Commonwealth Places (Application of Laws) Amendment Regulations 2001 (No. 1) 2001 No. 25
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 25
Issued by the Authority of the Minister for Transport and Regional Services on behalf of the Attorney-General
Commonwealth Places (Application of Laws) Act 1970
Commonwealth Places (Application of Laws) Amendment Regulations 2001 (No. 1)
Section 22 of the Commonwealth Places (Application of Laws) Act 1970 ("the Act") provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters that by the Act are required or permitted to be described or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 4(6) of the Act provides for the Governor-General to make regulations to disapply specified provisions of the State laws which could ordinarily apply by virtue of subsection 4(1) of the Act in relation to Commonwealth places.
Subsection 33(3A) of the Acts Interpretation Act 1901 provides that a power to make regulations with respect to particular matters shall be construed as including a power to make regulations with respect to a particular class or particular classes of those matters.
The purpose of the Amendment Relations is to disapply the Liquor Act 1982 of New South Wales ("the State Act") to a place that is:
• subject to a lease that authorises the sale of liquor; and
• acquired by the Commonwealth for the construction of a civil airport; and
• not subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996.
In addition, the Regulations preserve, until 31 March 2002, a liquor authorisation granted by the Federal Airports Corporation to a winery located at the Badgery's Creek airport development site. The NSW government has indicated that it is not prepared to recognise those entitlements under the State Act as applied law.
The Regulations enable the Winery to continue operation until 31 March 2002, without breaching the provisions of the New South Wales law.
The Regulations, which amend Regulation 3 of the previous Regulations, commence on gazettal.
Overview
The Commonwealth Places (Application of Laws) Amendment Regulations 2001 (No. 1) were enacted to address a specific issue regarding the application of state laws to Commonwealth places under the Commonwealth Places (Application of Laws) Act 1970. This piece of legislation was introduced by the Commonwealth Parliament and issued by the authority of the Minister for Transport and Regional Services on behalf of the Attorney-General. The primary policy objective of these amendments is to disapply certain provisions of the Liquor Act 1982 of New South Wales to a designated Commonwealth place that meets specific criteria, namely a leased location where liquor can be sold, acquired by the Commonwealth for a civil airport construction, and not subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996. Additionally, the regulations temporarily preserve a liquor authorisation for a winery at the Badgery's Creek airport development site, ensuring its continued operation until 31 March 2002 without infringing on New South Wales liquor laws.
Scope and Application
The Commonwealth Places (Application of Laws) Amendment Regulations 2001 (No. 1) amends the existing regulations under the Commonwealth Places (Application of Laws) Act 1970. This legislation applies to specific places that are subject to Commonwealth control, particularly those acquired for civil airport construction where the sale of liquor is authorised under lease. The regulations primarily target a place that is leased for liquor sales, acquired by the Commonwealth for the construction of a civil airport, and not covered by an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996. The Amendment Regulations aim to disapply the provisions of the Liquor Act 1982 of New South Wales to such places, facilitating the continuation of liquor sales without contravening state laws. The regulations also ensure that a liquor authorisation granted by the Federal Airports Corporation to a winery at the Badgery's Creek airport development site remains valid until 31 March 2002. These regulations are designed to align with the Act's broader objective of allowing certain activities on Commonwealth places while avoiding conflicts with state laws.
Key Provisions
The Commonwealth Places (Application of Laws) Amendment Regulations 2001 (No. 1) primarily focus on modifying the application of state laws, specifically the Liquor Act 1982 of New South Wales, to certain Commonwealth places. Under Section 22 of the Commonwealth Places (Application of Laws) Act 1970, the Governor-General has the authority to make regulations that are consistent with the Act and necessary for its implementation. These regulations aim to disapply specified provisions of state laws that would otherwise apply to Commonwealth places. The amendment, particularly through Subsection 4(6) of the Act, targets the Liquor Act 1982 in relation to places that are leased for the sale of liquor and acquired by the Commonwealth for civil airport construction, but not under the Airports Act 1996 or the Airports (Transitional) Act 1996.
The Amendment Regulations impose specific obligations on parties involved with Commonwealth places that fall under the criteria mentioned. These regulations mandate that the Liquor Act 1982 of New South Wales does not apply to such Commonwealth places unless expressly allowed by the new regulations. This disapplication ensures that the operations of entities, such as wineries, at these locations are not constrained by state liquor laws. Moreover, the regulations extend a temporary reprieve for a winery at the Badgery's Creek airport development site by preserving its liquor authorisation until 31 March 2002. This ensures that the winery can continue its operations without legal conflict under New South Wales law.
The breach of these regulations can lead to several consequences. Firstly, operating a place that sells liquor without the necessary authorisation under the Liquor Act 1982, despite the disapplication by the Amendment Regulations, can result in legal penalties. While specific penalties are not detailed in the explanatory statement, breaches of liquor laws typically involve fines and potential closure orders under state law. Additionally, failing to comply with the conditions set by the Amendment Regulations might lead to enforcement actions by relevant authorities to ensure adherence to the prescribed legal framework. The consequences underscore the importance of adhering to the regulatory requirements to avoid legal repercussions.