EXPLANATORY STATEMENT

Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

Airports Act 1996

Airports (Control of On-Airport Activities) Regulations 2026
On-Airport Activities Legislation (Repeal and Consequential Amendments) Regulations 2026

Purpose and operation

The Airports (Control of On-Airport Activities) Regulations 2026 (the Regulations) establish a system for the control of liquor, commercial trading, vehicle movements, gambling and smoking at leased federal airports, and an infringement notice scheme to support enforcement of these controls. The Regulations aim to strike the right balance between ensuring competitive neutrality between on-airport and off-airport activities, while standardising the regulation of on‑airport activities (to the extent possible) across jurisdictions.

The Regulations operate alongside relevant state (and territory) laws, including making limited modifications to how some of these laws are applied at leased federal airports. As airport sites are Commonwealth land, the Regulations form a crucial part of how these laws are applied at each airport (in accordance with the Commonwealth Places (Application of Laws) Act 1970 for state laws), and how airport‑operator companies, tenants, regulators, and enforcement officers understand and apply relevant laws at leased federal airports.

The On-Airport Activities Legislation (Repeal and Consequential Amendments) Regulations 2026 (the Repeal and Consequential Amendments Regulations) set out necessary repeals and consequential amendments associated with remaking the Regulations.

These instruments replace the Airports (Control of On-Airport Activities) Regulations 1997 (the 1997 Regulations) which sunset on 1 April 2026. Sunsetting is an automatic repeal of instruments after a fixed period, under the Legislation Act 2003. The aim is to ensure instruments remain fit for purpose and only in force for as long as required.

The sunsetting date was set by the Legislation (Airport Instruments) Sunset-altering Declaration 2018, and subsequent Legislation (Deferral of Sunsetting – Airport (Control of On-Airport Activities) Regulations) Certificate 2024.

Consultation activities have confirmed that while there is an ongoing need to regulate activities covered by the 1997 Regulations, and that the 1997 Regulations remain generally fit for purpose, there were opportunities to modernise language, and make minor and technical updates to bring the regulations more into line with modern drafting standards.

The main purpose of this explanatory statement is to outline the changes that have been made as part of the remaking process. The Federal Register of Legislation (FRL) provides the legislative history of the sunsetting instrument, including past explanatory statements.

The latest versions of Australian Government Acts, Regulations and other legislative instruments referenced in this explanatory statement and the instrument are available at the FRL (https://www.legislation.gov.au).

The latest versions of state or territory government Acts, Regulations and other legislative instruments referenced in this explanatory statement and the draft instrument are available on equivalent registers for each state or territory.

Modernisation

The Regulations have been updated to more closely align with the provisions in the Airports Act 1996 (the Act), and meet modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace. For example:

• a range of changes to language have been made throughout the instrument (see the notes on sections at Attachment A for details);
• definitions have generally been consolidated into Part 1 of the Regulations (to the extent possible) to simplify provisions in the Regulations; and
• spent and redundant provisions have been removed in the new instrument.

Minor and technical updates

The Regulations have been updated to address a variety of minor and technical issues to clarify intent and streamline processes. These include, for example:

• reviewing and updating references to, and any modification of, relevant state laws (as applied by the Commonwealth Places (Application of Laws) Act 1970), and relevant territory laws, to ensure that the Regulations continue to achieve their intended effect, acknowledging that there have been updates to the relevant laws since the 1997 Regulations were originally made;
• substantial clarification of the technical operation of provisions relating to vehicles and gambling;
• making technical updates to the infringement notice scheme outlined in the Regulations, to bring it more into line with modern standards for infringement notices, as outlined in the Regulatory Powers (Standard Provisions) Act 2014 and the Guide to Framing Commonwealth Offences, Infringement Notices, and Enforcement Powers (the Guide);
• clarifying provisions enabling the Secretary to make appointments to more appropriately limit and define powers that may be performed by authorised persons, infringement officers, and notice authorities, for specific parts of the Regulations; and
• clarifying how the Regulations apply to Sydney West Airport (commonly referred to as Western Sydney International (Nancy-Bird Walton) Airport), to ensure controlled activities are generally regulated in a manner consistent with other airports, both in New South Wales (NSW) and more broadly, in relation to liquor and gambling, ahead of Sydney West Airport’s anticipated opening by late 2026.

Control of liquor at leased federal airports in New South Wales (NSW)

The most substantial update to the Regulations relates to the control of liquor in NSW. Part 1A of the 1997 Regulations set out a scheme for the Commonwealth to control liquor activities at leased federal airports in NSW.

Following agreement with the NSW Government, Part 2 of the Regulations been updated to transition oversight of the control of liquor at leased federal airports in NSW to the relevant state regulator, in a manner consistent with the approach taken in other states and territories. This includes making some modifications to how the relevant state law is applied at leased federal airports in NSW.

The Regulations also include transitional provisions covering matters such as the transition of licences issued under the Commonwealth scheme to the NSW regime.

As a result of this transition, Part 1A of the 1997 Regulations has not been remade, and is not included in the new instrument.

Legislative authority

The Act establishes a regulatory framework for leased federal airports. Section 252 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Under Part 11 of the Act, sections 169 to 174 identify a range of matters related to liquor, commercial (consumer) trading, vehicle movements, gambling and smoking, which may be prescribed by regulations.

Sections 175 to 176 of the Act provide that regulations may prescribe penalties for regulations made under Part 11 and establish an infringement notice scheme for these penalties.

Section 177 of the Act sets out the intention for Part 11 of the Act to operate concurrently with state laws (as applied by the Commonwealth Places (Application of Laws) Act 1970) and territory laws, though regulations may declare that a specified state (or territory) law has no effect at a specified airport to the extent it applies for and in relation to a matter outlined in Part 11.

Further detail on enabling provisions for specific Parts of the Regulations, and the Repeal and Consequential Amendments Regulations, is included in Attachment A.

The Regulations, and the Repeal and Consequential Amendments Regulations, are disallowable legislative instruments for the purposes of the Legislation Act 2003.

Consultation

Policy

The Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department) initially conducted public consultation on policy through a survey on sunsetting regulations under the Act in 2017. This was followed by further public consultation in 2022 specifically focussed on the 1997 Regulations, which was undertaken through a public submissions process held between 16 September 2022 and 19 October 2022. The consultation paper and non‑confidential submissions were published on the department’s website.

The approach to remaking the Regulations has also been informed by the department’s regular engagement with airport-operator companies, and other relevant stakeholders during the administration of the Act and associated regulations, and broader public consultation activities, including activities to inform development of the Aviation White Paper – Towards 2050.

In the Aviation White Paper – Towards 2050, the Australian Government committed to conducting a comprehensive review of the Act, and the accompanying legislative and regulatory arrangements for the ownership, planning, development and environmental management of leased federal airports by 2030. This will be an opportunity to consider more substantial updates to the Act, and complementary regulations, including these Regulations.

Draft regulations

An exposure draft was published on the department’s website from 15 October 2025 to 18 November 2025.

Consistent with requirements under section 178 of the Act, alongside publication of the exposure draft, the Minister’s delegate within the department also gave written notice of the intention to make proposed regulations to each airport‑operator company, and sought written submissions on the Regulations.

The department has consulted with state and territory regulators on the application of relevant state and territory laws, and particularly the NSW Government in relation to the control of liquor at leased federal airports in NSW, including Liquor and Gaming NSW and the NSW Police Force.

The Minister has given due regard to any written submissions received in response to the exposure draft.

The Australian Border Force, Australian Federal Police (AFP), Attorney‑General’s Department, and Department of Finance, were also consulted in the development of the draft Regulations.

The Civil Aviation Safety Authority was consulted on consequential amendments to the Civil Aviation Safety Regulations 1998 outlined in Schedule 2 of the Repeal and Consequential Amendments Regulations.

The Attorney General’s Department was consulted on consequential amendments to the Age Discrimination Regulations 2020 outlined in Schedule 2 of the Repeal and Consequential Amendments Regulations.

Statement of Compatibility with Human Rights

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

Attachment A

NOTES ON SECTIONS

Details of the Airports (Control of On-Airports Activities) Regulations 2026

Part 1 – Preliminary

1.              Part 1 of the Regulations outlines preliminary material to assist readers in understanding and navigating the instrument. The Part outlines the name and commencement of the instrument, as well as the authority under which the instrument is made.
2.              The Part also provides key definitions used throughout the Regulations, prescribes additional airports to which Part 11 of the Act applies, and clarifies the application of the Regulations.
3.              This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace.

Section 1 – Name

1.              This section names this instrument the Airports (Control of On-Airport Activities) Regulations 2026.

Section 2 – Commencement

1.              This section provides that the Regulations will commence on 1 April 2026. This is the same date the 1997 Regulations are due to sunset.

Section 3 – Authority

1.              This section sets out the provision of the Airports Act 1996 under which the Regulations are made.

Section 4 – Definitions

1.              Some defined terms used in the Regulations are defined in the Act. These terms have generally not been additionally defined in the Regulations. For example:
   • The term airport lease is defined in the Act to mean a lease of the whole or a part of an airport site, where the Commonwealth is the lessor, and when used in relation to an airport, to mean a lease of the whole or a part of the airport site of the airport, where the Commonwealth is the lessor.
     
   • The term airport-operator company is defined in the Act to mean both an airport lessee-company, and an airport‑management company. An airport-lessee company is a company that holds an airport lease. An airport ‑management company is a company that is party to an airport-management agreement with an airport-lessee company. Section 33 of the Act provides that an airport-lessee company may enter into an arrangement with an airport-management company to enable the airport‑management company to exercise control over either or both of the operation of the whole or a substantial part of the airport, and the direction to be taken in relation to the development of the whole or part of an airport. In 2026, no airport‑management agreements were in force.
   • The term Airside Vehicle Control Handbook for an airport is defined in the Act to have the meaning given by subsection 172(2) of the Act. Subsection 172(2) provides that the Airside Vehicle Control Handbook for an airport means the Airside Vehicle Control Handbook (the Handbook) published by an airport‑operator company for the airport. The Handbook for each leased federal airport is publicly available, and generally published on the relevant airport‑operator company’s website. Further detail on the Handbook is included against explanatory material for Division 4, and particularly section 50.
   • The term State is defined in the Act to include the Australian Capital Territory, and the Northern Territory. As such references to ‘State’ included in the Regulations are taken to include references to the Australian Capital Territory, and the Northern Territory, where appropriate. The explanatory statement therefore generally refers to both state and territory laws where relevant to make this intention clear in relation to provisions in the Regulations, even if the provisions in the Regulations only refer to a ‘State’.
2.              Section 4 provides some additional definitions that have effect for the Regulations. To the extent possible, definitions used in the Regulations have been consolidated in section 4. Some additional definitions used in specific Parts or Divisions are outlined in an equivalent section in the relevant Part or Division.
3.              When the term Act is used in this instrument, it means the Airports Act 1996. Any other Acts referenced in this instrument are referred to each time using their short title. For state or territory government Acts, the relevant state (or territory) is also noted alongside the short title, for example, the Liquor Control Act 1988 (WA).
4.          The latest versions of Australian Government Acts are available at the FRL (https://www.legislation.gov.au). The latest versions of state or territory government Acts are available on equivalent registers for each state or territory:

• Australian Capital Territory Legislation Register (https://www.legislation.act.gov.au);
• Northern Territory Legislation website (https://legislation.nt.gov.au);
• NSW Legislation website (https://legislation.nsw.gov.au);
• Queensland Legislation website (https://www.legislation.qld.gov.au);
• South Australian Legislation website (https://www.legislation.sa.gov.au);
• Tasmanian Legislation website (https://www.legislation.tas.gov.au);
• Victorian Legislation website (https://www.legislation.vic.gov.au); and
• Western Australian Legislation website (https://www.legislation.wa.gov.au).

1.          The term activity-controlled airport is defined in section 6 of the Regulations. Further detail is included against explanatory material for section 6.
2.          When the term approved issuing authority is used in this instrument, for an airport, it means a person approved under subsection 52(1) to issue ADAs or AUAs (or both) for the airport. Further detail is included in definitions below and against explanatory material for section 52.
3.          When the term Australian Road Rules is used within this instrument, it means the Australian Road Rules as approved by the Infrastructure and Transport Ministers’ Meeting and published by the Parliamentary Counsel’s Committee, as at 9 June 2023.
   •          The Australian Road Rules are publicly available, and could, in 2026, be viewed on the Parliamentary Counsel’s Committee website (https://pcc.gov.au).
4.          When the term authorised person is used in this instrument, it has the meaning given by section 25. Further detail is included against explanatory material for section 25.
5.          When the term Authority for Use Airside or AUA, is used within this instrument, for an airport, it means a permission issued in relation to a vehicle under section 55 allowing the vehicle to be driven on the airside of the airport. Further detail is included against explanatory material for section 55.
6.          When the term Authority to Drive Airside or ADA, is used within this instrument, for an airport, it means a permission issued to a person under section 53 allowing the person to drive a vehicle on the airside of the airport. Further detail is included against explanatory material for section 53.
7.          When the term consumer trading is used in this instrument, it means the supply of goods or services (within the meaning of section 171 of the Act) to an individual who acquires the goods or services as a consumer (within the meaning of section 4B of the Competition and Consumer Act 2010).

• The latest versions of Australian Government Acts, including the Act and the Competition and Consumer Act 2010, are available at the FRL (https://www.legislation.gov.au).

1.          When the term drive is used in this instrument, it includes to ‘be in control of’ a vehicle. This is consistent with the Australian Road Rules.
2.          When the term driver is used in this instrument, it has the same meaning as in the Australian Road Rules (and includes a rider within the meaning of those Rules).
   
3.          When the term emergency vehicle or police vehicle is used in this instrument, it means a vehicle that is being driven by a person who is an emergency worker or police officer in the course of the person’s duties. This includes, for example, vehicles such as a police vehicle, ambulance vehicle, or a fire service vehicle.
4.          When the term gambling activity is used in this instrument, it has the same meaning as in section 173 of the Act.
5.          When the term gambling permission is used in this instrument, it means a permission to engage in a gambling activity granted by the Secretary under Division 4 of Part 5 of the Regulations.
6.          The term infringement officer is defined in section 84 of the Regulations. Further detail is included against explanatory material for section 84.
7.          When the term limited-parking area is used in this instrument, it has the meaning given by paragraph 43(1)(b). Further detail is included against explanatory material for section 43.
8.          When the term limited-stopping area is used in this instrument, it has the meaning given by paragraph 44(1)(b). Further detail is included against explanatory material for section 44.
9.          When the term no-parking area is used in this instrument, it has the meaning given by paragraph 43(1)(a). Further detail is included against explanatory material for section 43.
10.          When the term no-smoking area is used in this instrument, it has the meaning given by subsection 79(1). Further detail is included against explanatory material for section 79.
11.          When the term no-stopping area is used in this instrument, it has the meaning given by paragraph 44(1)(a). Further detail is included against explanatory material for section 44.
12.          The term notice authority is defined in section 85 of the Regulations. Further detail is included against explanatory material for section 85.
13.          When the term old gambling authority is used in this instrument, it has the meaning given by subsection 68(2). Further detail is included against explanatory material for section 68.
14.          When the term owner, for a vehicle, is used in this instrument, it means:
    •          if the vehicle is registered under the law of a state (or territory) for the registration of vehicles, the registered owner, unless if the registered owner has sold or otherwise disposed of the vehicle, in which case, the person who acquired the vehicle from the registered owner; or
    •          for any other vehicle, the person who is legally entitled to possession of the vehicle.
15.          When the term parking control provision is used in this instrument, it has the meaning given by section 27. Further detail is included against explanatory material for section 27.
16.          When the term parking offence is used in this instrument, it means any offence that relates to parking, stopping or leaving a vehicle.
17.          When the term permit zone is used in this instrument, it has the same meaning as in the Australian Road Rules.
18.          When the term Secretary is used in this instrument, it means the Secretary of the department. These are references to the department responsible for administering the Act, and the head of that department.
    •          In 2026, this referred to the Australian Government Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts. If necessary in future, the Administrative Arrangements Orders published by the Department of the Prime Minister and Cabinet (see www.pmc.gov.au/resources) should be considered in determining which department is responsible for administering the Act.
19.          When the term subject to an infringement notice is used in this instrument, it has the meaning given by section 83. Further detail is included against explanatory material for section 83.
20.          When the term taxi zone is used in this instrument, it has the same meaning as in the Australian Road Rules.
21.          When the term terminal area is used in this instrument in relation to an airport, it means the building or buildings on the airport used for processing the arrival and departure of passengers on scheduled air services that are available to the general public on a commercial basis.
    •          The equivalent definition in the 1997 Regulations was defined with specific reference to the term regular public transport operation as defined in the Air Navigation Act 1920. The Air Navigation Act 1920 no longer includes the term regular public transport operation. The definition in the Regulations has therefore been updated to no longer rely on this term.
22.          When the term traffic control device is used in this instrument, it has the same meaning as in the Australian Road Rules.

