Competition and Consumer (Price Notifications—Aeronautical Services to NSW Regional Airlines) Declaration 2022

Administered by Department of the Treasury

Legislation au F2022L00854 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Competition, Charities and Treasury

Competition and Consumer Act 2010

Competition and Consumer (Price Notifications-Aeronautical Services to NSW Regional Airlines) Declaration 2022

The object of the Competition and Consumer Act 2010 (the Act) is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.

Section 95Z of the Act sets out offences in relation to the supply of notified goods or services by a declared person. In general terms, offences apply where a declared person supplies notified goods or services at a higher price than the highest price they are charged for the goods or services in the same locality, or elsewhere in Australia, if they did not supply the goods in that locality, in the previous 12 months. Section 95Z also provides defences for these offences. The Australian Competition and Consumer Commission (ACCC) has administrative responsibility for these provisions.

Section 95X of the Act provides that the Minister may declare goods or services of a specified description to be notified goods or services and may also declare a person to be, in relation to goods or services of a specified description, a declared person.

The Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2022 (the Declaration) declares services consisting of the provision of aeronautical services and facilities to regular public transport air services, operating wholly within the State of New South Wales, to be notified services. The Declaration also declares Sydney Airport Corporation Limited to be a declared person in relation to such services, to the extent the declared services provided at Sydney (Kingsford-Smith) Airport.

Details of the Declaration are set out in Attachment A.

A separate instrument, the Competition and Consumer (Prices Surveillance–Aeronautical Services to NSW Regional Airlines) Direction 2022, directs the ACCC to give special consideration to increases in the price of aeronautical services and facilities that are declared to be notified services by this Declaration. That direction applies to notified services that are provided by Sydney Airport Corporation Limited.

The Act does not specify any particular matters that the Minister must be satisfied of before making this Declaration.

Public consultation on this Declaration was not undertaken as it extends the existing price notification arrangements contained in the Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2019, which applied from 1 July 2019 to 30 June 2022. Consultation was undertaken with Sydney Airport Corporation and affected regional airlines prior to the making of that instrument.

The price notifications are extended for a year, which will allow the Government time to review and consult on the price notification arrangements.

The Declaration is a legislative instrument for the purposes of the Legislation Act 2003. 

The Declaration commenced on 1 July 2022.

The Declaration applies from 1 July 2022 and ceases to have effect on 30 June 2023.

The Declaration is repealed on 1 July 2023.

A Statement of Compatibility with Human Rights is at Attachment B.

ATTACHMENT A

Details of the Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2022

This attachment sets out further details of the Competition and Consumer (Price Notifications- Aeronautical Services to NSW Regional Airlines) Declaration 2022 (the Declaration). All references are to the Declaration unless otherwise stated.

The Declaration extends the operation of the Competition and Consumer (Price Notifications- Aeronautical Services to NSW Regional Airlines) Declaration 2019 (the previous declaration) for a further year. Although the Declaration makes a number of changes to ensure that it accords with current drafting practices, it has substantially the same effect as the previous declaration.

Part 1—Preliminaries

Section 1 – Name

This section provides that the name of the instrument is the Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2022.

Section 2 – Commencement

This section provides that the Declaration commences on 1 July 2022.

Section 3 – Authority

The Declaration is made under the Competition and Consumer Act 2010 (the Act).

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to the Declaration is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedules to the Declaration has effect according to its terms.

Section 5 – Definitions

This section contains the defined expressions that are used in the Declaration.

The Declaration specifies that the term ‘ABN’ has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

The Declaration also specifies that the term ‘the Act’; means the Competition and Consumer Act 2010.

Part 2—Price Notifications

Section 6 – Notified services

This section provides that, for the purposes of Part VIIA of the Act, services consisting of the provision of aeronautical services and facilities to regular public transport air services, operating wholly within the State of New South Wales, are declared to be notified services.

Section 7 – Declared persons

This section provides that Sydney Airport Corporation Limited is declared to be a declared person in relation to services that are notified services because of section 6 of this Declaration to the extent that such services are provided at the airport known as Sydney (Kingsford-Smith) Airport.

The section identifies Sydney Airport Corporation Limited by reference to its ABN (62 082 578 809).

Part 3—Application

Section 8 – Cessation and repeal

This section provides that the Declaration ceases to have effect on 30 June 2023 and is repealed on 1 July 2023.

