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

Overview

The Airports (Control of On-Airport Activities) Regulations (Amendment) 1997 No. 178, issued under the authority of the Minister for Veterans Affairs for the Minister for Transport and Regional Development, amends the Airports (Control of On-Airport Activities) Regulations made under the Airports Act 1996. The amendments aim to address technical issues identified in the original regulations concerning liquor licensing, commercial trading, vehicle movements, gambling, and smoking on airports. This legislative action follows a review of the existing regulations to ensure they function as intended and comply with the overarching objectives of the Airports Act 1996. The policy objective of these amendments is to enhance the regulatory framework's effectiveness in managing activities on airports by correcting identified technical errors and providing clearer definitions and procedures for enforcement.

Scope and Application

The Airports (Control of On-Airport Activities) Regulations (Amendment) 1997 No. 178 applies to entities and persons who engage in activities within the jurisdictional reach of the Airports Act 1996, specifically focusing on the control of activities such as liquor sales, commercial trading, vehicle movements, gambling, and smoking on airports. The Regulations are applicable to all airports within the Commonwealth of Australia, thereby extending their reach to all states and territories. The amendments introduced by these Regulations seek to address technical corrections in the existing framework, particularly in relation to liquor licensing and the issuance of parking infringement notices. Notably, the amendments provide a definition for "infringement notice offence" and clarify the process for serving parking infringement notices by fixing them to vehicles in a conspicuous position. These changes follow a review of the original Regulations that identified the need for such adjustments to ensure the smooth operation and enforcement of the regulatory regime. The Regulations themselves, including these amendments, are designed to complement and give effect to the overarching provisions of the Airports Act 1996, ensuring comprehensive control over on-airport activities.

Key Provisions

The Airports (Control of On-Airport Activities) Regulations (Amendment) 1997 No. 178 introduces several amendments to the existing Airports (Control of On-Airport Activities) Regulations, which were established under the Airports Act 1996. These amendments aim to correct technical errors and provide additional clarity to specific regulatory provisions. In particular, Section 252 of the Airports Act 1996 empowers the Governor-General to issue regulations that are necessary or convenient for implementing the Act. The amendments address specific issues in Part 2 and Schedule 1 of the Regulations, which pertain to liquor licensing (items 4, 5, 6, and 8). Additionally, the amendments include a definition of "infringement notice offence" in Part 1 and allow for parking infringement notices to be affixed to a vehicle in a conspicuous position in Part 7. The obligations imposed by these amendments on the parties and entities governed by the Airports Act 1996 include ensuring compliance with the revised regulatory provisions. Specifically, entities involved in the sale, supply, disposal, or possession of liquor at airports must adhere to the updated regulations. Similarly, those responsible for managing vehicle movements and parking within airports must comply with the amended provisions concerning vehicle regulations, signs, and markings. The amendments also require that parking infringement notices are served in a manner that is easily visible to the vehicle owner or operator. These changes necessitate that all stakeholders review and update their practices to align with the amended regulatory framework. Violations of the amended regulations may result in various consequences, depending on the nature and severity of the breach. The Airports Act 1996 and the amended regulations provide for both civil and criminal penalties. For instance, infringements that constitute an "infringement notice offence" may result in the issuance of an infringement notice, with the maximum penalty typically outlined in the relevant legislation. More serious breaches could lead to criminal charges, with potential penalties including fines and, in some cases, imprisonment. The exact penalties depend on the specific provision breached and the jurisdiction in which the offence occurred. Compliance with these regulations is therefore crucial to avoid any legal repercussions.