Section 5 – Prescription of additional airports to which Part 11 of the Act applies

1.          Part 11 of the Act identifies a range of matters related to liquor, commercial trading, vehicle movements, gambling and smoking which may be prescribed by regulations.
2.          This section has been made for the purposes of paragraph 169(1)(b) of the Act, and establishes that Part 11 of the Act applies to all leased federal airports (if there is an airport lease for the airport).
3.          Subsection 169(1) of the Act provides that Part 11 of the Act applies to: (i) core regulated airports and (ii) airports prescribed in the regulations. This section specifies the remaining airports (which are not core regulated airports) to which Part 11 of the Act will apply.
   •          The section also includes a note clarifying that Paragraph 169(1)(b) of the Act provides that Part 11 of the Act applies to an airport prescribed in the regulations, if there is an airport lease for the airport.
4.          This has the effect that regulations under Part 11 of the Act may be made relating to the control of liquor, commercial trading, vehicle movements, gambling and smoking for all 22 leased federal airports. Some specific airports are subsequently included within, or excluded from, specific Parts or Divisions of the Regulations. This is outlined in explanatory material for the relevant sections (including section 26, section 42, section 49, section 65, and section 78).
5.          Section 5 has the same intended effect as regulation 4 of the 1997 Regulations.

Section 6 – Meaning of activity-controlled airport and application of this instrument

1.          Section 6 outlines than an airport is an activity-controlled airport if:

• it is a core regulated airport (as defined in the Act); or
• it is mentioned in section 5 of the Regulations.

1.          The term activity-controlled airport is used throughout the Regulations to simplify framing in relevant provisions, and replaces the term Part 11 airport, which was used in the 1997 Regulations.
2.          In addition, subsection 6(2) and subsection 6(3) are included to clarify that:

• an airport is not an activity-controlled airport if there is not an airport lease for the airport; and
• a provision of this instrument that is stated to apply to a named airport does not apply to that airport if there is not an airport lease for the airport.

1.          These subsections have been included to better align the Regulations with relevant provisions in the Act, noting that section 169 of the Act specifies that Part 11 of the Act may only apply to an airport if there is an airport lease for the airport. Equivalent provisions were not included in the 1997 Regulations.
2.          This means that if an airport lease is not in place for a specific leased federal airport, Part 11 of the Act, and consequently the Regulations, do not apply in relation to that airport. In these circumstances, Section 177 of the Act will have the effect that relevant state laws (as applied by the Commonwealth Places (Application of Laws) Act 1970 or territory laws, as appropriate) apply at the relevant airport.
3.          Subsection 169(2) of the Act also makes clear that for the purposes of Part 11 of the Act, the boundaries of an airport are the boundaries of the airport site for the relevant airport. An ‘airport site’ is defined in section 5 of the Act.
   •          In 2026, the boundaries for each airport site were declared in the Airports Regulations 2024. The latest version of these regulations, or any future regulations that may replace them, are available at the FRL (https://www.legislation.gov.au).
     

Part 2 – Control of liquor

1.          Part 2 is made for the purposes of section 170, section 173 and section 177 of the Act, and provides the regulatory framework for the control of liquor at leased federal airports.
2.          Part 2 makes limited and specific modifications to how relevant state (and territory) liquor laws are applied at leased federal airports. To the extent possible, equivalent modifications are generally applied across jurisdictions to:

• provide airport-operator companies with an opportunity to input into decisions around liquor licences on the airport site, generally in the place of a local government authority (recognising that an airport operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport); and
• remove requirements to align with state, territory or local government planning regimes, or for plans to be approved by relevant local government planning authorities (recognising that the airport site is Commonwealth land, and these planning and approval processes do not apply on the airport site).

1.          In specific instances, the Regulations also enable liquor to be sold within terminals for longer periods than may otherwise be possible under the relevant state regime (recognising that some airports operate on a 24-hour basis, 365 days a year). Such modifications have only been made in limited circumstances where there are not appropriate mechanisms to seek approval for extended trading hours or similar arrangements.
2.          With these modifications, relevant state liquor laws are otherwise applied on the airport site as Commonwealth law (to the extent they are able to do so), in accordance with the Commonwealth Places (Application of Laws) Act 1970. Relevant territory liquor laws are similarly applied on the airport site with outlined modifications.
3.          For airports not listed in this Part and Schedule 2 (Archerfield Airport, Brisbane Airport, Mount Isa Airport, Jandakot Airport, and Tennant Creek Airport), relevant state liquor laws are applied without modification on the airport site as Commonwealth law (to the extent they are able to do so), in accordance with the Commonwealth Places (Application of Laws) Act 1970. The policy settings for these airports remains consistent with the approach taken in the 1997 Regulations.

Relation to 1997 Regulations

1.          This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace.
2.          This Part has also been updated to include modifications to how relevant state liquor laws are applied at leased federal airports in NSW (specifically, Sydney (Kingsford‑Smith) Airport, Sydney West Airport, Bankstown Airport and Camden Airport).
   •          This follows the agreement of the NSW Government to the transition of oversight of the control of liquor at leased federal airports in NSW to the relevant state regulator, in a manner consistent with the approach taken in other states and territories.
3.          This Part has also been updated to include transitional provisions covering matters such as the transition of licences issued under the Commonwealth scheme outlined in the 1997 Regulations into the broader NSW regime.
4.          Transitional provisions relevant to other jurisdictions included in the 1997 Regulations have been spent, and are not included in the Regulations.

Section 7 – Purposes of Part

1.          This provision has been included to make clear that this Part is made for the purposes of section 170, section 173 and section 177 of the Act. An equivalent provision was not included in the 1997 Regulations.

Section 8 – NSW – Modified application of Liquor Act

1.          Section 8 sets out modifications to the way that the Liquor Act 2007 (NSW) is applied at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport.
2.          Subsection 8(2) provides that a reference in the Liquor Act 2007 (NSW) to the Commissioner of Police is taken to include a reference to the Commissioner of the AFP, except for a reference that relates to criminal intelligence (as defined in the Liquor Act 2007 (NSW)), or a reference in section 42, 79B or 90C of the Liquor Act 2007 (NSW).
   •          These modifications are intended to ensure that the AFP may support the relevant NSW Government agencies and the NSW Police Force in enforcing state liquor laws at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport as necessary.
   •          These modifications have specifically excluded provisions relating to criminal intelligence, as the Liquor Act 2007 (NSW) provides that criminal intelligence means information that is classified as such by the NSW Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012 (NSW), or declared by the Supreme Court of NSW under that Act to be criminal intelligence.
   •          This is because the Commissioner of the AFP may not be aware of whether information has been declared criminal intelligence by the Supreme Court of NSW (as records relating to declarations are closed), or classified as such by the NSW Commissioner (and as such, may not be able to make decisions in relation to the release of such information).
     
   •          These modifications have also specifically excluded providing the AFP Commissioner with powers under section 42, section 79B or section 90C of the Liquor Act 2007 (NSW). These provisions relate to matters where the NSW Commissioner may undertake investigations in relation to an application under subsection 42(5), make a disturbance complaint under paragraph 79B(4)(c), or make a submission in relation to proposed boundary changes under section 90C.
   •          In each of these instances, investigation into applicants, who are likely NSW residents, noise disturbances in surrounding communities, and off-airport impacts that may be relevant to a proposed boundary change are matters that may more appropriately be progressed or commented on by the NSW Commissioner of Police, and so it is not necessary to permit those functions to be performed by the AFP.
   •          Modifications to explicitly exclude providing the AFP Commissioner with powers under provisions that will not operate on airport land, or no longer have any practical effect, have not been made. These exclusions are unnecessary, as the relevant provisions will not have any effect for the operation of the Liquor Act 2007 (NSW) as applied on airport land.
3.          Subsection 8(3) provides that a reference in the Liquor Act 2007 (NSW) to a police officer is taken to include a reference to a member or special member of the AFP.
   •          These modifications are intended to ensure that sworn AFP police officers may support the relevant NSW Government agencies and the NSW Police Force in enforcing state liquor laws at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport as necessary.
4.          Subsection 8(4) provides that a reference in the Liquor Act 2007 (NSW) to the local police or the NSW Police Force is taken to include a reference to the AFP.
   •          These modifications are intended to ensure the AFP may support the relevant NSW Government agencies and the NSW Police Force in enforcing state liquor laws at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport as necessary.
5.          Subsection 8(5) also provides that a protective service officer or special protective service officer of the AFP is taken to be an authorised person for the purposes of section 77 and section 128 of the Liquor Act 2007 (NSW), and an authorised officer for the purposes of section 150 of the Liquor Act 2007 (NSW).
   •          These modifications are intended to ensure that AFP protective service officers and special protective service officers may exercise powers to support sworn AFP officers in enforcing state liquor laws at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport.
     
   •          These include powers to exclude a person from licensed premises, powers to request that a person reasonably suspected of being a minor to provide information about their name, address and date of birth or produce an evidence of age document (which may also be exercised by authorised persons including a licensee, or an employee or agent of a licensee, or an inspector), and powers to issue a penalty notice under the Liquor Act 2007 (NSW) where necessary.
   •          These powers may be appropriately exercised by a protective service officer or special protective service officer, and will ensure the AFP may effectively support enforcement activities at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport.
   •          Other investigative and regulatory powers under the Liquor Act 2007 (NSW) have been conferred on a member or special member of the AFP only.
   •          Protective service officers and special protective service officers also have experience and understanding in relation to the issue of infringement notices, as they issue infringement notices under instruments such as the Aviation Transport Security Regulations 2005.
6.          Modifications outlined in subsection 8(2) to subsection 8(5) have been included to enable the AFP to support relevant NSW Government agencies and the NSW Police Force in enforcing state liquor laws at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport as necessary. Modifications have been limited to those that are necessary for the AFP to effectively support enforcement activities at relevant airports.
7.          Subsection 8(6) provides that in addition to the licensed premises specified in subsection 130E(1) of the Liquor Act 2007 (NSW), section 130E also applies to licensed premises at Sydney (Kingsford-Smith) Airport and Sydney West Airport that are not in a passenger terminal (as defined in section 130A of the Liquor Act 2007 (NSW).
8.          Without modification, section 130E of the Liquor Act 2007 (NSW) gives the Secretary (within the meaning of the Liquor Act 2007 (NSW)) specific powers to set trading hours for licensed premises, including disapplying section 11A of the Liquor Act 2007 (NSW) for the relevant premises, for areas on NSW land around Sydney West Airport which are prescribed by regulations.
   •          Section 11A requires that a liquor licence is subject to a condition that liquor must not be sold by retail on the licensed premises for a continuous period of six hours (determined in accordance with the section) each consecutive period of 24 hours.
   •          As a point of comparison, section 130B of the Liquor Act 2007 (NSW), amongst other things, sets the trading hours of a licensed premises within a passenger terminal to be aligned with the operating hours of the airport, and provides that there are no restricted trading days for the licensed premises and that section 11A of the Liquor Act 2007 (NSW) does not apply to the licensed premises.
     
   •          This is intended to enable licensed premises within a passenger terminal to operate within the operating times of an airport, when they otherwise may not be able to do so under the Liquor Act 2007 (NSW). This is intended to reflect that passenger terminals are generally open for longer periods on all days of the year, and to ensure that licensed premises may be open to serve passengers while the airport is open.
   •          With this in mind, section 130E enables the Secretary (within the meaning of the Liquor Act 2007 (NSW)) to decide trading hours, restricted trading days, and whether section 11A of the Liquor Act 2007 (NSW) applies in relation to a licensed premises near Sydney West Airport (but not within the terminal, or on Commonwealth land) on a case by case basis, in order to flexibly meet requirements for premises outside of the passenger terminal to be open alongside the airport, while appropriately limiting opening hours and potential social harms where necessary.
9.          Subsection 8(6) modifies the subsection to provide that the Secretary of the NSW Department of Enterprise, Investment and Trade may also exercise these powers in relation to licensed premises on Commonwealth land at Sydney Airport and Sydney West Airport that are not within a passenger terminal.
   •          This modification will mean that the Secretary of the NSW Department of Enterprise, Investment and Trade may decide trading hours, restricted trading days, and whether section 11A of the Liquor Act 2007 (NSW) applies in relation to a licensed premises at Sydney Airport or Sydney West Airport that is not within a passenger terminal.
   •          This modification applies the provision to both Sydney Airport and Sydney West Airport to promote competitive neutrality, noting that licensed premises outside of terminals at both airports may need to be operating all days of the year and in line with the opening hours of each airport.
   •          The modification also helps to promote competitive neutrality between premises within passenger terminals, premises at both airports outside of passenger terminals, and premises around Sydney West Airport on NSW land.
   •          This will enable the Secretary of the NSW Department of Enterprise, Investment and Trade to decide trading hours, restricted trading days, and whether section 11A of the Liquor Act 2007 (NSW) applies in relation to a relevant licensed premises outside of a passenger terminal on a case by case basis, in order to flexibly meet requirements for premises outside of the passenger terminal to be open alongside the airport, while appropriately limiting opening hours and potential social harms where necessary.
10.          Subsection 8(7) clarifies that in making a decision under section 130E of the Liquor Act 2007 (NSW) that applies to the licensed premises referred to in subsection 8(6), the Secretary (within the meaning of the Liquor Act 2007 (NSW)) must have regard to the matters mentioned in subsection 3(2) of the Liquor Act 2007 (NSW), and the efficient and effective operation of the airport and provision of services to passengers.
    •          This provision has been included to make clear the basis on which an administrative decision under section 130E as modified by subsection 8(6) may be made.
    •          Subsection 3(2) of the Liquor Act 2007 (NSW) sets out that each person who exercises functions under the Liquor Act 2007 (NSW) must have regard to:
      •          the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour);
      •          the need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor;
      •          the need to ensure that the sale, supply and consumption of liquor, and the operation of licensed premises, contributes to, and does not detract from, the amenity of community life; and
      •          the need to support employment and other opportunities in the live music industry, and arts, tourism, community and cultural sectors.
11.          Subsection 8(8) provides that the Liquor Act 2007 (NSW) is further modified in its application at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport, as set out in Part 1 of Schedule 2.
12.          Consistent with the approach taken in other states and territories, these modifications are intended to provide airport-operator companies with an opportunity to input into decisions around liquor licences on the airport site, generally in the place of a local government authority (recognising that an airport operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport.
13.          The schedule also includes a modification to retain existing controls in relation to gaming machines at these airports alongside the transition to the NSW liquor regime.
14.          Further detail on specific modifications is included in explanatory material for Part 1 of Schedule 2. For the avoidance of doubt, modifications outlined in Part 1 of Schedule 2 are in addition to the modifications set out in subsection 8(2) to subsection 8(6).
15.          The latest version of the Liquor Act 2007 (NSW) is available at the NSW Legislation website (https://legislation.nsw.gov.au).

Section 9 – NSW – Modified application of Gaming and Liquor Administration Act

1.          Section 9 sets out modifications to the way the Gaming and Liquor Administration Act 2007 (NSW) applies in relation to the control of liquor at Sydney (Kingsford‑Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport.
2.          Subsection 9(2) provides that a reference in the Gaming and Liquor Administration Act 2007 (NSW) to a police officer is taken to include a reference to a member or special member of the AFP. The subsection clarifies that such persons are not key officials for the purposes of the Gaming and Liquor Administration Act 2007 (NSW).
   
