Commonwealth Places (Application of Laws) Amendment Regulations 2002 (No. 1) 2002 No. 183
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 183
Issued by the Authority of the Attorney-General
Commonwealth Places (Application of Laws) Act 1970
Commonwealth Places (Application of Laws) Amendment Regulations 2002 (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 that the Governor-General may make regulations to disapply, or to deem not to have applied in a specific period, 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 Regulations 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 Amendment Regulations preserve, until 30 June 2003, a liquor authorisation originally granted by the Federal Airports Corporation and subsequently continued by the Sydney Airports Corporation Ltd and the Department of Transport and Regional Service, 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 Amendment Regulations enable the Winery to continue operation until 30 June 2003, without breaching the provisions of the New South Wales law.
The Regulations, which amend Regulation 3 of the previous Regulations, commenced on 1 August 2002.
Overview
The Commonwealth Places (Application of Laws) Amendment Regulations 2002 (No. 1) were enacted to address a specific issue regarding the application of state liquor laws to Commonwealth-owned airports. The Act in question, the Commonwealth Places (Application of Laws) Act 1970, empowers the Governor-General to create regulations that facilitate the implementation of the Act. This amendment was introduced to resolve conflicts between state liquor laws, specifically the Liquor Act 1982 of New South Wales, and federal regulations governing Commonwealth places, particularly those related to the construction and operation of civil airports. By disapplying certain provisions of the state liquor law in specific circumstances, the Amendment Regulations aim to ensure that the federal government can operate airports and related facilities without undue restrictions imposed by state liquor laws, thereby facilitating smoother operations and development at these sites.
Scope and Application
The Commonwealth Places (Application of Laws) Amendment Regulations 2002 (No. 1) pertain to places that are subject to specific conditions, particularly those that are leased for the sale of liquor and subsequently acquired by the Commonwealth for the construction of a civil airport, provided they are not subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996. These Regulations aim to disapply certain provisions of the Liquor Act 1982 of New South Wales to such places. This legislative amendment allows for the continued operation of a winery at the Badgery's Creek airport development site, preserving its existing liquor authorisation until 30 June 2003, despite the New South Wales government's stance on not recognising these entitlements under the State Act as applied law. The Regulations, which modify Regulation 3 of the previous Regulations, came into effect on 1 August 2002.
Key Provisions
The Commonwealth Places (Application of Laws) Amendment Regulations 2002 (No. 1) (the Regulations) primarily concern the disapplication of certain state laws in specific circumstances related to Commonwealth places, as outlined in the Commonwealth Places (Application of Laws) Act 1970 (the Act). Section 22 of the Act allows the Governor-General to make regulations that are necessary for the operation and effect of the Act, including disapplying state laws that might otherwise apply. Section 4(6) of the Act specifies that the Governor-General can disapply or deem certain state law provisions as not having applied in specific periods. The Regulations, in line with these provisions, focus on disapplying the Liquor Act 1982 of New South Wales for certain Commonwealth places, particularly those leased for the sale of liquor and acquired for civil airport construction.
Under the Regulations, the Liquor Act 1982 of New South Wales will not apply to Commonwealth places that meet specific criteria. These include places that are subject to a lease authorising the sale of liquor, acquired by the Commonwealth for civil airport construction, and not subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996. This legislative measure ensures that the operation of civil airports by the Commonwealth is not hindered by state liquor laws that might otherwise conflict with the federal operations. Additionally, the Regulations preserve a liquor authorisation granted by the Federal Airports Corporation and continued by the Sydney Airports Corporation Ltd and the Department of Transport and Regional Services to a winery at the Badgery's Creek airport development site until 30 June 2003. This provision addresses the NSW government's stance on not recognising certain entitlements under the state law as applied law.
The obligations imposed by the Regulations are primarily on the entities operating within the specified Commonwealth places. These entities must ensure compliance with the federal laws and the Regulations, avoiding any conflict with state liquor laws. The Regulations require that operations such as the sale of liquor in leased Commonwealth places adhere to federal standards and the specific conditions set out in the Regulations. The Regulations also mandate that the winery at the Badgery's Creek airport development site continue operations under its existing liquor authorisation until 30 June 2003. This requires the winery and the relevant federal authorities to coordinate to ensure compliance with the Regulations without breaching state liquor laws.
The Regulations do not explicitly outline specific penalties for non-compliance; however, breaches of the Act or any regulations made under it could lead to legal consequences. Under the Acts Interpretation Act 1901, penalties for breaches can include fines and, in severe cases, imprisonment. The maximum penalties would depend on the specific nature and severity of the breach, as well as any additional provisions outlined in related legislation. The overarching aim of the Regulations is to facilitate smooth operations within Commonwealth places by disapplying conflicting state laws, ensuring that the federal government can manage these areas effectively without legal impediments.