Airports (Control of On-Airport Activities) Regulations (Amendment) 1997 No. 105
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 105
Issued by the Authority of the Minister for Transport and Regional Development
Airports Act 1996
Airports (Control of On-Airport Activities) Regulations (Amendment)
Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Section 170 of the Act provides that regulations may be made to prohibit or regulate the sale, supply, disposal or possession of liquor at a specified airport.
Section 172 of the Act provides that regulations may be made to:
(a) make provision for and in relation to prohibiting or regulating the parking or use of vehicles within a specified airport; and
(b) provide for signs and markings for those purposes.
The Airports (Control of On-Airport Activities) Regulations (the Regulations) provide the detail of those parts of the airports regulatory regime dealing with the control of liquor, commercial trading, vehicle movements, gambling and smoking on airports.
The amendments will make a number of minor technical corrections to Part 2 and Schedule 1 of the Regulations (Items 3, 9, 10, 11 and 12), which deal with liquor licensing, that have come to light since the regulations were made. Amendments are also made to Division 4.4, which is concerned with movement of vehicles on the airside of the airport. The main changes to this Division will:
* allow bodies other than the airport operator company the power to authorise persons and vehicles to operate on the airside (Items 4.1, 6, 7 and 8);
* provide for the application of the revised Airside Vehicle Control Handbooks at each of the airports (Item 4.2); and
* rewrite Regulation 4.42 (Item 5).
Details of the amendments to the Regulations appear in the Attachment.
The amendments to the Regulations commenced on 15 May 1997.
Overview
The Airports (Control of On-Airport Activities) Regulations (Amendment) 1997 No. 105 was introduced to amend the Airports (Control of On-Airport Activities) Regulations under the Airports Act 1996. The amendments were issued by the authority of the Minister for Transport and Regional Development and were designed to address minor technical errors in the original regulations, particularly those related to liquor licensing and vehicle movements on the airside of airports. These amendments aimed to correct and refine the regulatory framework to ensure that the control of activities on airport premises is effectively managed and enforced. The amendments reflect a commitment to maintaining a well-ordered and efficient airport environment, ensuring that activities such as liquor sales, commercial trading, vehicle movements, gambling, and smoking are properly regulated and overseen within the airports.
Scope and Application
The Airports (Control of On-Airport Activities) Regulations (Amendment) 1997 No. 105 amends the Airports (Control of On-Airport Activities) Regulations, which operate under the Airports Act 1996. The Regulations, and therefore the amendments, apply to activities within the specified airports governed by the Act, including the control over the sale, supply, disposal, or possession of liquor, and the regulation of vehicle movements within the airport premises. The Regulations extend to all airports in Australia that fall under the purview of the Commonwealth, thus having a national jurisdictional reach. The amendments are designed to correct technical errors in the original Regulations, particularly in the sections governing liquor licensing and vehicle movements on the airport's airside. The changes empower entities other than the airport operator companies to authorise vehicles and personnel to operate on the airside, incorporate the updated Airside Vehicle Control Handbooks, and revise certain regulations to enhance clarity and enforcement. These amendments commenced on 15 May 1997, ensuring that the regulatory framework remains effective and up-to-date in managing on-airport activities.
Key Provisions
The Airports (Control of On-Airport Activities) Regulations (Amendment) 1997 No. 105 introduces several amendments to the existing regulations concerning the control of activities on airport premises. These amendments are particularly focused on liquor licensing, vehicle movements on the airside of the airport, and minor technical corrections. Under Section 170 of the Airports Act 1996, these regulations address the prohibition or regulation of liquor sales, supply, disposal, or possession within specified airports. Section 172 of the Act allows for the regulation of vehicle parking and use, along with the provision of signs and markings to enforce these regulations. The amendments to Part 2 and Schedule 1 primarily correct technical errors that have been identified since the original regulations were enacted.
The amendments impose several obligations and requirements on the entities governed by the Airports Act. Firstly, they grant the authority to entities other than the airport operator company to authorise individuals and vehicles for operations on the airside, as detailed in Items 4.1, 6, 7, and 8 of the Regulations. This change aims to streamline the authorisation process and potentially enhance operational efficiency. Additionally, the revised Airside Vehicle Control Handbooks must now be applied at all airports, as stipulated in Item 4.2, ensuring consistent application of standards and procedures across different airports. Regulation 4.42 has also been rewritten, as noted in Item 5, to provide clarity and improve the regulatory framework.
Failure to comply with these regulations may result in various consequences. The Airports Act 1996 includes provisions for offences and penalties for breaches of the regulations. While the specific penalties are not detailed in the explanatory statement, breaches of regulations typically carry both civil and criminal penalties, depending on the severity of the offence. Civil penalties can include fines, while criminal penalties may result in imprisonment. The exact penalties would be determined based on the specific breach and the provisions of the Airports Act. The amendments underscore the importance of adhering to these regulations to maintain safety and order within airport premises.