   •          These modifications are intended to ensure that sworn AFP police officers may support the relevant NSW Government agencies and the NSW Police Force in enforcing state liquor laws at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport as necessary, without deeming such persons to be ‘key officials’.
   •          Under the Gaming and Liquor Administration Act 2007 (NSW), ‘key officials’ perform functions that are more related to the overarching operation of the legislation in NSW, as opposed to its application in specific instances.
   •          Investigative or regulatory powers under the Gaming and Liquor Administration Act 2007 (NSW) have not been conferred on protective service officers or special protective service officers of the AFP.
3.          Subsection 9(3) provides that section 11 of the Gaming and Liquor Administration Act 2007 (NSW) applies as if a reference to the Commissioner of Police includes a reference to the Commissioner of the AFP, and a reference to the NSW Police Force includes a reference to the AFP.
   •          This modification is necessary to provide that the Secretary responsible for Liquor and Gaming NSW, and the NSW Independent Liquor and Gaming Authority, may enter into arrangements with the AFP, alongside the NSW Police Force, for the supply of information in police records to assist in the effective administration of liquor legislation.
   •          This modification is necessary to enable the AFP to enter into arrangements with NSW for the supply of relevant information, noting that the AFP will be supporting enforcement activities at relevant airports.
4.          The latest version of the Gaming and Liquor Administration Act 2007 (NSW) is available at the NSW Legislation website (https://legislation.nsw.gov.au).

Section 10 – Transitional – existing liquor licences and sub-licences at NSW airports

1.          This section sets out how licences or sub-licences granted under Part 1A of the 1997 Regulations are to transition across to the NSW regulatory regime.

General licences and sub-licences

1.          Subsection 10(1) provides that a person who, immediately before the commencement of this instrument, held a general licence or sub-licence granted under Part 1A of the 1997 Regulations in respect of premises is taken to have been granted the following kind of licence under the Liquor Act 2007 (NSW):
   •          if the general licence or sub-licence related to a business in which liquor was sold or supplied for consumption on the licensed premises – an on-premises licence in respect to those premises;
   •          if the general licence or sub-licence related to a business in which liquor was sold or supplied only for consumption away from the licensed premises – a packaged liquor licence in respect of those premises.
2.          This subsection is intended to transition each general licence or sub-licence granted under Part 1A of the 1997 Regulations in force immediately before 1 April 2026 to the equivalent licence under the Liquor Act 2007 (NSW).
3.          In instances where a holder of a general licence or sublicence under Part 1A of the 1997 Regulations is uncertain of the licence/s they are taken to hold under the NSW regulatory regime, the holder may engage with Liquor and Gaming NSW or the department to confirm the relevant licence/s the person is taken to hold under the Liquor Act 2007 (NSW) by operation of this subsection.
   •          In 2026, Liquor and Gaming NSW could be contacted in relation to how licences transition via new.applications@liquorandgaming.nsw.gov.au.
   •          In 2026, the section within the department responsible for administration of Part 1A of the 1997 Regulations could be contacted via Regulation@infrastructure.gov.au.

Passenger terminal licences

1.          Subsection 10(2) provides that a person who, immediately before the commencement of this instrument, held a passenger terminal licence granted under Part 1A of the 1997 Regulations for a passenger terminal is taken to have been granted the following kind of licence under the Liquor Act 2007 (NSW):
   •          if the licensee operated a business in an area of the passenger terminal in which liquor was sold or supplied for consumption in that area – an on-premises licence in respect to that area;
   •          if the licensee operated a business in an area of the passenger terminal in which liquor was sold or supplied only for consumption away from that area – a packaged liquor licence in respect to that area.
2.          This subsection is intended to provide that the holder of a passenger terminal licence granted under Part 1A of the 1997 Regulations in force immediately before 1 April 2026 may continue to sell or supply liquor within its own right in specific areas of the passenger terminal where it operated such a business, rather than in premises where it had granted a sub-licence (which are transitioned by operation of subsection 10(1)).
   •          The holder of a passenger terminal licence is taken to have been granted the relevant licence for the area under the Liquor Act 2007 (NSW), in a manner consistent with subsection 10(1).
   •          The other powers that the holder of a passenger terminal licence could exercise under Part 1A of the 1997 Regulations do not have an equivalent under the Liquor Act 2007 (NSW) and are not transitioned across to the NSW regulatory regime.
     
3.          In instances where a holder of a passenger terminal licence under Part 1A of the 1997 Regulations is uncertain of the licence/s they are taken to hold under the NSW regulatory regime, and for which areas within the passenger terminal, the holder may engage with Liquor and Gaming NSW or the department to confirm the relevant licence/s the person is taken to hold under the Liquor Act 2007 (NSW) by operation of this subsection.
   •          In 2026, Liquor and Gaming NSW could be contacted in relation to how licences transition via new.applications@liquorandgaming.nsw.gov.au.
   •          In 2026, the section within the department responsible for administration of Part 1A of the 1997 Regulations could be contacted via Regulation@infrastructure.gov.au.

Conditions on new licence

1.          Subsection 10(3) provides that a licence under the Liquor Act 2007 (NSW) that is taken to have been granted under subsection 10(1) or subsection 10(2) is subject, at the commencement of this instrument, to the conditions that the licence or sub-licence held under Part 1A of the 1997 Regulations that formed the basis for the deemed grant was subject to, other than:
   •          any such condition that is inconsistent with the Liquor Act 2007 (NSW) as modified by this instrument; and
   •          any such condition that required the licensee to comply with a policy or direction of an airport-operator company, or the terms of a lease or licence to occupy the premises.
2.          This subsection is intended to ensure that conditions that a licence or sub-licence was subject to under 1997 Regulations effectively transition to the licence deemed to be granted under the Liquor Act 2007 (NSW), without unintentionally transitioning any conditions that would not be able to be applied under the Liquor Act 2007 (NSW).
   •          The subsection explicitly excludes the transfer of conditions specific to enabling the holder of a passenger terminal licence to ensure that sub-licensees comply with any requirements the passenger terminal licence holder imposed on a sub-licence (given that sub-licence holders are taken to hold the relevant licence under the Liquor Act 2007 (NSW) in their own right).
3.          This is consistent with the approach taken in transitioning licences to the equivalent state or territory regime in other jurisdictions under the 1997 Regulations at the time of airport privatisation.
4.          Subsection 10(4) clarifies that a licence is subject to any conditions imposed on the licence by the Liquor Act 2007 (NSW) or regulations made under that Act. This is consistent with the approach taken in transitioning licences to the equivalent state or territory regime in other jurisdictions under the 1997 Regulations at the time of airport privatisation.
   
5.          Subsection 10(5) is included for the avoidance of doubt, to clarify that subsection 10(3) and subsection 10(4) do not affect (or limit) the powers of the Authority or the Secretary under the Liquor Act 2007 (NSW) to subsequently impose a condition on, or vary or revoke a condition of, a licence that is taken to have been granted under this section.

Function licences

1.          Subsection 10(6) and subsection 10(7) are savings provisions, and are intended to provide that any function licence granted under Part 1A of the 1997 Regulations continues to have effect, despite the repeal of the 1997 Regulations, to enable any approved functions to be held without requiring further approval under the Liquor Act 2007 (NSW).
2.          Subsection 10(6) sets out that despite the repeal of the 1997 Regulations, a function licence granted under Part 1A of the 1997 Regulations which had not yet ceased to be in force when this instrument commenced (including a licence that had been granted but not yet come into force):
   •          continues to have effect as if the 1997 Regulations had not been repealed; and
   •          despite anything in the Liquor Act 2007 (NSW), authorises the sale or supply of liquor at the premises and airport site specified in the licence according to the terms and condition of the licence.
3.          Subsection 10(7) sets out that the function licence ceases to be in force when it would have ceased to be in force under paragraph 4AR(2)(b) of the 1997 Regulations.
4.          These provisions have been included to ensure that any functions approved, but not held before 1 April 2026, may be held under existing function licences, without requiring further approval under the Liquor Act 2007 (NSW).
   •          This approach has been taken, rather than transitioning the function licence to an equivalent licence under the NSW regime, as there are not clear equivalents to the function licence under the NSW regime.
   •          In 2026, there were not any current function licences in force under Part 1A of the 1997 Regulations. Nevertheless, this savings provision has been included to account for any potential licences that may be granted between the making of the Regulations, and their commencement.

Section 11 – Victoria – Modifications of Liquor Control Reform Act

1.          Subsection 11(1) provides that the Liquor Control Reform Act 1998 (Vic.) is modified in its application at an activity-controlled airport in Victoria as set out in Part 2 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 2 of Schedule 2.
2.          Subsection 11(2) provides that the Liquor Control Reform Act 1998 (Vic.) is further modified in its application to Melbourne (Tullamarine) Airport as set out in Part 3 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 3 of Schedule 2. For the avoidance of doubt, modifications outlined in Part 3 of Schedule 2 are applied in addition to modifications in Part 2 of Schedule 2.
3.          The latest version of the Liquor Control Reform Act 1998 (Vic.) is available at the Victorian Legislation website (https://www.legislation.vic.gov.au).
4.          This section has largely the same effect as regulation 23 in the 1997 Regulations.
5.      Transitional provisions in the 1997 Regulations relating to the control of liquor at leased federal airports in Victoria have been spent, and are not included in the Regulations.

Section 12 – Queensland – Modifications of Liquor Act

1.      Section 12 provides that the Liquor Act 1992 (Qld) is modified in its application at the terminal areas of Gold Coast Airport and Townsville Airport as set out in Part 4 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 4 of Schedule 2.
2.      The latest version of the Liquor Act 1992 (Qld) is available at the Queensland Legislation website (https://www.legislation.qld.gov.au).
3.      This section has largely the same effect as regulation 40 in the 1997 Regulations.
4.      Transitional provisions in the 1997 Regulations relating to the control of liquor at leased federal airports in Queensland have been spent, and are not included in the Regulations.

Section 13 – Western Australia – Modifications of Liquor Control Act

1.      Section 13 provides that the Liquor Control Act 1988 (WA) is modified in its application at Perth Airport as set out in Part 5 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 5 of Schedule 2.
2.      The latest version of the Liquor Control Act 1988 (WA) is available at the Western Australian Legislation website (https://www.legislation.wa.gov.au).
3.      This section has largely the same effect as regulation 64 in the 1997 Regulations.
4.      Transitional provisions in the 1997 Regulations relating to the control of liquor at leased federal airports in Western Australia have been spent, and are not included in the Regulations.

Section 14 – South Australia – Modifications of Liquor Licensing Act

1.      Section 14 provides that the Liquor Licensing Act 1997 (SA) is modified in its application at the terminal areas of Adelaide Airport and Parafield Airport as set out in Part 6 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 6 of Schedule 2.
2.      The latest version of the Liquor Licensing Act 1997 (SA) is available at the South Australian Legislation website (https://www.legislation.sa.gov.au).
3.      This section has largely the same effect as regulation 57 in the 1997 Regulations.
4.      Transitional provisions in the 1997 Regulations relating to the control of liquor at leased federal airports in South Australia have been spent, and are not included in the Regulations.
   

Section 15 – Tasmania – Modifications of Liquor Licensing Act

1.      Section 15 provides that the Liquor Licensing Act 1990 (Tas.) is modified in its application at the terminal areas of Hobart International Airport and Launceston Airport as set out in Part 7 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 7 of Schedule 2.
2.      The latest version of the Liquor Licensing Act 1990 (Tas.) is available at the Tasmanian Legislation website (https://www.legislation.tas.gov.au).
3.      This section has largely the same effect as regulation 77 in the 1997 Regulations.
4.      Transitional provisions in the 1997 Regulations relating to the control of liquor at leased federal airports in Tasmania have been spent, and are not included in the Regulations.

Section 16 – Australian Capital Territory – Modified application of Liquor Act

1.      Section 16 sets out modifications in the way that the Liquor Act 2010 (ACT) applies to Canberra Airport.
2.      The latest version of the Liquor Act 2010 (ACT) is available at the Australian Capital Territory Legislation Register (https://www.legislation.act.gov.au).
3.      Subsection 16(2) provides that a requirement in the Liquor Act 2010 (ACT) relating to compliance with the ACT Government’s Territory Plan does not apply in relation to premises located at Canberra Airport.
   •          This modification has been made to account for Canberra Airport being on Commonwealth land, which means that the ACT Government’s Territory Plan does not apply in relation to activities on the airport site. The planning regime at Canberra Airport instead operates under the Act.
4.      Subsection 16(3) provides that a reference in the Liquor Act 2010 (ACT) to ‘final floor plans approved by the territory planning authority’ is taken to be a reference to floor plans consented to by an airport-operator company.
   •          This modification has been made to account for Canberra Airport being on Commonwealth land, which means that the ACT Government’s planning authority has no role in approving planning or building applications (including proposed floor plans) on airport land. Instead, floor plans should be consented to by an airport‑operator company for Canberra Airport.
5.      Subsection 16(4) provides that a reference in the Liquor Act 2010 (ACT) to a ‘certificate of occupancy for premises’ is taken to be a reference to documentation that evidences the consent of an airport-operator company for Canberra Airport to the occupancy of the premises.
   •          This modification has been made to account for Canberra Airport being on Commonwealth land, which means that the ACT Government’s planning authority has no role in providing certificates of occupancy on airport land. Instead, this should refer to documentation that evidences the consent of an airport-operator company for Canberra Airport to the occupancy of the premises.
6.      Section 16 has largely the same effect as subregulation 84(1), and Part 7 of Schedule 1 in the 1997 Regulations. These modifications have been applied generally in the Regulations, instead of making modifications in reference to specific provisions.
7.      Transitional provisions in the 1997 Regulations relating to the control of liquor at leased federal airports in the Australian Capital Territory have been spent, and are not included in the Regulations. Similarly, Part 8 and Part 9 in Schedule 1 of the 1997 Regulations have not been included in the Regulations, as the modifications are no longer necessary.

Section 17 – Northern Territory– Modifications of Liquor Act

1.      Subsection 17(1) provides that the Liquor Act 2019 (NT) is modified in its application to Darwin International Airport and Alice Springs Airport as set out in Part 8 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 8 of Schedule 2.
2.      Subsection 17(2) provides that the Liquor Act 2019 (NT) is further modified in its application to the terminal areas of Darwin International Airport and Alice Springs Airport as set out in Part 9 of Schedule 2. Further detail on specific modifications is included in explanatory material for Part 9 of Schedule 2. For the avoidance of doubt, modifications outlined in Part 9 of Schedule 2 are applied in addition to the modifications in Part 8 of Schedule 2.
3.      The latest version of the Liquor Act 2019 (NT) is available at the Northern Territory Legislation website (https://legislation.nt.gov.au).
4.      This section has been updated to reflect that the Liquor Act 2019 (NT) replaces the Liquor Act (NT) referenced in regulation 90 in the 1997 Regulations, which has been repealed.
5.      Transitional provisions in the 1997 Regulations relating to the control of liquor at leased federal airports in the Northern Territory have been spent, and are not included in the Regulations.
   

Part 3 – Commercial trading

1.      Part 3 is made for the purposes of section 171 and section 177 of the Act, and provides the framework for regulation of commercial trading at leased federal airports. Part 3 makes specific, limited modifications to how relevant state commercial trading laws are applied at specific activity‑controlled airports, or provides that specific state laws limiting shop opening days and trading hours do not apply at the identified activity‑controlled airports.
2.      To the extent possible, equivalent modifications are generally applied across jurisdictions to provide an appropriate regulatory regime for major domestic and international airports that operate on a 24-hour basis, every day of the year, while recognising that smaller regional or metropolitan airports should generally operate within a community environment.
3.      With these modifications, relevant state commercial trading laws are otherwise applied on the airport site as Commonwealth law (to the extent they are able to do so), in accordance with the Commonwealth Places (Application of Laws) Act 1970.
4.      Consistent with section 177 of the Act, commercial trading operations at airports not listed in this part are controlled under relevant state and territory laws. The policy settings for these airports remains consistent with the approach taken in the 1997 Regulations.

