EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 101
Issued by the authority of the Minister for Transport and Regional Services
Airports Act 1996
Airports (Control of On-Airport Activities) Amendment Regulations 2005 (No. 1)
Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted under the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations add Launceston Airport to the list of airports to which the regulations relating to Landside Vehicle Parking apply, update a definition, and correct referencing/typographical errors in the Airports (Control of On-Airport Activities) Regulations 1997 (the Principal Regulations).
The Regulations amend regulation 106A of the Principal Regulations to include Launceston Airport in the list of airports to which Division 2 of Part 4 of the Principal Regulations applies (that Division regulates landside vehicle parking arrangements at prescribed Airports). This amendment provides Launceston Airport with parking enforcement powers under the Principal Regulations.
The Regulations also amend the definition of ‘Australian Road Rules’ to ensure that the definition refers to the current version of the Australian Road Rules.
The Regulations also correct drafting errors in regulation 32, subregulations 33(1), 36(1), 52(2) and paragraph 52(2)(b) of the Principal Regulations.
Airport-operator companies were consulted on the proposed Regulations. No comments were received.
Section 178 of the Act specifies that the Minister must have due regard to submissions received from airport-operator companies before the power to make the proposed Regulations for the purposes of Part 11 of the Act may be exercised. Part 11 of the Act relates to the control of on-airport activities. As no submissions were received, this condition is not applicable. No other conditions are specified in the Act.
The Regulations will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Overview
The Airports (Control of On-Airport Activities) Amendment Regulations 2005 (No. 1) were enacted to update and correct the Airports (Control of On-Airport Activities) Regulations 1997 under the Airports Act 1996. These amendments aim to ensure the regulations remain effective and aligned with current standards, particularly by incorporating Launceston Airport into the scope of the regulations governing landside vehicle parking and correcting various drafting and referencing errors. The regulations were issued by the Minister for Transport and Regional Services and are intended to provide necessary administrative adjustments to enhance the enforcement of parking arrangements at Launceston Airport and maintain the integrity of the regulatory framework as specified by the Airports Act. These amendments reflect the policy objective of ensuring that airport activities are managed in a coordinated and legally compliant manner across all designated airports in Australia.
Scope and Application
The Airports (Control of On-Airport Activities) Amendment Regulations 2005 (No. 1) applies to Launceston Airport, broadening the scope of the Airports (Control of On-Airport Activities) Regulations 1997, which are themselves instruments of the Airports Act 1996. These regulations extend to the control of on-airport activities, including the enforcement of landside vehicle parking arrangements, which were previously applicable to other specified airports. Launceston Airport is now included in the list of airports governed by these regulations, thereby granting it the same parking enforcement powers. The amendment also updates the definition of 'Australian Road Rules' to reflect the most current version and corrects several drafting errors in the Principal Regulations. These regulations apply nationally and are designed to ensure consistent enforcement and management of on-airport activities across all specified airports. There are no exclusions or exemptions outlined in the text, and the regulations will become effective on the day they are registered on the Federal Register of Legislative Instruments.
Key Provisions
The Airports (Control of On-Airport Activities) Amendment Regulations 2005 (No. 1) introduce several key changes to the Airports (Control of On-Airport Activities) Regulations 1997. Primarily, regulation 106A is amended to include Launceston Airport within the scope of Division 2 of Part 4 of the Principal Regulations, which governs landside vehicle parking arrangements at specified airports (paragraph 1). This means Launceston Airport now has the authority to enforce parking regulations as outlined in the Principal Regulations, enhancing its control over on-airport activities in relation to vehicle parking (paragraph 2). Additionally, the definition of 'Australian Road Rules' is updated to ensure it aligns with the most current version of these rules (paragraph 3).
These Regulations impose specific obligations on Launceston Airport, now subject to the provisions concerning landside vehicle parking. Airport operators must ensure compliance with the updated regulations, including the enforcement of parking arrangements as specified. The update to the definition of 'Australian Road Rules' ensures that any reference within the Regulations to these rules is accurate and reflects the latest legal standards (paragraph 4). Furthermore, the correction of drafting errors in various regulations ensures that the legal framework remains consistent and unambiguous, facilitating better governance and enforcement of on-airport activities (paragraph 5).
Breaches of the Regulations can lead to various consequences depending on the nature of the violation. While specific offences and penalties are not detailed in the explanatory statement, it is reasonable to infer that violations of the amended parking regulations could result in fines or other enforcement actions as stipulated under the Principal Regulations. These penalties could vary but are typically within the scope of administrative fines as set out in the overarching Airports Act 1996 (paragraph 6). The precise penalties would be determined by the relevant authorities in accordance with the Act and any applicable state or territory laws (paragraph 7).