Airports Regulations (Amendment) (Cth)

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Statutory Rules 1997No. 367 1

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Airports Regulations2(Amendment)

I, The 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 8 December 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

MARK VAILE

Minister for Transport and Regional Development

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1.   Amendment

1.1   The Airports Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation

Act 1901, s 48.]

2.   Regulation 7.03 (Financial statements)

2.1   Paragraph 7.03 (2) (b):

Omit the paragraph, substitute:

  1. “(b)

    financial statements for its operations at the airport.”.

2.2   After subregulation 7.03 (2), insert:

 “(2A) A statement required by paragraph (2) (b) must show the financial details set out in subregulation (2A) of the company’s operations in providing aeronautical services at an airport separately from those financial details of the company’s operations in providing non-aeronautical services at the airport.

 “(2B) Those financial details are:

  1. (a)

    the profit and loss account (except for interest, tax charge and allocation of profit); and

  2. (b)

    the following balance sheet items:

    1. (i)

      all current asset items except cash; and

    2. (ii)

      all non-current asset items except for intangibles; and

    3. (iii)

      provision for items under current or non-current liabilities.”.

3.   New Part 8

3.1   After Part 7, insert Part 8 set out in Schedule 1.

4.   New Schedules 2 and 3

4.1   Add at the end Schedules 2 and 3 set out in Schedule 2.

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 schedule 1 Regulation 3

NEW PART 8

Part 8—quality of service monitoring

Performance indicators

 8.01. For section 153 of the Act, the performance indicators set out in Schedule 2 are specified for Melbourne (Tullamarine), Brisbane and Perth Airports.

Records that must be kept regarding quality of service matters

 8.02. (1) The airport-operator company for an airport must keep a record, for each financial year, for the airport, of each matter mentioned in Schedule 3.

[NOTE:  The record could be in electronic form: see Acts Interpretation Act 1901, s 25.]

 (2) An airport-operator company must retain such a record for 5 years after the end of the financial year to which the record relates.

[NOTE:  For penalty, see s 156 (5) of the Act.]

 (3) If a service or facility to which a matter mentioned in Schedule 3 relates is provided for an airport, under an agreement with the airport operator company for the airport, by a person other than the airport-operator company, a reference in subregulation (1) or (2) to the airport-operator company is taken to be a reference to the person that provides the service or facility.

Giving information to ACCC

 8.03. (1) A person who is obliged to keep a record for an airport under regulation 8.02 must give a copy of the record for a financial year to the ACCC within 1 month after the end of the financial year.

[NOTE:  The record could be in electronic form: see Acts Interpretation Act 1901, s 25.]

 (2) If an airport-operator company carries out a survey about a performance indicator, the company must give the ACCC a document setting out the results within 1 month after the end of the financial year in which the survey is carried out.

[NOTE:  The document could be in electronic form: see Acts Interpretation

Act 1901, s 25 (c).]

 (3) Information given to the ACCC under this regulation must be verified by statutory declaration by:

  1. (a)

    if the person obliged to give the information is an individual—the person, or a manager or executive officer employed by the person; or

  2. (b)

    if the person is a corporation—a director of the corporation.

[NOTE:  For penalty, see s 156 (5) of the Act.]

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 SCHEDULE 2 Regulation 3

new schedules 2 and 3

 SCHEDULE 2 Regulation 8.01

performance indicators

Item

Airport system or facility

Performance indicator

1

Runway, apron and taxiway system

The change over time in average aircraft movements per half hour during the 30 busiest half hours in a month, according to the formula:

 

(where S is the sum of the number of aircraft movements in each of the 30 busiest half hours in a month)

The change over time in average aircraft movements per half hour during the 60 busiest half hours in a month, according to the formula:

 

(where S is the sum of the number of aircraft movements in each of the 60 busiest half hours in a month)

The change over time in % of hours in the year in which aircraft movements exceed 95% of the capacity of the runway system

The change over time in % of aircraft delayed longer than 5 minutes

The change over time in average delay of aircraft in each of the 30 busiest half hours in a month, according to the formula:

 

(where D is the sum of the delays in each of the 30 busiest half hours in a month)

 

The change over time in average delay of aircraft in each of the 60 busiest half hours in a month, according to the formula:

 

(where D is the sum of the delays in each of the 60 busiest half hours in a month)

The change over time in runway system capacity of the airport, as worked out by Airservices Australia

The change over time in average of the difference between the standard taxi-ing time for the airport (as worked out by Airservices Australia) and actual taxi-ing times

The change over time in satisfaction with the system, according to a questionnaire to airlines and Airservices Australia about the adequacy of the facilities

2

Gates/aircraft parking

Any change over time in number of bays, or area of the designated bay area

The change over time in percentage of aircraft for which, on arrival, the designated bay area is not available

The change over time in satisfaction with the system, according to a questionnaire to airlines about the availability and adequacy of parking facilities and bays, and the designated bay area

3

Aerobridges

Any change over time in percentage of passengers using aerobridges for embarkation

Any change over time in percentage of passengers using aerobridges for disembarkation