Relationship to 1997 Regulations

1.      This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace.
2.      Transitional provisions in the 1997 Regulations relating to the transfer of authorities to carry on commercial trading generally, and specifically at leased federal airports in South Australia and NSW, have been spent, and are not included in the Regulations.

Section 18 – Purposes of Part

1.      This provision has been included to make clear that this Part is made for the purposes of section 171 and section 177 of the Act. An equivalent provision was not included in the 1997 Regulations.

Section 19 – NSW – modified application of Retail Trading Act

1.      Section 19 provides that section 4 of the Retail Trading Act 2008 (NSW) does not apply to a shop predominantly used for consumer trading that is located on Sydney (Kingsford-Smith) Airport or Sydney West Airport.
   •          Section 4 of the Retail Trading Act 2008 (NSW) would otherwise provide that all shops must be kept closed at all times on Good Friday, Easter Sunday, Anzac Day, Christmas Day and Boxing Day.
     
   •          This ensures that shops predominantly used for consumer trading at Sydney (Kingsford-Smith) Airport and Sydney West Airport are able to sell goods and services to consumers on the airport site every day of the year, noting that flights are (or will be) arriving and departing from these airports every day of the year.
2.      The latest version of the Retail Trading Act 2008 (NSW) is available at the NSW Legislation website (https://legislation.nsw.gov.au).
3.      This section has largely the same intended effect as regulation 99 in the 1997 Regulations. The section has been updated to more closely align with provisions in the Act, and meet modern drafting standards.
4.      Transitional provisions included in regulation 100 in the 1997 Regulations, which set out arrangements for transitional authorisations at other leased federal airports in NSW, have been spent, and are not included in the Regulations.

Section 20 – Victoria – modified application of Shop Trading Reform Act

1.      Section 20 provides that a shop predominantly used for consumer trading that is located at Melbourne (Tullamarine) Airport is taken to be an exempt shop for the purposes of the Shop Trading Reform Act 1996 (Vic).
   •          This has the effect of ensuring there are no restrictions on trading hours, or opening days, for shops predominantly used for consumer trading operating at Melbourne (Tullamarine) Airport.
   •          This modification ensures that shops predominantly used for consumer trading at Melbourne (Tullamarine) Airport are able to sell goods and services to consumers on the airport site every day of the year, without restrictions on trading hours, noting that flights are arriving and departing from Melbourne (Tullamarine) Airport 24 hours a day, every day of the year.
2.      The latest version of the Shop Trading Reform Act 1996 (Vic.) is available at the Victorian Legislation website (https://www.legislation.vic.gov.au).
3.      This section has largely the same intended effect as regulation 101 in the 1997 Regulations. The section has been updated to more closely align with provisions in the Act, and meet modern drafting standards.

Section 21 – Queensland – Trading (Allowable Hours) Act does not apply

1.      Section 21 provides that the Trading (Allowable Hours) Act 1990 (Qld) does not apply to a shop predominantly used for consumer trading that is located on Brisbane Airport, Gold Coast Airport, Townsville Airport, or Archerfield Airport.
   •          This has the effect of ensuring there are no restrictions on trading hours, or opening days, for shops predominantly used for consumer trading operating at Brisbane Airport, Archerfield Airport, Gold Coast Airport or Townsville Airport.
     
   •          This ensures that shops predominantly used for consumer trading at these airports are able to sell goods and services to consumers on the airport site every day of the year, without restrictions on trading hours, noting that flights are arriving and departing from these airports every day of the year.
2.      The latest version of the Trading (Allowable Hours) Act 1990 (Qld) is available at the Queensland Legislation website (https://www.legislation.qld.gov.au).
3.      This section has largely the same intended effect as regulation 102 in the 1997 Regulations. The section has been updated to more closely align with provisions in the Act, and meet modern drafting standards.

Section 22 – Western Australia – Retail Trading Hours Act does not apply

1.      Section 22 provides that the Retail Trading Hours Act 1987 (WA) does not apply to a shop predominantly used for consumer trading at Perth Airport.
   •          This has the effect of ensuring there are no restrictions on trading hours, or opening days, for shops predominantly used for consumer trading operating at Perth Airport.
   •          This ensures that shops predominantly used for consumer trading at Perth Airport are able to sell goods and services to consumers on the airport site every day of the year, without restrictions on trading hours, noting that flights are arriving and departing from the airport every day of the year.
2.      The latest version of the Retail Trading Hours Act 1987 (WA) is available at the Western Australian Legislation website (https://www.legislation.wa.gov.au).
3.      This section has largely the same intended effect as regulation 104 in the 1997 Regulations. The section has been updated to more closely align with provisions in the Act, and meet modern drafting standards.

Section 23 – South Australia – Shop Trading Hours Act does not apply

1.      Section 23 provides that the Shop Trading Hours Act 1977 (SA) does not apply to a shop predominantly used for consumer trading that is located in the terminal area of Adelaide Airport or Parafield Airport.
   •          This has the effect of ensuring there are no restrictions on trading hours, or opening days, for shops predominantly used for consumer trading operating within the terminal areas at Adelaide Airport or Parafield Airport.
   •          This ensures that shops predominantly used for consumer trading within the terminal area at these airports are able to sell goods and services to consumers on the airport site every day of the year, without restrictions on trading hours, noting that flights are arriving and departing from these airports every day of the year.
2.      The latest version of the Shop Trading Hours Act 1977 (SA) is available at the South Australian Legislation website (https://www.legislation.sa.gov.au).
3.      This section has largely the same intended effect as subregulation 103(1) in the 1997 Regulations. The section has been updated to more closely align with provisions in the Act, and meet modern drafting standards.
4.      Transitional provisions included in subregulation 103(2) in the 1997 Regulations, which set out arrangements for transitional authorisations outside of terminal areas, have been spent, and are repealed.
   

Part 4 – Vehicles

1.      Part 4 is made for the purposes of section 172 and 177 of the Act, and provides the framework for the regulation of vehicle movements, including parking, at leased federal airports.
2.      The Part provides for different controls on the airside and landside of airport sites.

Airside controls

1.      The airside area of an airport site refers to the area where aircraft operations occur, where access is restricted. The airside area of a specific airport is generally outlined in an Airside Vehicle Control Handbook published by an airport-operator company for the relevant airport.
   •          The Handbook for each leased federal airport is publicly available and generally published on the relevant airport‑operator company’s website. Further detail on the Handbook is included against explanatory material for Division 4, and particularly section 50.
2.      In addition, under the Aviation Transport Security Act 2004, an airport may be declared as a security controlled airport. These declarations also outline the extent of airside areas at these security controlled airports.
   •          The latest version of the Aviation Transport Security Act 2004 is available at the FRL (https://www.legislation.gov.au).
   •          Current declarations of security controlled airports under the Aviation Transport Security Act 2004 are also available at the FRL (https://www.legislation.gov.au).
   •          In 2026, declarations specifying airside areas were in place for the following airports covered by this Part: Adelaide Airport, Alice Springs Airport, Archerfield Airport, Brisbane Airport, Bankstown Airport, Canberra Airport, Darwin International Airport, Essendon Airport, Gold Coast Airport, Hobart International Airport, Jandakot Airport, Launceston Airport, Melbourne (Tullamarine) Airport, Moorabbin Airport, Mount Isa Airport, Parafield Airport, Perth Airport, Sydney (Kingsford‑Smith) Airport, Tennant Creek Airport, and Townsville Airport.
   •          In 2026, declarations specifying airside areas were not in place for the following airports covered by this Part: Camden Airport and Sydney West Airport.
3.      Regulations relating to the control of airside vehicles are included in Division 3 and Division 4 of this Part.

Landside controls

1.      The landside area of an airport site conversely refers to the areas of the airport site that are not identified as airside areas, and are generally accessible to the public.
   •          Where relevant, the landside areas of an airport subject to vehicle parking and operation controls under the Regulations are outlined in a Parking Signage Plan for the relevant airport.
   •          The Parking Signage Plan for these airports are publicly available, and published on the relevant airport‑operator company’s website. Further detail is included against explanatory material for Division 2, and particularly section 28.
2.      Regulations relating to the control of landside vehicles are included in Division 2 of this Part.

Offences

1.      Part 4 includes various offences for contraventions of a provision within the Part. Section 175 of the Act provides that the regulations made for the purposes of Part 11 of the Act may prescribe penalties not exceeding 50 penalty units for offences against the regulations. All penalties prescribed in this Part are below 50 penalty units.

Relation to 1997 Regulations

1.      This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace.
2.      There have also been a variety of technical updates to the operation of the Part, which are outlined for each Division below.

Division 1 – Preliminary

1.      This Division sets out the purpose of the Part and provides the meaning of an authorised person for Division 2, Division 3 and Division 4 of this Part.

Section 24 – Purposes of Part

1.      This provision has been included to make clear that this Part is made for the purposes of section 172 and section 177 of the Act. An equivalent provision was not included in the 1997 Regulations.

Section 25 – Meaning of authorised person

1.      Section 25 sets out that an authorised person for an airport in, or in relation to, a provision in this Part means a person appointed by the Secretary as an authorised person for the airport for the purposes of the provision.
   •          Further information on who the Secretary may appoint as an authorised person for Division 2, Division 3 and Division 4 is included against explanatory material for section 41, section 48, and section 61 respectively.
2.      Section 25 has largely the same intended effect as the definitions for authorised person included in regulation 106 and regulation 115 in the 1997 Regulations. The section has been added to simplify these provisions in Division 2 and Division 3, and now also consistently defines an authorised person for provisions in Division 4.

Division 2 – Landside vehicle parking and operation

1.      The leased federal airports were privatised by way of long-term leases from the mid‑1990s. At the time of privatisation, the Australian Government required each of the leased federal airport operators to establish rules and enforcement mechanisms for the management of vehicles throughout their landside areas. Most deferred to state (and territory) government and local government parking regimes.
2.      This Division provides a framework for administering landside vehicle parking and operation arrangements at eight specific leased federal airports: Sydney (Kingsford‑Smith) Airport, Melbourne (Tullamarine) Airport, Brisbane Airport, Perth Airport, Gold Coast Airport, Hobart International Airport, Launceston Airport, and Townsville Airport.
3.      Each of these airports were unable to reach agreements to manage landside traffic under relevant state or territory and local government parking and vehicle operation regimes during privatisation.
4.      This Division enables the control of landside vehicle movement and parking at these airports to ensure vehicle traffic is managed in a safe, secure and efficient manner.
5.      Consistent with section 177 of the Act, landside parking and vehicle control at airports not covered by this Division is regulated under relevant state laws (as applied by the Commonwealth Places (Application of Laws) Act 1970), or relevant territory laws, as appropriate.

Section 26 – Airports to which this Division applies

1.      Section 26 provides that this Division applies to specific leased federal airports.
2.      The section provides that this Division applies to Sydney (Kingsford‑Smith) Airport, Melbourne (Tullamarine) Airport, Brisbane Airport, Perth Airport, Gold Coast Airport, Hobart International Airport, Launceston Airport, and Townsville Airport.
3.      This is consistent with the airports to which this Division applied to in the 1997 Regulations.

Section 27 – Definitions

1.      Section 27 provides an additional definition that has effect in Division 2 of Part 4 of the Regulations.
2.      This section outlines that when the term parking control provision is used in this instrument, it means a provision in Part 12 of the Australian Road Rules (as applied by section 30 of this instrument), or section 35 of this instrument. Further detail is included against explanatory material for section 30 and section 35.
3.      This provision has been substantially rationalised from regulation 106 in the 1997 Regulations, to reduce duplication of terms that are defined in the Act, the Australian Road Rules, or section 4 of this instrument.

Section 28 – Parking signage plan

1.      Section 28 sets out requirements in relation to parking signage plans for the leased federal airports covered by this Division.
2.      Subsection 28(1) provides that an airport-operator company for an airport must have a parking signage plan for the airport which describes:

• the landside areas of the airport where offences under sections 34 and 35 apply; and
• the traffic control devices used on the landside area of the airport to identify areas to which those offences apply.

1.      Subsection 28(2) requires that an airport-operator company must give the Secretary a copy of the parking signage plan:

• within 10 business days after the beginning of each financial year; and
• as soon as practicable after the parking signage plan is varied at any other time of year.

1.      Subsection 28(3) requires that as soon as practicable after the parking signage plan is given to the Secretary, the airport‑operator company must also publish the plan on the airport’s website, and give a copy of the plan to the AFP, and the police force or service of the state in which the airport is located.
2.      Subsection 28(1) to subsection 28(3) have largely the same intended effect as paragraph 106BA(1)(a), and subregulations 106BA(1A), 106BA(2), and 106BA(4), in the 1997 Regulations, which outlined requirements in relation to parking signage plans. These subsections also incorporate requirements for variations of parking signage plans that were outlined in regulation 106BB in the 1997 Regulations. These provisions have been consolidated to reduce duplication, simplify the Division and clarify requirements for parking signage plans.
3.      Subsection 28(4) provides that if there is more than one airport-operator company for the airport, the requirements in this section only need to be met by one company.
   •          This provision has been added to clarify that only one airport-operator company for an airport site needs to meet this requirement, to correctly account for instances where there may be more than one airport-operator company for a given airport.
     

Section 29 – Standard operating procedures for parking

1.      Section 29 sets out requirements for standard operating procedures for landside vehicle movements at the leased federal airports covered by this Division. This section is intended to ensure that:

• there are appropriate arrangements in place for airport‑operator companies to administer landside vehicle movements at these airports in a manner consistent with requirements under the Regulations; and
• there are clear procedures in place to support authorised persons in exercising powers under this Division (and to support infringement officers in issuing infringement notices relating to this Division).

1.      Subsection 29(1) provides that an airport‑operator company must have standard operating procedures in relation to landside vehicles at the airport. The subsection requires that these standing operating procedures set out:

• the powers of authorised persons for the airport under this Division and procedures designed to ensure that authorised persons exercise those powers in a suitable manner;
• policies for dealing with people who park or use a vehicle on the landside of the airport, including:
  • the rights and obligations of those people in relation to parking or using a vehicle on the landside of the airport;
  • processes for managing compliance by those people with those obligations (other than issuing infringement notices); and
  • procedures for dealing with complaints from those people about parking or using a vehicle on the landside of the airport; and
• the procedures to be followed for issuing an infringement notice for an offence against a provision within this Division, payment and collection of the penalty in a notice, and withdrawing a notice; and
• the procedures to be followed in relation to moving a vehicle under section 38.

1.      Subsection 29(2) requires that an airport-operator company for an airport must give the Secretary a copy of the standard operating procedures within 10 business days of the beginning of each financial year.
2.      Subsection 29(1) and subsection 29(2) have largely the same intended effect as paragraph 106BA(1)(b), and subregulations 106BA(3), and 106BA(5), in the 1997 Regulations, which outlined requirements for standard operating procedures in relation to landside vehicles. These provisions in the 1997 Regulations have been moved to a separate section to simplify the Division and clarify requirements for these standard operating procedures.
3.      Subsection 29(3) provides that if there is more than one airport-operator company for the airport, the requirements in this section only need to be met by one company.
   •          This provision has been added to clarify that only one airport-operator company for an airport site needs to meet this requirement, to correctly account for instances where there may be more than one airport-operator company for a given airport.

Section 30 – Application of Australian Road Rules

1.      Section 30 outlines how the Australian Road Rules are applied in relation to the landside of an airport covered by this Division.
2.      Subsection 30(1) provides that Part 12 of the Australian Road Rules (Restrictions on Stopping and Parking) applies in relation to the landside of an airport.
3.      Subsection 30(2) provides that other provisions of the Australian Road Rules apply in relation to the landside of an airport to the extent they relate to provisions in Part 12. This subsection clarifies that other parts of the Australian Road Rules also apply on the landside of the airport site, insofar as they relate to provisions in Part 12. For example:

• Part 19 of the Australian Road Rules provide exemptions from provisions (such as for emergency vehicles and police vehicles), including provisions in Part 12.
• Part 20 of the Australian Road Rules provides for the form and application of traffic signs, including traffic signs relevant to Part 12.
• The Dictionary at the end of the Australian Road Rules defines the meaning of terms used in Part 12.

