EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 129
Issued by the Authority of the Minister for Aviation
AIRPORTS (SURFACE TRAFFIC) REGULATIONS (AMENDMENT)
Section 22 of the Airports (Surface Traffic) Act 1960 (“the Act”) provides, inter alia, that the Governor-General may make regulations prescribing all matters which by the Act are required or permitted to be prescribed.
Sub-section 6(2) of the Act sets the maximum amount of the fee to be paid in respect of parking a vehicle or causing a vehicle to stand in a parking area or parking position at an airport at 20 cents, or such other amount as is prescribed, per hour. In 1976, a maximum hourly rate of 50 cents for the purposes of sub-section 6(2) of the Act was prescribed in the Airports (Surface Traffic) Regulations.
In the light of inflation since 1976, and to allow parking fees at airports to be brought into line with comparable changes in parking areas close to airports, it is necessary to increase the maximum hourly parking fee.
The regulation repeals regulation 3 of the Airports (Surface Traffic) Regulations and substitutes new regulation 3 to provide for a maximum hourly parking fee of two dollars for the purposes of sub-section 6(2) of the Act.
It is not proposed to impose the maximum hourly parking fee immediately. The higher limit will, however, allow reviews to be made at regular intervals and parking rates adjusted incrementally, in line with off airport price movements. Decisions to vary the hourly parking fee will be taken only after advice to the Minister for his consideration.
Overview
The Airports (Surface Traffic) Regulations (Amendment) Statutory Rules 1985 No. 129, issued under the authority of the Minister for Aviation, aim to address the need for updating the maximum hourly parking fees at Australian airports in response to inflation and changes in comparable parking areas. Enacted to complement the Airports (Surface Traffic) Act 1960, these regulations were established to ensure that parking fees at airports remain consistent with broader economic adjustments. The primary policy objective of these amendments is to establish a new maximum hourly parking fee of two dollars, replacing the previous rate of 50 cents, thereby reflecting current economic conditions while allowing for future incremental adjustments as necessary. This amendment was made to maintain fairness and alignment in parking fees within and around airport premises.
Scope and Application
The Airports (Surface Traffic) Regulations (Amendment) Statutory Rules 1985 No. 129, issued under the authority of the Minister for Aviation, amend the Airports (Surface Traffic) Regulations 1960 to adjust the maximum hourly parking fee at airports. The amendment applies to all persons and entities involved in parking vehicles at airports, thereby affecting the operations of airport operators and vehicle owners. This amendment extends to all airports within the Commonwealth of Australia and aligns with the jurisdictional scope of the Airports (Surface Traffic) Act 1960. The amendment aims to modernise parking fees in response to inflation and to bring them in line with off-airport parking areas. The new regulation replaces the existing maximum hourly parking fee of 50 cents with a new maximum of two dollars per hour, although the increased rate will not be immediately imposed. Instead, it will allow for periodic reviews and incremental adjustments of parking fees, subject to ministerial consideration. The amendment does not introduce any exclusions, exemptions, or specific thresholds beyond those already stipulated in the original Act.
Key Provisions
The primary operative sections of the Airports (Surface Traffic) Regulations (Amendment) Statutory Rules 1985 No. 129 pertain to the revision of parking fees at airports. Specifically, section 22 of the Airports (Surface Traffic) Act 1960 empowers the Governor-General to prescribe regulations concerning matters required or permitted by the Act. This includes setting the maximum fee for parking a vehicle or causing a vehicle to stand in a parking area or parking position at an airport. The amendment to sub-section 6(2) of the Act, through regulation 3, increases the maximum hourly parking fee from 50 cents to two dollars, reflecting changes in economic conditions and inflation since the original rate was set in 1976.
The regulations impose certain obligations on parties involved with airport parking. Firstly, they mandate that the new maximum hourly fee of two dollars be adhered to when setting rates for parking at airports. This change is designed to align airport parking fees with market rates observed in areas near airports, ensuring fairness and consistency in pricing. Furthermore, the regulations require that any decisions to vary the hourly parking fee be subject to ministerial advice, ensuring that changes are deliberate and informed by appropriate considerations.
In terms of compliance, the regulations provide a framework for potential enforcement and penalties for breaches. Although the text does not explicitly state the consequences of non-compliance, it is reasonable to infer that breaches of the prescribed parking fee limits could lead to legal action. Typically, in Australian legislation, non-compliance with statutory regulations may result in fines, legal proceedings, or other administrative actions as prescribed by the relevant authorities. The exact penalties would depend on the specific breach and the interpretation by the courts or regulatory bodies, but they could potentially include financial penalties, legal injunctions, or other corrective measures.
Given that the maximum hourly fee is not to be imposed immediately, the regulation allows for reviews and adjustments to be made at regular intervals, aligning with off-airport price movements. This approach ensures that the new fee structure can be incrementally implemented, reducing potential shocks to users and allowing for market adjustments over time. The requirement for ministerial advice before any fee adjustments are made further ensures that changes are well-considered and justifiable within the economic context.