Commonwealth Places (Application of Laws) Regulations 1998
Statutory Rules 1998 No. 271 as amended
made under the
Commonwealth Places (Application of Laws) Act 1970
This compilation was prepared on 14 May 2011
taking into account amendments up to SLI 2011 No. 58
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
2A Definitions
3 Liquor Act 2007 (NSW) not to apply to certain Commonwealth places
4 Designated State airports
Notes
1 Name of Regulations [see Note 1]
These regulations are the Commonwealth Places (Application of Laws) Regulations 1998.
2 Commencement [see Note 1]
These regulations commence on gazettal.
2A Definitions
In these Regulations:
Act means the Commonwealth Places (Application of Laws) Act 1970.
Coolangatta Airport means the Gold Coast Airport.
Melbourne Airport means the Tullamarine Airport.
Sydney Airport means the Sydney (Kingsford Smith) Airport.
3 Liquor Act 2007 (NSW) not to apply to certain Commonwealth places
For subsection 4 (6) of the Act, the Liquor Act 2007 of New South Wales does not apply to a place that:
(a) is subject to a lease that authorises the sale of liquor; and
(b) is acquired by the Commonwealth for the construction of a civil airport; and
(c) is not subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996.
4 Designated State airports
For the definition of designated State airport in section 3 of the Act, each of the following airports is prescribed:
(a) Adelaide Airport;
(b) Brisbane Airport;
(c) Coolangatta Airport;
(d) Hobart Airport;
(e) Melbourne Airport;
(f) Perth Airport;
(g) Sydney Airport.
Notes to the Commonwealth Places (Application of Laws) Regulations 1998
Note 1
The Commonwealth Places (Application of Laws) Regulations 1998 (in force under the Commonwealth Places (Application of Laws) Act 1970) as shown in this compilation comprise Statutory Rules 1998 No. 271 amended as indicated in the Tables below.
Table of Instruments
Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1998 No. 271 | 1 Sept 1998 | 1 Sept 1998 | |
2001 No. 25 | 23 Feb 2001 | 23 Feb 2001 | — |
2002 No. 183 | 1 Aug 2002 | 1 Aug 2002 | — |
2003 No. 116 | 19 June 2003 | 1 July 2003 | — |
2005 No. 297 | 16 Dec 2005 (see F2005L04035) | 17 Dec 2005 | — |
2011 No. 58 | 13 May 2011 (see F2011L00749) | 14 May 2011 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 2A................ | ad. 2011 No. 58 |
Heading to r. 3.......... | rs. 2001 No. 25; 2011 No. 58 |
R. 3................. | rs. 2002 No. 183; 2003 No. 116; 2005 No. 297; 2011 No. 58 |
R. 4................. | am. 2001 No. 25 |
| rep. 2002 No. 183 |
| ad. 2011 No. 58 |
Overview
The Commonwealth Places (Application of Laws) Regulations 1998, made under the Commonwealth Places (Application of Laws) Act 1970, aim to address jurisdictional issues regarding the application of state laws to Commonwealth places, particularly civil airports. These regulations, administered by the Commonwealth, establish clear guidelines on which state laws do not apply to specific Commonwealth places, such as those acquired for civil airport construction. This legislative instrument was introduced to mitigate conflicts and ensure a consistent legal framework for the operation of civil airports within Australia. The enactment body responsible for these regulations is the Commonwealth Parliament, with the overarching policy objective being to streamline the administration of Commonwealth places by delineating the applicability of state laws.
Scope and Application
The Commonwealth Places (Application of Laws) Regulations 1998 apply to places that are under the control or management of the Commonwealth and are used for public purposes. These regulations are made under the Commonwealth Places (Application of Laws) Act 1970 and provide a framework for the application of state and territory laws to certain Commonwealth places. The primary purpose of these regulations is to clarify the jurisdictional scope and legal applicability of state laws in relation to Commonwealth-controlled places, ensuring that state laws do not interfere with the operations of Commonwealth entities. The regulations specifically address the non-application of certain state laws, such as the Liquor Act 2007 of New South Wales, to Commonwealth places that are leased for civil airport construction but are not subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996. Furthermore, these regulations define designated state airports, which include major airports such as Adelaide Airport, Brisbane Airport, and Sydney Airport, thereby establishing a clear demarcation of jurisdictional boundaries between state and Commonwealth authorities.
Key Provisions
The Commonwealth Places (Application of Laws) Regulations 1998 (the Regulations) establish specific conditions under which certain state laws do not apply to Commonwealth places. For instance, Regulation 3 stipulates that the Liquor Act 2007 of New South Wales does not apply to Commonwealth places that are leased for liquor sales, acquired for civil airport construction, and not under an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996. These provisions are crucial for ensuring that state laws do not interfere with the Commonwealth's operations in designated areas.
The Regulations impose obligations on the Commonwealth and relevant authorities to ensure compliance with these provisions. Specifically, the Commonwealth must ensure that any places it acquires or controls for civil airport purposes are not subject to the Liquor Act 2007 of New South Wales if they meet the criteria outlined in Regulation 3. Furthermore, the Regulations require that any place subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996 be excluded from the application of the Liquor Act 2007 of New South Wales.
Breaches of these Regulations can lead to legal consequences. While the specific offences and penalties are not detailed in the provided excerpt, breaches of regulations generally can result in fines, legal action, or other civil or criminal penalties as prescribed by the relevant legislation. The precise nature and severity of penalties would depend on the specific breach and the applicable laws. It is important for all parties involved to adhere to these Regulations to avoid any legal repercussions.