1.      However, subsection 30(3) makes clear that for the purposes of the Australian Road Rules, vehicle has the same meaning as in subsection 172(2) of the Act. This provision is included to better align the Regulations with the Act.
2.      Section 30 has largely the same intended effect as regulation 106E in the 1997 Regulations. The section has been updated to generally reference aspects of the Australian Road Rules that were more explicitly outlined in the 1997 Regulations. These updates have been made to reduce duplication, simplify the Division, clarify requirements, and more effectively apply the Australian Road Rules at relevant airports.

Section 31 – Operation of State laws on stopping and parking

1.      Section 31 is made for the purposes of subsection 177(2) of the Act. Of specific relevance to this Division, subsection 177(2) of the Act provides that regulations may declare that a specific law of a state has no effect at a specified airport to the extent to which the law makes provision in relation to a matter referred to in section 172 of the Act (which relates to control of vehicle movements).
   
2.      Section 31 provides that:

• Part 12 of the Road Rules 2014 (NSW) has no effect within the landside of Sydney (Kingsford‑Smith) Airport or Gold Coast Airport;
• Part 12 of the Road Safety Rules 2017 (Vic.) has no effect within the landside of Melbourne (Tullamarine) Airport;
• Part 12 of the Transport Operations (Road Use Management – Road Rules) Regulation 2009 (Qld) has no effect within the landside of Brisbane Airport, Gold Coast Airport, or Townsville Airport;
• Part 12 of the Road Traffic Code 2000 (WA) has no effect within the landside of Perth Airport; and
• Part 12 of the Road Rules 2019 (Tas.) has no effect within the landside of Hobart International Airport or Launceston Airport.

1.      Section 31 has largely the same intended effect as regulation 106B in the 1997 Regulations. The section has been updated to better align with the Act, and make clear which specific parts of the road rules in force within each state do not apply on an airport site covered by this Division.

Section 32 – Installation of traffic control devices

1.      Paragraph 172(1)(b) of the Act enables the Regulations to provide for signs and road markings for the purposes of prohibiting or regulating the parking or use of vehicles within a specified airport.
2.      Section 32 provides that an airport‑operator company for an airport may install traffic control devices on the landside of an airport, subject to requirements outlined in this section.
3.      Subsection 32(1) provides that, subject to this section, an airport-operator company for an airport may install a traffic control device on the landside of the airport only if the device complies substantially with the Australian Road Rules (within the meaning of rule 316 of those Rules).
   •          This subsection is intended to ensure traffic control devices on the landside of the airport are consistent with the Australian Road Rules, noting compliance with these signs are an important aspect of adhering to requirements of the Australian Road Rules.
4.      Subsection 32(2) provides that an airport-operator company may install a traffic control device to indicate that taxi drivers must not leave their taxies unattended in a taxi zone on the landside of an airport.
5.      Subsection 32(3) provides that in circumstances where there is a likelihood of loss or injury, or of interference with the normal flow of traffic, an airport-operator company for an airport may install traffic control devices on the landside of the airport to avoid the loss, injury or interference.
   •          This subsection is intended to enable an airport-operator company to install traffic control devices on the airport site to ensure the parking and movement of vehicles can be managed in a safe, secure and efficient manner.
6.      Subsection 32(4) requires that any traffic control device must be installed in a way that prominently and clearly identifies the area to which the device applies. This is to ensure that drivers understand the rules that apply within a given part of the landside of an airport.
7.      Section 32 has largely the same effect as regulation 106C in the 1997 Regulations. Subsection 32(2) has been added to more explicitly clarify that an airport-operator company may install a traffic control device for this purpose.
   •          While the Australian Road Rules do not provide for this kind of traffic control device, these devices are an important part of ensuring the substantial taxi traffic in designated taxi areas at an airport site is managed in a safe, secure and efficient manner.

Section 33 – Permits to stop a vehicle in a permit zone

1.      Section 33 provides that an airport-operator company for an airport may issue a permit for a vehicle to stop in a permit zone on the landside of the airport. The section requires that the permit must be issued in writing, and in a form that can be displayed on a vehicle.
2.      Section 33 has the same intended effect as regulation 106D in the 1997 Regulations.

Section 34 – Offences against Australian Road Rules on stopping and parking

1.      Section 34 provides that a person who is on the landside of an airport commits an offence of strict liability if the person contravenes an offence provision in Part 12 of the Australian Road Rules. The offence is punishable on conviction by a penalty not exceeding the number of penalty units mentioned in Schedule 1 for the offence provision contravened and the airport at which the contravention occurs. Further information on these penalties is outlined in explanatory material for Schedule 1.
   •          It is appropriate that contraventions of Part 12 of the Australian Road Rules are offences of strict liability, as each of the offences are minor, readily understood, and easily proven, and where failure to comply is obvious and deserving of punishment. As the offences are framed as strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and parking on the landside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that these contraventions be considered offences of strict liability to ensure the effective control of vehicle operation and parking on the landside of an airport, to prevent loss, injury or interference with the normal flow of traffic. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
     
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
2.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.

Relation to 1997 Regulations

1.      Section 34 has largely the same intended effect as regulation 107 in the 1997 Regulations.
2.      Regulation 107 in the 1997 Regulations provided that it did not apply to a person who was a driver of an emergency vehicle that was driving a vehicle in the course of their duties at the time they contravened a provision of the Australian Road Rules.
3.      This has not been replicated in the Regulations, noting the inclusion of subsection 30(2), which provides that other provisions of the Australian Road Rules apply in relation to the landside of an airport to the extent that they relate to provisions in Part 12. This includes Part 19 of the Australian Road Rules, which provide exemptions from provisions for emergency vehicles and police vehicles.

Section 35 – Taxi drivers must not leave taxis unattended in certain areas

1.      Subsection 35(1) provides that the driver of a taxi commits an offence of strict liability if a traffic control device applying to a taxi zone on the landside of an airport indicates that taxis must not be left unattended in that zone, the taxi is in the taxi zone, and the driver leaves the taxi so that the driver is over 3 metres from the closest point of the taxi.
   •          It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment. As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and parking on the landside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that this contravention be considered an offence of strict liability to ensure the effective control of vehicle operation and parking on the landside of an airport, to prevent loss, injury or interference with the normal flow of traffic. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
2.      Subsection 35(2) and subsection 35(3) provide an offence against subsection 35(1) is punishable on conviction by a penalty not exceeding the number of penalty units mentioned in the table under subsection 35(2) for the airport at which the offence occurs.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
3.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
4.      Section 35 has the same intended effect as regulation 108 in the 1997 Regulations.

Section 36 – Drivers of taxis, hire cars and public buses to show authority cards

1.      Section 36 provides that a person commits an offence of strict liability if:

• the person is driving a taxi, hire vehicle or public bus on the landside of an airport;
• the operation of such a vehicle is regulated in the state where the airport is located;
• an authorised person for the airport asks the driver to show the authorised person evidence of the driver’s authority to operate the taxi, hire vehicle or public bus;
• the authorised person has shown the driver evidence of the authorised person’s identity; and
• the driver does not produce evidence of the driver’s authority to operate the taxi, hire vehicle, or bus.

1.      It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and parking on the landside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that this contravention be considered an offence of strict liability to ensure the effective control of vehicle operation and parking on the landside of an airport, to prevent loss, injury or interference with the normal flow of traffic. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
2.      This section also provides that the penalty for this offence is 3 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
3.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
4.      Section 36 has largely the same intended effect as regulation 109 in the 1997 Regulations. The section has been updated to clarify that the provision only applies in circumstances where the operation of a taxi, hire car or public bus is regulated in the state where the airport is located, to properly account for instances where this may not be the case.

Section 37 – Authorised person may direct that a vehicle be moved

1.      Subsection 37(1) provides that an authorised person for an airport may direct a driver who contravenes a parking control provision on the landside of the airport to move the driver’s vehicle.
2.      Subsection 37(2) provides that if a taxi, or the driver of a taxi, is causing interference with the operation of a taxi zone on the landside of an airport, an authorised person for the airport may direct the driver of the taxi to move the taxi.
3.      Subsection 37(3) provides that a person commits an offence of strict liability if the person is driving a vehicle on the landside of an airport, and an authorised person for the airport gives the person a direction under subsection 37(1) or subsection 37(2), and the person does not comply with this direction.
   •          It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment. As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and parking on the landside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that this contravention be considered an offence of strict liability to ensure the effective control of vehicle operation and parking on the landside of an airport, to prevent loss, injury or interference with the normal flow of traffic. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
4.      Subsection 37(3) also provides that the penalty for this offence is 3 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
5.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
6.      Subsection 37(4) provides that subsection 37(3) does not apply if the vehicle is an emergency or a police vehicle.

• Subsection 37(4) places an evidential burden on the driver to raise a reasonable possibility that the vehicle is an emergency vehicle or police vehicle. While this will be self‑evident in some instances, this inclusion is intended to account for instances when an emergency vehicle or police vehicle is not clearly marked as such, and as such knowledge of whether the vehicle is an emergency vehicle or police vehicle will be peculiarly in the knowledge of the driver, and it would be significantly more difficult and costly for the prosecution (or infringement officer) to raise the matter. If a defendant discharges the evidential burden, the prosecution would be required to disprove the matter beyond a reasonable doubt.
• The imposition of an evidential burden on a defendant in these circumstances is consistent with principles set out in section 4.3 of the Guide.
• In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).

1.      Section 37 has the same intended effect as regulation 110 in the 1997 Regulations. The section has been updated to better align with modern drafting standards.
   

Section 38 – Authorised person may move vehicle

Circumstances in which vehicle may be moved

1.      Subsection 38(1) provides that an authorised person for an airport may, with whatever assistance is reasonably necessary, move a vehicle on the landside of the airport to a place designated by an airport‑operator company for the airport if:

• the vehicle is used in contravention of a parking control provision, and the driver of the vehicle cannot be found in a reasonable time, or the driver of the vehicle fails to comply with a direction under subsection 37(1) or subsection 37(2); and
• the authorised person considers the vehicle is causing interference with the normal flow of traffic, a permit zone on the landside of the airport or the operation of an airport.

1.      Subsection 38(2) provides that an authorised person for an airport may move a vehicle to a place designated by an airport‑operator company for the airport if the vehicle appears to be abandoned on the landside of an airport.

Notice that vehicle has been moved

1.      Subsection 38(3) sets out requirements to provide notice that a vehicle has been moved in circumstances where the driver of a vehicle cannot be found, or a vehicle appears to be abandoned on the landside of an airport. In these circumstances, subsection 38(3) requires that the authorised person must, as soon as practicable after moving the vehicle:

• give the vehicle registration authority for the state (or territory) in which the vehicle is registered (if known) a notice in writing that identifies the vehicle, states that the vehicle has been moved, and how it can be retrieved; and
• take other reasonable steps to find the driver or registered owner of the vehicle and tell the driver or owner the vehicle has been moved, and how it can be retrieved, and that the vehicle may only be retrieved by the owner or a person acting for the owner.

1.      Subsection 38(4) provides that a vehicle registration authority for a state (or territory) that receives a notice may, in accordance with the laws of the state (or territory), inform the registered owner of the vehicle of the matters set out in the notice.

No liability for loss or damage

1.      Subsection 38(5) provides that an authorised person for an airport who moves a vehicle under this section, any person who assists the authorised person to do so, and an airport‑operator company for the airport, are not liable for any loss of, or damage to, the vehicle that occurs while the vehicle is being moved, or after it is moved and before it is retrieved by or for its owner.
   
   •          This immunity is necessary to ensure authorised persons and airport‑operator companies are able to effectively perform their duties and move and store vehicles as necessary to remove interferences to the flow of traffic, permit zones, and ultimately ensure the safe and efficient operation of the airport without civil liability for the performance of these duties.
   •          Inclusion of this immunity is necessary to ensure the power to move a vehicle is appropriately exercised in circumstances where moving a vehicle is necessary to ensure the continued safety of airport users, and the efficient flow of traffic. Hesitation or delay on the part of covered person caused by a perceived risk of civil liability could impede fast action, frustrating the intended purpose of the provision.
   •          This immunity is intentionally limited to only cover damage to vehicles being moved in accordance with this section, including the requirement, in the opinion of the authorised person, that the vehicle is causing interference with the normal flow of traffic, a permit zone on the landside of the airport or the operation of the airport. The provision does not make the Commonwealth immune in instances where the Commonwealth may be vicariously liable.
2.      Section 38 has the same intended effect as regulation 111 in the 1997 Regulations. The section has been updated to better align with modern drafting standards.

Section 39 – Owner of vehicle must pay costs of storage etc

1.      Section 39 provides that:

• if a vehicle on the landside of an airport is moved under section 38, an airport‑operator company for the airport may recover from the owner of the vehicle costs reasonably incurred in moving and storing the vehicle;
• the costs may be recovered by action in a court of competent jurisdiction; and
• the airport-operator company is not required to return the vehicle to the owner, or a person acting for the owner, if the costs have not been paid.

1.      Section 39 has the same intended effect as regulation 112 in the 1997 Regulations. The section has been updated to better align with modern drafting standards.

Section 40 – Airport-operator company may dispose of vehicle

1.      Section 40 sets out process and requirements for an airport‑operator company to dispose of a vehicle on the landside of the airport.

Authority to dispose of vehicle

1.      Subsection 40(1) provides that this section applies if the vehicle has been moved under section 38, and the vehicle has not been retrieved by or for the owner within 3 months after the day on which the vehicle was moved.
2.      Subsection 40(2) requires that prior to disposal, an airport-operator company for the airport must publish a notice, in a newspaper circulating generally in the state in which the airport is located, that the company intends to sell, or otherwise dispose of, the vehicle.
3.      Subsection 40(3) provides that the airport-operator company may sell, or otherwise dispose of, the vehicle if the vehicle has not been retrieved by its owner within 14 days after the notice is published.

Consequences if vehicle is sold

1.      Subsection 40(4) requires that, if the airport-operator company sells the vehicle, the airport-operator company must, as soon as practicable after the end of the financial year in which the sale occurs, give the Commonwealth the proceeds of the sale less the costs reasonably incurred in moving, storing and selling the vehicle.
2.      Subsection 40(5) provides that if the airport-operator company sells the vehicle, and the person who was the owner of the vehicle immediately before the sale makes a claim in relation to the vehicle to the airport-operator company, the airport-operator company must pay the person an amount equal to the proceeds of the sale less the costs reasonably incurred in moving, storing and selling the vehicle.
3.      Subsection 40(6) provides that if the airport-operator company pays an amount in relation to a claim under subsection 40(5) and provides evidence of the claim to the Commonwealth, then:
   •          if the airport-operator company has not yet given the proceeds of the sale of the vehicle to the Commonwealth under subsection 40(4), then the airport-operator company is not required to give the proceeds to the Commonwealth; and
   •          if the airport-operator company has given the proceeds of the sale of the vehicle to the Commonwealth under subsection 40(4), then the Commonwealth must pay the airport-operator company an amount equal to the amount that was given under subsection 40(4).
4.      Subsection 40(7) provides that any other right in relation to the vehicle that was vested in a person before the sale ceases to exist at the time of the sale.

Relation to 1997 Regulations

1.      Section 40 has largely the same intended effect as regulation 113 in the 1997 Regulations. The section has been updated to include subsection 40(5), which explicitly permits the sale of a disposed unclaimed vehicle. This provision can be relied upon in instances where the owner of a vehicle cannot be identified or contacted prior to the disposal of their vehicle, but later makes a claim that their vehicle was not abandoned.
   •          When the 1997 Regulations were made, this was provided for under regulation 23 of the then Financial Management and Accountability Regulations 1997 (in 2026, these regulations were referenced as the Financial Framework (Supplementary Powers Regulations 1997).
   •          Regulation 23 of the then Financial Management and Accountability Regulations 1997 was repealed on 1 July 2014, and not replaced.
   •          Similar provisions are generally included in state and territory legislation dealing with the disposal of unclaimed found property.
2.      Subsection 40(6) has subsequently been included to provide for fair treatment of proceeds of a sale under subsection 40(4) between the airport-operator company and the Commonwealth in the event a claim is made under subsection 40(5). Subsection 40(7) has also been included to clarify that any remaining rights in relation to the vehicle cease at the time the vehicle is sold.

