Airports (Control of On-Airport Activities) Amendment Regulations 1999 (No. 2)

Overview

The Airports (Control of On-Airport Activities) Amendment Regulations 1999 (No. 2) were enacted to provide further amendments to the Airports (Control of On-Airport Activities) Regulations, addressing the need to integrate Queensland liquor laws with the operation of Brisbane Airport. This legislative change was introduced to ensure that the unique operational requirements of Brisbane Airport are recognised while maintaining existing liquor trading activities. The regulations were made under the authority of the Minister for Transport and Regional Services and are intended to align the control of on-airport activities at leased Commonwealth airports with state regulations, particularly in the context of liquor supply and consumption. These amendments were necessary to accommodate the special facilities licence negotiated between Queensland liquor officials and the operator of Brisbane Airport, ensuring that the airport's commercial rights and activities are preserved under Queensland law. The policy objective is to provide a seamless regulatory environment that supports the efficient operation of leased federal airports while respecting state legislative frameworks.

Scope and Application

The Airports (Control of On-Airport Activities) Amendment Regulations 1999 (No. 2) apply to Commonwealth-owned airports following their leasing, specifically addressing the control of liquor, gambling, commercial trading, smoking and vehicle movements at these leased federal airports. These amended regulations primarily focus on the regulation of liquor supply and consumption at Brisbane Airport to align with Queensland law, acknowledging the unique operating requirements of the airport and ensuring continuity for existing commercial rights of liquor sub-lessees. These regulations extend to the airports sold as part of the Phase 1 and 2 sales, including Melbourne, Brisbane, Perth, Adelaide, Parafield, Moorabbin, Hobart, Launceston, Canberra, Coolangatta, Archerfield, Townsville, Mount Isa, Darwin, Alice Springs, Tennant Creek and Jandakot airports, as well as the Sydney basin airports and Essendon Airport. The regulations are made under the Airports Act 1996 and require consultation with existing airport operators, as mandated by section 178 of the Act. The Minister must notify the airport operator companies of any proposed regulations at least 30 days before they are made, inviting submissions within this period. The amended Regulations, which came into effect upon gazettal, include changes to accommodate the application of Queensland law for liquor supply and consumption at Brisbane Airport, while maintaining existing trading activities and recognising the airport's unique operating requirements.

Key Provisions

The Airports (Control of On-Airport Activities) Amendment Regulations 1999 (No. 2) make significant adjustments to the regulatory framework governing on-airport activities at certain Commonwealth-owned airports following their leasing, particularly focusing on Brisbane Airport. Section 170 of the Airports Act 1996 (the Act) is primarily concerned with the regulation of liquor sales and supply, and the amendments reflect the new arrangements made between the Queensland government and the operator of Brisbane Airport. The Queensland government has negotiated a Special Facilities Licence with the airport operator, which recognises the unique operating requirements of Brisbane Airport while allowing Queensland laws to govern the supply and consumption of liquor there (Regulation 40(1)). This ensures that pre-existing liquor trading activities continue and that the airport's specific needs are met. The amendments also include a reference to the Liquor Act 1992 to avoid any ambiguity (Regulation 40(2)). Consequently, Commonwealth-based liquor authorisations will no longer apply at Brisbane Airport, and Queensland laws will prevail. The amended Regulations impose obligations on airport operators to comply with the new licensing arrangements and legal frameworks specified. Airport operators must ensure that their activities conform to the Queensland Liquor Act 1992 and any other relevant state laws, as well as any other regulatory requirements under the Airports Act 1996. This includes maintaining the continuity of existing commercial rights and trading activities for liquor sub-lessees, ensuring that these arrangements are legally sound and operationally feasible. The Regulations also require the Minister to consult with the airport operators before making any regulatory changes that affect them, as mandated by section 178 of the Act. For Brisbane Airport, the Minister has already consulted with the operator, who supported the change. Failure to comply with the provisions of these Regulations can result in significant penalties. While the explanatory statement does not explicitly state penalties, under the Airports Act 1996, breaches of the regulations can lead to fines, with the severity of the penalty depending on the nature and extent of the violation. In more serious cases, legal action may be taken against individuals or entities that do not adhere to the regulations, potentially leading to criminal charges if the breach involves more egregious violations. These penalties serve as a deterrent to ensure that airport operators and other relevant parties adhere to the legislative and regulatory requirements governing on-airport activities.