Any change over time in number of aerobridges

The change over time in satisfaction with the system, according to a questionnaire to airlines about the availability and standard of the aerobridges

4

Ground service equipment

The change over time in satisfaction with the system, according to a questionnaire to airlines about the availability and standard of the facilities

5

Freight facilities

The change over time in satisfaction with the system, according to a questionnaire to airlines about the availability and standard of the services provided by the airport operator in relation to freight equipment storage sites and cargo facilities and sites

6

Check-in

The change over time in percentage of hours when more than 95% of the check-in desks are in use

Any change over time in number of check-in desks installed

Any change over time in square metres of space used for check-in desks

The change over time in satisfaction with the system, according to a questionnaire to airlines about the availability and standard of the check-in facilities

The change over time in customer satisfaction with the system, according to a questionnaire about waiting time at the check-in

7

Government inspection:

7.1

inbound (immigration)

The change over time in percentage of time when more than 95% of inbound immigration desks are in use

The change over time in percentage of passengers processed within 30 minutes of their arrival at the inbound immigration desk

The change over time in number of passengers processed

Any change over time in number of inbound immigration desks installed

Any change over time in square metres of space used for inbound immigration desks

The change over time in customer satisfaction with the system, according to a questionnaire about waiting time

7.2

baggage inspection

Any change over time in number of baggage inspection desks installed

Any change over time in square metres of space used for baggage inspection

The change over time in customer satisfaction with the system, according to a questionnaire about waiting time

7.3

outbound

The change over time in percentage of timewhen more than 95% of outbound immigration desks are in use

The change over time in number of passengers processed

Any change over time in number of outbound immigration desks installed

Any change over time in square metres of space used for outbound immigration desks

The change over time in customer satisfaction with the system, according to a questionnaire about waiting time

8

Security clearance

Any change over time in number of clearance systems

The change over time in customer satisfaction with the system, according to a questionnaire about the quality of the passenger search process

9

Gate lounges

Any change over time in number of seats installed in gate lounges

Any change over time in square metres of space used for gate lounges

The change over time in customer satisfaction with the system, according to a questionnaire about:

• the quality and availability of the seating; and

• crowding

10

Baggage

10.1

outbound baggage system

The change over time in percentage of bags that miss their flight because of the baggage handling system

The change over time in average throughput of the equipment (in bags per hour)

Any change over time in capacity of the equipment (in bags per hour)

The change over time in satisfaction with the system, according to a questionnaire to airlines about:

• the capacity and standard of the system; and

• lost baggage

10.2

inbound baggage system

The change over time in average delivery time for the first, and the last, bag on the carousel after an aircraft arrives

Any change over time in capacity of the baggage reclaim system (in bags per hour)

The change over time in satisfaction with the system, according to a questionnaire to airlines about the capacity and standard of the system

The change over time in customer satisfaction with the system, according to a questionnaire about waiting time, the baggage information display and the circulation space

11

Baggage trolleys

The change over time in customer satisfaction with the system, according to a questionnaire about the findability of trolleys

12

Flight information display and signs

The change over time in customer satisfaction with the flight information system and signs, according to a questionnaire about the adequacy of the displays and signs

13

Washrooms

The change over time in customer satisfaction with the washrooms, according to a questionnaire about the standard of the facilities

14

Car parking

Any change over time in average throughput of the car park per day

Any change over time in number of parking spaces available to the public

Any change over time in frequency of courtesy bus trips to the terminal

The change over time in customer satisfaction with the car parking, according to a questionnaire about the standard of facilities, availability of parking spaces, and the time taken to get in and out of the car park

15

Airport access

15.1

kerbside space for pick-up by taxis and drop‑off

The change over time in customer satisfaction with the kerbside space, according to a questionnaire about congestion and the standard of the facilities

15.2

facilities for taxis and buses

The change over time in customer satisfaction with the taxi and bus facilities, according to a questionnaire about waiting times and the standard of the facilities

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 Schedule 3 Regulation 8.02

matters about which airport-operator companies must keep records

1.   If at a particular time more than a percentage (agreed for an airport between the airport-operator company and the Australian Competition and Consumer Commission) of stands are in use—the date, the time of day, and the period for which that situation continues

2.   The percentage of aircraft for which aerobridges are used for embarkation and disembarkation

3.   If at a particular time more than a specified percentage (agreed for an airport between the airport-operator company and the Australian Competition and Consumer Commission) of aerobridges are in use—the date, the time of day, and the period for which that situation continues

4.   If parking is not available for an aircraft—the date, the time of day, and the period for which that situation continues

5.   If at a particular time more than a specified percentage (agreed for an airport between the airport-operator company and the Australian Competition and Consumer Commission) of check-in desks are in use—the date, the time of day, and the period for which that situation continues

6.   If an outbound bag is lost—the date of the loss

7.   For each arriving flight, the time taken for the first and last bag to be placed on the carousel

8.   If an inbound bag is lost—the date of the loss, and the time taken to find the bag.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 December 1997.

2. Statutory Rules 1997 No. 8 as amended by 1997 Nos. 103, 104, 113, 177, 199 and 269.

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