Section 41 – Who can be appointed as authorised person

1.      Section 41 provides that the Secretary may appoint any of the following as an authorised person for an airport for the purposes of a provision of this Division:

• an employee of the department;
• a member, special member, protective service officer or special protective service officer of the AFP;
• a person authorised under the law of a state to prosecute offences related to the parking of vehicles;
• an employee of an airport-operator company, or of a contractor or subcontractor of an airport-operator company;
• an individual engaged by an airport-operator company as a contractor, or who is a subcontractor of a contractor of an airport-operator company;
• any other individual that the Secretary considers to be appropriately qualified or experienced to exercise powers under the provision.

1.      Provisions in this Division where an authorised person may exercise a power, function or duty include:
   •          section 36 – directing the driver of a taxi, hire vehicle or public bus on the landside of an airport to show relevant authorities to operate the taxi, hire vehicle or public bus (if the operation of such a vehicle is regulated in the state where the airport is regulated);
   •          subsection 37(1) – directing a driver who contravenes a parking control provision on the landside of the airport to move the driver’s vehicle;
   •          subsection 37(2) – directing a driver of a taxi causing interference with the operation of a taxi zone on the landside of an airport to move a taxi; and
   •          section 38 – moving a vehicle on the airside of the airport, and being required to provide notice that the vehicle has been moved.
2.      Authorised persons may also be appointed for the purposes of a provision which creates an offence of strict liability, and are subsequently an infringement officer for that provision for the purposes of exercising powers under Part 7 of the Regulations by operation of section 84. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
   
3.      The section provides for a comparatively wide variety of persons to be appointed as an authorised person for the purposes of provisions within the Division. This is consistent with the approach taken in the 1997 Regulations, and is intended to provide sufficient flexibility to account for different operations across airports covered by the Division, from significant metropolitan airports with substantial AFP presences, to regional airports where landside vehicle controls are largely enforced by airport-operator companies and parking and security contractors.
   •          Given the high frequency with which the powers may need to be applied across wide geographic areas, this precludes the limitation of these powers to SES officers within the APS. The powers that may be exercised under the Division also involve the application of clear rules, and concern offences involving strict liability such that difficult discretionary judgements are unlikely to arise.
   •          Appointments of authorised persons are generally made to provide for the AFP, alongside employees of an airport-operator company, or contractors or subcontractors of an airport-operator company, who are generally parking or security management firms, to perform the duties of an authorised person.
   •          These classes of persons have been performing such duties at airports since the 1997 Regulations were made, and continue to have the requisite capability and experience to perform these functions.
   •          There are also arrangements in place to support authorised persons in ensuring they appropriately exercise powers and carry out duties under the Division. Section 30 of the Regulations requires that standard operating procedures be in place for each airport which set out procedures to ensure authorised persons exercise powers in a suitable manner, alongside setting out compliance processes, complaint handling procedures, and procedures to be followed in relation to moving a vehicle or issuing an infringement notice.
   •          In instances where an airport-operator company has been appointed a notice authority for an airport under section 85(3) of the Regulations, appropriate arrangements must be in place for the management of amounts paid under infringement notices that an airport-operator company receives on behalf of the Commonwealth. Such arrangements are in place for each airport covered by this Division.
   •          Arrangements made for these purposes generally require the airport-operator company, and its employees, contractors and subcontractors (including authorised persons), to comply with relevant Commonwealth Policies, including the Australian Public Service (APS) Code of Conduct, and to the extent necessary to perform the relevant functions, be subject to the same level of accountability that applies to Commonwealth personnel in, and act as if subject to and in accordance with, the Administrative Decisions (Judicial Review) Act 1977, Archives Act 1983, Freedom of Information Act 1982, Ombudsman Act 1976, and the Privacy Act 1988 (and support the Commonwealth to meet its obligations under these Acts).
4.      For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.
5.      Section 41 has largely the same intended effect as regulation 114 in the 1997 Regulations. The section has been updated to clarify and rationalise the kinds of persons who may be authorised by the Secretary.
   •          The section has also been updated to include ‘a person authorised under the law of a state to prosecute offences related to the parking of vehicles’ as a person who may be authorised by the Secretary to better align with the kinds of persons who may be authorised under other Divisions in this Part.

Division 3 – Airside vehicle parking

1.      This Division provides a framework for controlling airside vehicle parking and stopping at all activity-controlled airports to ensure vehicle traffic is managed in a safe, secure and efficient manner. This includes:
   •          providing for the designation of areas with parking restrictions and stopping restrictions on the airside of an airport;
   •          providing for the enforcement of parking restrictions and stopping restrictions within designated areas on the airside of an airport; and
   •          providing that appropriately authorised persons may direct that a vehicle be moved if it is contravening parking restrictions or stopping restrictions on the airside of an airport.

Section 42 – Airports to which this Division applies

1.      Section 42 provides that this Division applies to all activity-controlled airports.
2.      This section has been included to make clear that this Division applies to all activity‑controlled airports, and to simplify provisions throughout the Division. This has largely the same intended effect as the definition of regulated airport included in regulation 115 of the 1997 Regulations.

Section 43 – Areas with parking restrictions

1.      Subsection 43(1) provides that an airport‑operator company for an airport may designate an area on the airside of the airport site as:

• an area where parking is not permitted (a no-parking area); or
• an area in which parking is only permitted at certain times, or for particular purposes, or when particular conditions are met (a limited-parking area).

1.      Subsection 43(2) and subsection 43(3) provide that the airport‑operator company must ensure a designated area is prominently and clearly marked as a no-parking area or a limited‑parking area, and the marking of the area must clearly indicate that:

• for a no-parking area, a vehicle must not park in the area; or
• for a limited‑parking area, at what times, for what purposes, or under what conditions a vehicle may be parked, or must not be parked in the area.

1.      Subsection 43(4) provides that the designation of an area as a no-parking area or a limited‑parking area is of no effect if it is not marked as required by subsection 43(2) and subsection 43(3).
2.      Section 43 has largely the same intended effect as regulation 116 in the 1997 Regulations, alongside incorporating elements of regulation 115 in the 1997 Regulations to clarify and simplify provisions in the Division. Subsection 43(4) has been included to clarify that if an area is not appropriately marked as required in the section, then the designation of the area has no effect.

Section 44 – Areas with stopping restrictions

1.      Subsection 44(1) provides that an airport‑operator company for an airport may designate an area on the airside of the airport as:

• an area in which stopping is not permitted (a no-stopping area); or
• an area in which stopping is only permitted at certain times, or for particular purposes, or when particular conditions are met (a limited-stopping area).

1.      Subsection 44(2) and subsection 44(3) provide that the airport‑operator company must ensure a designated area is prominently and clearly marked as a no-stopping area or a limited‑stopping area, and the marking of the area must clearly indicate that:

• for a no-stopping area, a vehicle must not be stopped in the area; or
• for a limited-stopping area, at what times, for what purposes, or under what conditions a vehicle may be stopped or must not be stopped in the area.

1.      Subsection 44(4) provides that the designation of an area as a no-stopping area or a limited-stopping area is of no effect if it is not marked as required by subsection 44(2) and subsection 44(3).
2.      Section 44 has largely the same intended effect as regulation 117 in the 1997 Regulations, incorporating elements of regulation 115 in the 1997 Regulations to clarify and simplify provisions in the Division. Subsection 44(4) has been included to clarify that if an area is not appropriately marked as required in the section, then the designation of the area has no effect.

Section 45 – Offences – parking

1.      Section 45 sets out offences in relation to parking on the airside of an airport.
2.      Subsection 45(1) provides that a person commits an offence of strict liability if the person parks a vehicle in a marked no-parking area and sets the penalty for this offence at 3 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
3.      Subsection 45(2) provides that a person commits an offence of strict liability if the person parks a vehicle in a marked limited‑parking area:

• at a time when, according to the marking of the area, parking in the area is not permitted; or
• for a purpose for which, according to the marking of the area, parking in the area is not permitted; or
• in a way that, according to the marking of the area, contravenes a condition of parking in the area.

1.      Subsection 45(2) also sets the penalty for this offence at 3 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
2.      It is appropriate that contraventions of these provisions are offences of strict liability, as the offences are minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offences are framed as offences of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and parking on the airside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that these contraventions be considered offences of strict liability in order to ensure the effective control of vehicle parking and operations on the airside of an airport, in order to prevent loss, injury or interference, and ensure movement of vehicles on the airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
3.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including these provisions. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
4.      Subsection 45(3) provides that subsection 45(1) or subsection 45(2) does not apply if the vehicle is an emergency vehicle or a police vehicle, or the person who parked the vehicle is given permission by an authorised person for the airport to park the vehicle in the area.

• Subsection 45(3) places an evidential burden on the person to raise the reasonable possibility that the vehicle is an emergency vehicle or police vehicle, or that the person has been given permission by an authorised person to park in the area. If a defendant discharges the evidential burden in relation to a matter in subsection 45(3), then the prosecution would be required to disprove the matter beyond a reasonable doubt.
  
• While this will be self-evident in some instances, this inclusion is intended to account for instances when an emergency vehicle or police vehicle is not clearly marked as such, and as such knowledge of whether the vehicle is an emergency vehicle or police vehicle will be peculiarly in the knowledge of the person, and it would be significantly more difficult and costly for the prosecution (or infringement officer) to disprove than for the person to point to a reasonable possibility of the matter.
• Similarly, it will be within the knowledge of the person as to whether they have been given permission by an authorised person to park in the area, and it would be significantly more difficult and costly for the prosecution (or infringement officer) to disprove than for the person to raise the matter.
• The imposition of an evidential burden on a defendant in these circumstances is consistent with principles set out in section 4.3 of the Guide.
• In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).

1.      Section 45 has largely the same intended effect as regulation 118 in the 1997 Regulations, incorporating elements of regulation 115 in the 1997 Regulations to clarify and simplify provisions in the Division. Subsection 45(4) has been updated to explicitly account for treatment of police vehicles alongside emergency vehicles.

Section 46 – Offences – stopping

1.      Section 46 sets out offences in relation to stopping on the airside of an airport.
2.      Subsection 46(1) provides that a person commits an offence of strict liability if the person stops a vehicle in a marked no-stopping area and sets the penalty for this offence at 3 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
3.      Subsection 46(2) provides that a person commits an offence of strict liability if the person stops a vehicle in a marked limited‑stopping area:

• at a time when, according to the marking of the area, stopping in the area is not permitted; or
• for a purpose for which, according to the marking of the area, stopping in the area is not permitted; or
• in a way that, according to the marking of the area, contravenes a condition of stopping in the area.

1.      Subsection 46(2) also sets the penalty for this offence at 3 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
2.      It is appropriate that contraventions of these provisions are offences of strict liability, as the offences are minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offences are framed as offences of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and parking on the airside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that these contraventions be considered offences of strict liability in order to ensure the effective control of vehicle movement and parking on the airside of an airport, in order to prevent loss, injury or interference, and ensure movement of vehicles on the airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
3.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including these provisions. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
4.      Subsection 46(3) provides subsection 46(1) or subsection 46(2) does not apply if the vehicle is an emergency vehicle or a police vehicle, or the person who stopped the vehicle is given permission by an authorised person for the airport to stop the vehicle in the area.

• Subsection 46(3) places an evidential burden on the person to demonstrate the vehicle is an emergency vehicle or police vehicle, or the person has been given permission by an authorised person to stop in the area. If a person discharges the evidential burden in relation to a matter, then the prosecution will be required to disprove the matter beyond a reasonable doubt.
  
• While this will be self-evident in some instances, this inclusion is intended to account for instances when an emergency vehicle or police vehicle is not clearly marked as such, and as such knowledge of whether the vehicle is an emergency vehicle or police vehicle will be peculiarly in the knowledge of the person, and it would be significantly more difficult and costly for the prosecution (or infringement officer) to disprove than for the person to establish a reasonable possibility the circumstance exists.
• Similarly, it will be within the knowledge of the person as to whether they have been given permission by an authorised person to stop in the area, and it would be significantly more difficult and costly for the prosecution (or infringement officer) to disprove than for the person to establish a reasonable possibility the circumstance exists.
• The imposition of an evidential burden on a defendant in these circumstances is consistent with principles set out in section 4.3 of the Guide.
• In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).

1.      Section 46 has largely the same intended effect as regulation 119 in the 1997 Regulations, incorporating elements of regulation 115 in the 1997 Regulations to clarify and simplify provisions in the Division. Subsection 46(4) has been updated to explicitly account for treatment of police vehicles alongside emergency vehicles.

Section 47 – Authorised person may direct that a vehicle may be moved

1.      Section 47 provides that an authorised person may direct the driver of a vehicle on the airside of the airport to move the vehicle in certain circumstances, and sets an offence for a driver of a vehicle failing to comply with such a direction.
2.      Subsection 47(1) sets out that an authorised person for an airport may direct the driver of a vehicle at the airport to move the vehicle if it is parked in a no‑parking area, parked in a limited‑parking area in circumstances when parking the vehicle is not permitted, stopped in a no-stopping area, or stopped in a limited-stopping area in circumstances when stopping the vehicle is not permitted.
3.      Subsection 47(2) provides that the driver of the vehicle commits an offence of strict liability if the driver is given a direction to move the vehicle under subsection 47(1), and the driver does not comply with this direction. Subsection 47(2) also sets the penalty for this offence at 3 penalty units.
   •          It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
     
   •          As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and parking on the airside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that this contravention be considered an offence of strict liability to ensure the effective control of vehicle parking on the airside of an airport, to prevent loss, injury or interference, and ensure movement of vehicles on the airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
4.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
5.      Section 47 has largely the same intended effect as regulation 120 in the 1997 Regulations. The section has been simplified, with the term driver now more appropriately defined in section 4 and applied across the Regulations.

Section 48 – Who can be appointed as authorised person

1.      Section 48 provides that the Secretary may appoint any of the following as an authorised person for an airport for the purposes of a provision or provisions of this Division:

• an employee of the department;
• a member, special member, protective service officer or special protective service officer of the Australia Federal Police;
• a person authorised under the law of a state to prosecute offences related to the parking of vehicles;
• an employee of an airport-operator company, or of a contractor or subcontractor of an airport-operator company;
• an individual engaged by an airport-operator company as a contractor, or who is a subcontractor of a contractor of an airport-operator company;
• any other individual the Secretary considers to be appropriately qualified or experienced to exercise powers under the provision.