This section satisfies the requirement in subsection 95X(4) of the Act, which requires that the Minister specify the time when a declaration that a person is a declared person ceases to have effect.

Schedule 1

Schedule 1 to the Declaration repeals the Competition and Consumer (Price Notifications­–Aeronautical Services to NSW Regional Airlines) Declaration 2019, which applied from 1 July 2019 to 30 June 2022.


ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2022

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The legislative instrument declares services consisting of the provision of aeronautical services and facilities to regular public transport air services, operating wholly within the State of New South Wales, to be notified services. The legislative instrument also declares Sydney Airport Corporation Limited to be a declared person in relation to such services, to the extent that declared services are provided at Sydney (Kingsford‑Smith) Airport.

The effect of these declarations is that Sydney Airport Corporation Limited will commit an offence under section 95Z of the Act if it increases the price of the notified services specified in the legislative instrument beyond a price that it had charged for those services in the previous 12 months.

The legislative instrument extends the existing price notification arrangements contained in the Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2019 for a further year.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms as Sydney Airport Corporation Limited is not a natural person.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2022 is a legislative instrument made under the Competition and Consumer Act 2010 (the Act) to address the need for continued regulation and monitoring of prices for aeronautical services provided by Sydney Airport Corporation Limited to regional airlines operating within New South Wales. This Declaration extends the existing price notification arrangements for a further year, providing a framework for ensuring that prices charged for these services remain competitive and fair. The primary objective of the Declaration is to maintain oversight of prices charged by Sydney Airport Corporation Limited, thereby preventing anti-competitive practices and protecting consumers from excessive pricing in the aviation sector. The Declaration specifies that services consisting of the provision of aeronautical services and facilities to regular public transport air services operating within New South Wales are notified services, and Sydney Airport Corporation Limited is declared a declared person in relation to these services at Sydney (Kingsford-Smith) Airport. This legislative instrument is compatible with human rights as it does not engage any applicable rights or freedoms, as Sydney Airport Corporation Limited is not a natural person.

Scope and Application

The Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2022 extends the price notification arrangements under the Competition and Consumer Act 2010 for a further year, specifically targeting aeronautical services and facilities provided to regular public transport air services operating within New South Wales. The Declaration applies to Sydney Airport Corporation Limited as the declared person responsible for these services, specifically at Sydney (Kingsford-Smith) Airport, ensuring they do not charge more for these notified services than they did in the previous 12 months without proper justification. The scope of this Declaration is limited to the period from 1 July 2022 to 30 June 2023, after which it will cease to have effect and be repealed on 1 July 2023. The Act does not outline specific criteria for the Minister to consider before making such a declaration, and the legislative instrument is compatible with human rights as it pertains to a corporate entity rather than an individual.

Key Provisions

The Competition and Consumer (Price Notifications–Aeronautical Services to NSW Regional Airlines) Declaration 2022 (the Declaration) extends the price notification requirements for services provided by Sydney Airport Corporation Limited to regional airlines operating in New South Wales, as detailed in Section 6 and Section 7 of the Declaration. This means that any services involving aeronautical services and facilities provided to regular public transport air services within New South Wales are considered notified services. Additionally, Sydney Airport Corporation Limited is designated as a declared person in relation to these notified services, specifically for those services provided at Sydney (Kingsford-Smith) Airport. This requirement stems from Section 95X of the Competition and Consumer Act 2010 (the Act), which allows the Minister to declare certain goods or services as notified and to designate entities as declared persons. Under the Declaration, Sydney Airport Corporation Limited is obligated to ensure that it does not charge more for the notified services than it did in the preceding 12 months. This obligation is set out in Section 95Z of the Act, which specifies that a declared person will commit an offence if they supply notified services at a higher price than the highest price charged for those services in the same locality or elsewhere in Australia, if they did not supply the goods or services in that locality in the previous 12 months. The Australian Competition and Consumer Commission (ACCC) has administrative responsibility for enforcing these provisions and ensuring compliance with the Act. Failure to comply with these price notification requirements can result in significant legal consequences for Sydney Airport Corporation Limited. Under Section 95Z of the Act, a declared person found to have contravened the price notification provisions commits an offence. The penalties for these offences can be severe, with potential fines that can extend to significant monetary penalties as stipulated by the Act. These penalties are designed to ensure that declared persons adhere strictly to the price notification requirements to prevent unfair pricing practices that could adversely affect consumers and regional airlines operating in New South Wales.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.