagraph 65 (b) (ii):

“Omit the paragraph, substitute:

• ‘(ii)

  the airport-operator company for the airport; or’.

“7.   Part VIII (Restricted areas)

“7.1   Omit the Part.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 May 1998.

2. Statutory Rules 1997 No. 57 as amended by 1997 Nos. 105 and 178.