1.      Provisions in this Division where an authorised person may exercise a power, function or duty include:
   •          paragraph 45(3)(b) – giving permission to park a vehicle in a marked no-parking area or marked limited parking area;
   •          paragraph 46(3)(b) – giving permission to stop a vehicle in a marked no-stopping or marked limited stopping area; and
   •          subsection 47(1)(3) – directing the driver of a vehicle on the airside of an airport to move a vehicle.
2.      Authorised persons may also be appointed for the purposes of a provision which creates an offence of strict liability, and are subsequently an infringement officer for that provision for the purposes of exercising powers under Part 7 of the Regulations by operation of section 84. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
3.      The section provides for a comparatively wide variety of persons to be appointed as an authorised person for the purposes of provisions within the Division. This is consistent with the approach taken in the 1997 Regulations, and is intended to provide sufficient flexibility to account for different operations across airports covered by the Division, from significant metropolitan airports with substantial AFP presences, to regional and remote airports where airside vehicle controls are largely enforced by airport-operator companies and parking and security contractors.
   •          Given the high frequency with which the powers may need to be applied across wide geographic areas, this precludes the limitation of these powers to SES officers within the APS. The powers that may be exercised under the Division also involve the application of clear rules, and concern offences involving strict liability such that difficult discretionary judgements are unlikely to arise.
   •          Appointments of authorised persons are generally made to provide for the AFP, alongside employees of an airport-operator company, or contractors or subcontractors of an airport-operator company, who are generally parking or security management firms, to perform the duties of an authorised person.
   •          These classes of persons have been performing such duties at airports since the 1997 Regulations were made, and continue to have the requisite capability and experience to perform these functions.
   •          In instances where an airport-operator company has been appointed a notice authority for an airport under section 85(3) of the Regulations, appropriate arrangements must be in place for the management of amounts paid under infringement notices that an airport-operator company receives on behalf of the Commonwealth.
   •          Arrangements made for these purposes generally require the airport-operator company, and its employees, contractors and subcontractors (including authorised persons), to comply with relevant Commonwealth Policies, including the Australian Public Service (APS) Code of Conduct, and to the extent necessary to perform the relevant functions, be subject to the same level of accountability that applies to Commonwealth personnel in, and act as if subject to and in accordance with, the Administrative Decisions (Judicial Review) Act 1977, Archives Act 1983, Freedom of Information Act 1982, Ombudsman Act 1976, and the Privacy Act 1988 (and support the Commonwealth to meet its obligations under these Acts).
4.      For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.
5.      Section 48 has largely the same intended effect as regulation 121 in the 1997 Regulations. The section has been updated to clarify and rationalise the kinds of persons who may be authorised by the Secretary, and ensure individuals are appropriately qualified or experienced to exercise the relevant powers under this Division.

Division 4 – Airside vehicle operation

1.      This Division provides a framework for administering and controlling airside vehicle operation at all activity-controlled airports to ensure vehicle operations are managed in a safe, secure and efficient manner. This includes:
   •          providing for the issuing (and withdrawal) of Authorities to Drive Airside (ADAs) to control who may drive a vehicle on the airside of an airport, and under what conditions;
   •          providing for the issuing (and withdrawal) of Authorities to Use Airside (AUAs) to control which vehicles may be used on the airside of an airport, and under what conditions;
   •          providing for the escorting of vehicles without an AUA driven by a person without an ADA, with the escort able to direct the person being escorted;
   •          providing that vehicles must be kept clear of aircraft; and
   •          providing that an appropriately authorised person may direct that a vehicle be moved, or move a vehicle to protect public safety and prevent interference with airport operations.
2.      Transitional provisions in the 1997 Regulations relating to continuation of ADAs and AUAs issued by the Federal Airports Corporation (FAC) before the commencement of an airport lease, have been spent, and are not included in the Regulations (noting that the FAC ceased operations in August 1998).

Section 49 – Airports to which this Division applies

1.      Section 49 provides that this Division applies to all activity-controlled airports.
2.      This section has been included to make clear this Division applies to all activity‑controlled airports, and to simplify provisions throughout the Division. This has largely the same intended effect as the definition of regulated airport included in regulation 122 of the 1997 Regulations.

Section 50 – References to the Airside Vehicle Control Handbook

1.      Section 50 has been included to clarify that a reference in this Division to the Airside Vehicle Control Handbook for an airport is a reference to the Handbook as in force or existing from time to time. An equivalent provision was not included in the 1997 Regulations, but has been included in the Regulations to clarify the intent behind references in the Division.
   •          Each Airside Vehicle Control Handbook is distinct for each airport, and is regularly updated to ensure currency with the airside environment and controls in place at each airport.
     
2.      Provisions in this Division regularly refer to the Handbook for an airport. Section 172(1A) of the Act provides that regulations made for the purposes of Section 172(1) of the Act may apply, adopt or incorporate any matter contained in the Handbook for the airport as in force or existing from time to time. This term is defined in the Act. The latest version of the Act is available at the FRL (https://www.legislation.gov.au).
3.      Each activity-controlled airport has published a Handbook for the airport. Copies of the latest version of the Handbook for each airport may be requested from the relevant airport operator company, and are freely accessible to parties requiring airside vehicle access to airport sites. Most airport-operator companies also publish the Handbook on the relevant website for each airport. In 2026, airport websites with copies of the Handbook, or relevant contact details to request a copy, included:

• Adelaide Airport (https://corporate.adelaideairport.com.au/about-us/working-adelaide-airport);
• Alice Springs Airport (https://www.alicespringsairport.com.au/business/working-asa/airside-driving);
• Archerfield Airport (https://archerfieldairport.com.au/airport);
• Bankstown Airport (https://aeria.co/bankstown/operations);
• Brisbane Airport (https://www.bne.com.au/corporate/work-at-bne/airside-driving-centre);
• Camden Airport (https://aeria.co/camden/operations);
• Canberra Airport (https://www.canberraairport.com.au/corporate/about/corporate-terms-conditions);
• Darwin International Airport (https://www.darwinairport.com.au/business/working-dia/airside-driving);
• Essendon Airport (https://ef.com.au/airport/operations);
• Gold Coast Airport (https://www.goldcoastairport.com.au/corporate/regulatory/home);
• Hobart Airport (https://hobartairport.com.au/corporate/working-at-hba/airside-vehicle-control);
• Jandakot Airport (https://www.jandakotairport.com.au/aviation/airside-driving-vehicles.html);
• Launceston Airport (https://launcestonairport.com.au/corporate-section);
• Parafield Airport (https://parafieldairport.com.au/operations/airside-access-forms);
• Perth Airport (https://www.perthairport.com.au/Home/corporate/work-with-us/operating-at-perth-airport/airside-driving);
• Melbourne (Tullamarine) Airport (https://www.melbourneairport.com.au/corporate/airside-driver-access);
• Moorabbin Airport (https://www.moorabbinairport.com.au/aviation/safety-and-security);
• Mount Isa Airport (https://www.mountisaairport.com.au/regulatory/compliance-and-safety);
• Sydney (Kingsford‑Smith) Airport (https://www.sydneyairport.com.au/corporate/join-us/working-on-airport/airside-driving-centre);
• Sydney West Airport (https://wsiairport.com.au/working-wsi/driving-airside);
• Tennant Creek Airport (https://tennantcreekairport.com.au/business/working-tca/procedures-permits-and-resources); and
• Townsville Airport (https://www.townsvilleairport.com.au/regulatory/aviation-services-security/airside-driving).

Section 51 – Vehicles not to be driven on airside without permission or escort

1.      Section 51 sets out offences in relation to driving a vehicle on the airside of an airport without authorisation, or without an authorised escort. It also requires drivers on the airside of an airport with an authorised escort to follow a direction given by the escort in relation to driving the vehicle.
2.      Subsection 51(1) provides that a person commits an offence of strict liability if the person is driving a vehicle on the airside of an airport unless the person holds an ADA for the airport and the vehicle is the subject of an AUA for the airport, or the vehicle is escorted by a person authorised, in accordance with the Handbook for the airport, to provide airside vehicle escort services.
3.      Subsection 51(1) also sets the penalty for this offence at 5 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
4.      Subsection 51(2) provides that a person commits an offence of strict liability if:

• the person is driving a vehicle on the airside of an airport;
• the vehicle is being escorted by another person authorised, in accordance with the Handbook for the airport, to provide airside vehicle escort services;
• the escort gives the person a direction in relation to driving the vehicle; and
• the person does not comply with the direction.

1.      Subsection 51(2) also sets the penalty for this offence at 5 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
2.      It is appropriate that contraventions of these provisions are offences of strict liability, as the offences are minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offences are framed as offences of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and ensure operational security on the airside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that these contraventions be considered offences of strict liability in order to ensure the effective control of vehicle operation on the airside of an airport, in order to prevent loss, injury or interference, and ensure movement of vehicles on the airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
3.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including these provisions. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
4.      Section 51 has the same intended effect as regulation 123 in the 1997 Regulations. The section has been updated to clarify intent and better align with modern drafting standards.

Section 52 – Approved issuing authority

1.      Section 52 sets out arrangements for an airport-operator company for an airport to approve a person to issue ADAs and/or AUAs for an airport, and to revoke these approvals.
2.      Subsection 52(1) provides that an airport-operator company for an airport may, in accordance with the Handbook for the airport, approve a person to issue ADAs or AUAs (or both) for the airport.
3.      Subsection 52(2) provides that an airport-operator company for an airport may revoke the approval by giving the person notice in writing. Subsection 52(2) requires that written notice be provided at least seven days before the revocation takes effect.
   

Relation to 1997 Regulations

1.      Section 52 has largely the same intended effect as paragraph 124(1)(c) and subregulation 124(2) in the 1997 Regulations. The section has been updated to clarify intent, reduce duplication with section 53 and section 55, and better align with modern drafting standards.
2.      The equivalent provisions in the 1997 Regulations provided that a decision to revoke an approval was subject to review by the Administrative Review Tribunal (ART). This has not been included in the Regulations to better align with Australian Government guidance outlined in What decisions should be subject to merit review. Paragraph 4.40 of this guidance material notes that decisions to appoint a person to undertake a specified function (such as, in this instance, approving a person to issue an ADA and/or an AUA), should not be subject to merits review.

• In 2026, this guidance was publicly available on the website for the Attorney‑General’s Department (see https://www.ag.gov.au/legal-system/publications/what-decisions-should-be-subject-merit-review-1999).

Section 53 – Authority to Drive Airside

1.      Section 53 sets out the process for applying for and issuing an ADA for an airport, conditions that an ADA is subject to, and that an ADA may be issued subject to other conditions as necessary.

Application and issue

1.      Subsection 53(1) sets out that a person may apply for an ADA for an airport to an airport-operator company for the airport, or an approved issuing authority for ADAs for the airport.
2.      Subsection 53(2) sets out that an application must be made in the way set out in the Handbook for the airport.
3.      Subsection 53(3) sets out that in deciding whether to issue an ADA for the airport, the airport-operator company or approved issuing authority must apply criteria set out for that purpose in the Handbook for the airport.
4.      Subsection 53(4) sets out that an approved issuing authority for an airport must not issue an ADA for the airport other than in accordance with the Handbook for the airport.
5.      Subsection 53(5) sets out that an airport-operator company or approved issuing authority that issues an ADA for the airport to a person must issue the person with a card or other suitable evidence of the ADA.
   

Conditions

1.      Subsection 53(6) sets out that an ADA for an airport is subject to the condition that the holder of the ADA must drive a vehicle on the airside of the airport in accordance with:

• the rules set out in the Handbook for the airport, including any rules regarding the use of radiocommunications or other signalling equipment; and
• if the vehicle is the subject of an AUA – any conditions of the AUA; and
• any directions of an employee of an airport-operator company for the airport.

1.      Subsection 53(7) sets out that an ADA for an airport is subject to the condition that the holder shows evidence of the ADA to an employee of an airport-operator company for the airport on demand.
2.      Subsection 53(8) and subsection 53(9) provide that an ADA for an airport may be issued subject to any other conditions that an airport-operator company thinks necessary. These conditions may include (but are not limited to) a condition:

• that the holder of the ADA, or the holder’s employer, indemnify the airport‑operator company; or
• limiting the person’s right to operate a vehicle in particular places, at particular times, and in particular circumstances.

Relation to the 1997 Regulations

1.      Section 53 has largely the same intended effect as regulation 125 in the 1997 Regulations. The section has been updated to clarify intent, reduce duplication, and better align with modern drafting standards.
2.      Regulation 126 in the 1997 Regulations included transitional provisions relating to ADAs issued before the commencement of the 1997 Regulations. These transitional provisions have been spent, and not included in the Regulations.

Section 54 – Withdrawal of Authority to Drive Airside

1.      Section 54 sets out process and requirements for the withdrawal of an ADA for an airport by an airport-operator company for the relevant airport.
2.      Subsection 54(1) sets out that an airport-operator company for an airport may withdraw a person’s ADA for the airport if the person drives a vehicle on the airside of the airport:

• other than in accordance with the person’s ADA, the AUA for the vehicle (if any), the Handbook for the airport; or a direction of an employee of an airport-operator company for the airport; or
• in a manner likely to cause injury to a person or damage to property (including an aircraft or another vehicle).
  

1.      Subsection 54(2) sets out that if an airport-operator company for an airport is considering withdrawing a person’s ADA for the airport, it must, before making a decision, give the person a written notice stating the reasons why the ADA may be withdrawn, and inviting the person to show cause why the ADA should not be withdrawn.
2.      Subsection 54(3) requires that if the Handbook for the airport sets out criteria to be applied in deciding whether or not to withdraw an ADA, the airport-operator company must apply those criteria in making the decision.
3.      Subsection 54(4) sets out that if the airport-operator company for an airport withdraws a person’s ADA for the airport, it must give the person written notice of the withdrawal, and the reasons for the withdrawal, as soon as practicable.
4.      Section 54 has the same intended effect as regulation 133 in the 1997 Regulations. The section has been updated to clarify intent, and better align with modern drafting standards.

Section 55 – Authority for Use Airside

1.      Section 55 sets out the process for applying for and issuing an AUA for an airport, conditions that an AUA is subject to, and that an AUA may be issued subject to other conditions as necessary.

Application and issue

1.      Subsection 55(1) sets out that a person who owns or has the right to use a vehicle may apply to an airport-operator company for an airport, or an approved issuing authority for AUAs for an airport, for an AUA for the airport in relation to the vehicle.
2.      Subsection 55(2) sets out that an application must be made in the way set out in the Handbook for the airport.
3.      Subsection 55(3) sets out that in deciding whether to issue an AUA for the airport, the airport-operator company or approved issuing authority must apply criteria set out for that purpose in the Handbook for the airport.
4.      Subsection 55(4) sets out that an approved issuing authority for an airport must not issue an AUA for the airport in relation to a vehicle other than in accordance with the Handbook for the airport.

Conditions

1.      Subsection 55(5) sets out that an AUA for an airport in relation to a vehicle is subject to the condition that the vehicle must be driven on the airside of the airport in accordance with:

• the rules set out in the Handbook for the airport, including any rules regarding the use of radio communications or other signalling equipment; and
• any directions of an employee of an airport-operator company for the airport.

1.      Subsection 55(6) and subsection 55(7) provide that an AUA for an airport in relation to a vehicle may be issued subject to any other conditions that an airport-operator company for the airport thinks necessary. These conditions may include (but are not limited to) a condition:

• that the holder of the AUA indemnify the airport-operator company; and
• limiting the operation of a vehicle to particular places, times, or circumstances.

Relation to 1997 Regulations

1.      Section 55 has the same intended effect as regulation 127 in the 1997 Regulations. The section has been updated to clarify intent, and better align with modern drafting standards.
2.      Regulation 128 in the 1997 Regulations included transitional provisions relating to AUAs issued before the commencement of the 1997 Regulations. These transitional provisions have been spent, and have not been included within the Regulations.

Section 56 – Withdrawal of Authority for Use Airside

1.      Section 56 sets out process and requirements for the withdrawal of an AUA for an airport in relation to a vehicle by an airport-operator company for the relevant airport.
2.      Subsection 56(1) sets out that an airport-operator company for an airport may withdraw an AUA for the airport in relation to a vehicle if the vehicle is driven on the airside of the airport:

• other than in accordance with the driver’s ADA (if any), the AUA for the vehicle, the Handbook for the airport; or a direction of an employee of the airport-operator company; or
• in a manner likely to cause injury to a person or damage to property (including an aircraft or another vehicle).

1.      Subsection 56(2) sets out that if an airport-operator company for an airport is considering withdrawing an AUA for the airport in relation to a vehicle, it must, before making a decision, give the holder of the AUA a written notice stating the reasons why the AUA may be withdrawn, and inviting the holder to show cause why the AUA should not be withdrawn.
2.      Subsection 56(3) requires that if the Handbook for the airport sets out criteria to be applied in deciding whether or not to withdraw an AUA for the airport in relation to a vehicle, the airport-operator company must apply those criteria in making the decision.
3.      Subsection 56(4) sets out that if the airport-operator company for an airport withdraws an AUA for the airport in relation to a vehicle, it must give the holder of the AUA written notice of the withdrawal, and the reasons for the withdrawal, as soon as practicable.
4.      Section 56 has the same intended effect as regulation 133 in the 1997 Regulations. The section has been updated to clarify intent, and better align with modern drafting standards.

Section 57 – Review of decisions

1.      Section 57 allows applications to be made to the ART for review of specified decisions by an airport-operator company, or an approved issuing authority, under Division 4. These include decisions relating to:

• a decision under section 53 to not issue an ADA for an airport to a person;
• a decision under section 53 to issue an ADA for an airport to a person subject to any additional conditions;
• a decision under section 54 to withdraw a person’s ADA for an airport;
• a decision under section 55 not to issue an AUA for an airport in relation to a vehicle;
• a decision under section 55 to issue an AUA for an airport subject to any additional conditions;
• a decision under section 56 to withdraw an AUA for an airport in relation to a vehicle.

Relation to 1997 Regulations

1.      Section 57 has largely the same intended effect as regulation 135 in the 1997 Regulations. The section has been updated to clarify that decisions by an approved issuing authority for an airport may also be subject to review by the ART, (which was not clear in the 1997 Regulations), and to clarify the specific decisions under each section for which an application may be made to the ART for review. Regulation 135 in the 1997 Regulations instead provided that any decision made by an airport‑operator company under each section may be subject to review by the ART.
   •          The ART is a federal administrative review body established under the Administrative Review Tribunal Act 2024. In 2026, further information on the ART was publicly available on the website for the ART (see https://www.art.gov.au).
   •          The latest version of the Administrative Review Tribunal Act 2024 is available at the FRL (https://www.legislation.gov.au).

Section 58 – Driver of vehicle must show authority etc

1.      Section 58 requires the driver of a vehicle on the airside of an airport to show specified authorities or forms of identification if required to do so by an authorised person for the airport.
2.      Subsection 58(1) provides that an authorised person for an airport may direct the driver of a vehicle on the airside of the airport to show the authorised person any of the following:

• the driver’s ADA for the airport;
• the AUA for the vehicle for the airport;
• if the airport is a security controlled airport within the meaning of the Aviation Transportation Security Act 2004 – the driver’s ASIC (Aviation Security Identification Card) within the meaning of the Aviation Transport Security Regulations 2005;
• if the airport is not a security controlled airport and an identification document is approved or issued by an airport-operator company for the airport – the driver’s identification document.

1.      ASICs are a form of identification used for security identification purposes at security controlled airports. ASICs are prescribed in the Aviation Transport Security Regulations 2005 and issued by a regulated issuing body. Security controlled airports (and the extent of their airside areas) are declared as such under the Aviation Transport Security Act 2004.

• The latest versions of the Aviation Transport Security Act 2004 and the Aviation Transport Security Regulations 2005 are available at the FRL (https://www.legislation.gov.au).
• Current declarations of security controlled airports under the Aviation Transport Security Act 2004 are available at the FRL (https://www.legislation.gov.au).
• In 2026, declarations were in place for the following airports covered by this Division: Adelaide Airport, Alice Springs Airport, Archerfield Airport, Brisbane Airport, Bankstown Airport, Canberra Airport, Darwin International Airport, Essendon Airport, Gold Coast Airport, Hobart International Airport, Jandakot Airport, Launceston Airport, Melbourne (Tullamarine) Airport, Moorabbin Airport, Mt Isa Airport, Parafield Airport, Perth Airport, Sydney (Kingsford‑Smith) Airport, Tennant Creek Airport, and Townsville Airport.
• In 2026, declarations were not in place for the following airports covered by this Division: Camden Airport or Sydney West Airport.
• In 2026, further information on ASICs was available at the AusCheck website, administered by the Department of Home Affairs (https://www.auscheck.gov.au/security-card/aviation/asic).

1.      Subsection 58(2) provides that a person commits an offence of strict liability if the person is driving a vehicle on the airside of an airport, an authorised person gives the person a direction under subsection 58(1), and the person does not comply with the direction.
2.      It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and ensure operational security on the airside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
     
   •          It is necessary that this contravention be considered offences of strict liability to ensure the effective control of vehicle operation and parking on the airside of an airport, to prevent loss, injury or interference, and ensure movement of vehicles on the airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
3.      Subsection 58(2) also provides that the penalty for this offence is one penalty unit.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
4.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.

Relation to 1997 Regulations

1.      Section 58 has largely the same intended effect as regulation 129 in the 1997 Regulations. The section has been updated to account for the formalisation of ASIC regulation at leased federal airports which have been declared security controlled airports under the Aviation Transport Security Act 2004, while retaining equivalent requirements at airports that have not been declared security controlled airports under the Aviation Transport Security Act 2004.
2.      References to ASICs issued by the FAC included in the equivalent provision in the 1997 Regulations have also not been included in the Regulations, noting the closure of FAC in August 1998.

Section 59 – Vehicles to be kept clear of aircraft

1.      Subsection 59(1) provides that a person commits an offence of strict liability if the person drives, stops or parks a vehicle within 3 metres of an aircraft.
2.      It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to control vehicle operations and ensure operational security on the airside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
   •          It is necessary that this contravention be considered an offence of strict liability to ensure the effective control of vehicle operation on the airside of an airport, to prevent loss, injury or interference, and ensure movement of vehicles on the airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
3.      Subsection 59(1) also provides that the penalty for this offence is 3 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
4.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
5.      Subsection 59(2) provides that subsection 59(1) does not apply if the vehicle:

• is of a kind normally used for the purpose of servicing, refuelling, loading, unloading, towing or pushing an aircraft (and is being used to do so); or
• is an emergency or a police vehicle being used in connection with an emergency on the aircraft or in the vicinity of the aircraft.

1.      Subsection 59(2) places an evidential burden on the person to demonstrate the vehicle is of a kind normally used for the purpose of servicing, refuelling, loading, unloading, towing or pushing an aircraft (and is being used to do so), or is an emergency or a police vehicle being used in connection with an emergency on the aircraft or in the vicinity of the aircraft. If a person discharges the evidential burden in relation to a matter, then the prosecution would be required to disprove the matter beyond a reasonable doubt.

• While this will be self-evident in some instances, this inclusion is intended to account for instances when an emergency vehicle or police vehicle is not clearly marked as such, and as such knowledge of whether the vehicle is an emergency vehicle or police vehicle will be peculiarly in the knowledge of the person, and it would be significantly more difficult and costly for the prosecution (or infringement officer) to disprove than for the person to point to a reasonable possibility the circumstance exists.
  
• Similarly, it will be within the knowledge of the person as to whether the vehicle is of a kind normally used for the purpose of servicing, refuelling, loading, unloading, towing or pushing an aircraft (and is being used to do so) and it would be significantly more difficult and costly for the prosecution (or infringement officer) to disprove than for the person to point to a reasonable possibility the circumstance exists.
• The imposition of an evidential burden on a defendant in these circumstances is consistent with principles set out in section 4.3 of the Guide.
• In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).

1.      Section 59 has the same intended effect as regulation 130 in the 1997 Regulations. The section has been updated to better align with modern drafting standards.

Section 60 – Authorised person may direct that vehicle be moved or move a vehicle

1.      Section 60 provides that an authorised person for an airport may direct that a vehicle on the airside of an airport be moved in certain circumstances, or move a vehicle on the airside of an airport in certain circumstances.
2.      Subsection 60(1) sets out that an authorised person for an airport may direct the driver of a vehicle on the airside of the airport to remove the vehicle from the airside, if the authorised person considers that:

• the vehicle is being driven, or is stopped or parked, in a manner that is likely to be a danger to a person or property (including other vehicles or aircraft); or
• the vehicle is likely to interfere with the operation of the airport.

1.      Subsection 60(2) sets out that the driver of a vehicle on the airside of an airport commits an offence of strict liability if an authorised person for the airport gives the driver a direction under subsection 60(1) and the driver does not comply with the direction. Subsection 60(2) also provides that the penalty for this offence is 5 penalty units.
   •          It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offence is framed as an offence of strict liability, this will significantly enhance the effectiveness of the enforcement regime in place to control vehicle operations and ensure operational security on the airside of the airport, and ensure drivers will be on notice to guard against the possibility of contravention.
     
   •          It is necessary that this contravention be considered offences of strict liability to ensure the effective control of vehicle operation on the airside of an airport, to prevent loss, injury or interference, and ensure movement of vehicles on the airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
2.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 4 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
3.      Subsection 60(3) provides that an authorised person for an airport may, with whatever assistance is reasonably necessary, move a vehicle on the airside of the airport to a place within the airport designated for the purpose by an airport-operator company for the airport if:

• the authorised person has power to give a direction under subsection 60(1) but the driver cannot be found; or
• the driver of the vehicle fails to comply with a direction under subsection 60(1).

1.      Section 60 has the same intended effect as regulation 131 in the 1997 Regulations. The section has been updated to better align with modern drafting standards.

Section 61 – Who can be appointed as authorised person

1.      Section 61 provides that the Secretary may appoint any of the following as an authorised person for an airport for the purposes of a provision, or provisions, of this Division:

• an employee of the department;
• a member, special member, protective service officer or special protective service officer of the Australia Federal Police;
• a person authorised under the law of a state to prosecute offences related to the parking of vehicles;
• an employee of an airport-operator company, or of a contractor or subcontractor of an airport-operator company;
• an individual engaged by an airport-operator company as a contractor, or who is a subcontractor of a contractor of an airport-operator company;
• any other individual that the Secretary considers to be appropriately qualified or experienced to exercise powers under the provision.

1.      Provisions in this Division where an authorised person may exercise a power, function or duty include:
   •          subsection 58(1) – directing the driver of a vehicle on the airside of an airport to show relevant authorities and identification documents;
   •          subsection 60(1) – directing the driver of a vehicle on the airside of the airport to remove the vehicle from the airside of an airport; and
   •          subsection 60(3) –moving a vehicle on the airside of the airport.
2.      Authorised persons may also be appointed for the purposes of a provision which creates an offence of strict liability, and are subsequently an infringement officer for that provision for the purposes of exercising powers under Part 7 of the Regulations by operation of section 84. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
3.      The section provides for a comparatively wide variety of persons to be appointed as an authorised person for the purposes of provisions within the Division. This is consistent with the approach taken in the 1997 Regulations, and is intended to provide sufficient flexibility to account for different operations across airports covered by the Division, from significant metropolitan airports with substantial AFP presences, to regional and remote airports where airside vehicle controls are largely enforced by airport-operator companies and parking and security contractors.
   •          Given the high frequency with which the powers may need to be applied across wide geographic areas, this precludes the limitation of these powers to SES officers within the APS. The powers that may be exercised under the Division also involve the application of clear rules, and concern offences involving strict liability such that difficult discretionary judgements are unlikely to arise.
   •          Appointments of authorised persons are generally made to provide for the AFP, alongside employees of an airport-operator company, or contractors or subcontractors of an airport-operator company, who are generally parking or security management firms, to perform the duties of an authorised person.
   •          These classes of persons have been performing such duties at airports since the 1997 Regulations were made, and continue to have the requisite capability and experience to perform these functions.
   •          In instances where an airport-operator company has been appointed a notice authority for an airport under section 85(3) of the Regulations, appropriate arrangements must be in place for the management of amounts paid under infringement notices that an airport-operator company receives on behalf of the Commonwealth.
     
   •          Arrangements made for these purposes generally require the airport-operator company, and its employees, contractors and subcontractors (including authorised persons), to comply with relevant Commonwealth Policies, including the Australian Public Service (APS) Code of Conduct, and to the extent necessary to perform the relevant functions, be subject to the same level of accountability that applies to Commonwealth personnel in, and act as if subject to and in accordance with, the Administrative Decisions (Judicial Review) Act 1977, Archives Act 1983, Freedom of Information Act 1982, Ombudsman Act 1976, and the Privacy Act 1988 (and support the Commonwealth to meet its obligations under these Acts).
4.      For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.
5.      Section 61 has largely the same intended effect as regulation 132 in the 1997 Regulations. The section has been updated to clarify and rationalise the kinds of persons who may be authorised by the Secretary, and ensure individuals are appropriately qualified or experienced to exercise the relevant powers under this Division.
   •          The section has also been updated to include ‘a person authorised under the law of a state to prosecute offences related to the parking of vehicles’ as a person who may be authorised by the Secretary to better align with the kinds of persons who may be authorised under other Divisions in this Part.

Division 5 – Liability of owner of vehicle for offences

1.      This Division is included to clarify the liability of the owner of a vehicle for offences relating to parking in instances where the driver of the vehicle is not present or known. Similar provisions are included in state and territory vehicle parking and control regimes.
2.      This Division includes provisions that largely replicate the intent of regulation 155A and regulation 155B included in Part 7 of the 1997 Regulations (noting Part 7 outlined the infringement notice scheme under the 1997 Regulations). These provisions have been moved to Part 4 in the Regulations, to better reflect that they relate to vehicles, whether or not an infringement notice has been issued for the offence.
3.      The provisions have also been updated to clarify and better step out processes and requirements, and to better align with modern drafting standards. This has included making technical updates to the provisions to:
   •          refer to a ‘notice authority’ rather than an airport-operator company to correctly account for instances where there is not an appropriate appointment in place for an airport‑operator company to make decisions relating to matters such as the withdrawal of infringement notices; and
   •          explicitly clarify that the provisions apply to parking offences (rather than all offences under Part 4 of the Regulations), reflecting that the Division is intended to account for instances where the driver of a vehicle is not otherwise known (as they are not present with the vehicle).
4.      Other updates to specific sections are outlined in detail below.

Section 62 – Liability of owner of vehicle for parking offences

1.      Section 62 sets out that the owner of a vehicle is taken to be the driver in instances where a parking offence has occurred, unless a vehicle has been stolen, taken, or illegally used. The section also provides:
   •          in instances where the owner knows the driver – a mechanism for the owner to provide a statutory declaration to declare they were not the driver of the vehicle at the time the offence is alleged to have occurred and identify the driver;
   •          in instances where an infringement notice or summons has been served to the owner, and the owner does not know the driver – a mechanism for the owner to provide a statutory declaration to declare they were not the driver of the vehicle at the time the offence is alleged to have occurred, that they have been unable to identify the driver, and to outline the enquiries made to identify the person who was the driver of the vehicle at the time;
   •          in instances where an infringement notice has been served to the owner, and the owner does not know the driver – a requirement that the notice authority for an airport withdraw an infringement notice if the notice authority is satisfied (based on the above statutory declaration or otherwise) that the owner was not the driver, and has made reasonable enquiries with due diligence to identify the driver;
   •          in instances where a summons has been served to the owner, and the owner does not know the driver – a requirement that at the hearing of a prosecution in relation to the offence, the court must dismiss the charge if the court is satisfied (based on the above statutory declaration or otherwise) that the owner was not the driver, and has made reasonable enquiries with due diligence to identify the driver.
2.      For completeness, subsection 33(5) of the Acts Interpretation Act 1901 permits regulations to require the making of a statutory declaration despite any limitation on the penalties that may be prescribed by the regulations.
3.      A notice authority has the meaning given by section 85 of the Regulations. Further information is outlined in explanatory material for section 85.
4.      Section 62 also sets out other relevant administrative, evidential and liability matters, which are outlined in further detail below.

Owner presumed to be driver except in certain circumstances

1.      Subsection 62(1) provides that if a parking offence occurs at an airport in relation to a vehicle, the owner of the vehicle when the offence occurs is taken to have committed the offence as if the owner were the actual offender guilty of the offence, unless:
   •          the vehicle was, at the time of the offence, stolen or illegally taken or used; or
   •          subsection 62(2), subsection 62(4) or subsection 62(5) applies.
2.      Subsection 62(1) creates a presumption that deems the owner of the vehicle to have committed the offence, unless the owner is able to demonstrate to the satisfaction of the notice authority or court (as the case may be) that they have not committed the parking offence, as they were not the driver of the vehicle at the time of the offence (either because they can demonstrate that the vehicle was stolen or illegally taken or used, or because they can demonstrate that they were not the driver, and the driver is either known or unknown).
3.      Placing this requirement to rebut the presumption on the owner of the vehicle is appropriate in instances where the driver of a vehicle is not present at the time an alleged parking offence occurs, as the evidence that the owner of the vehicle was not the driver of the vehicle at the time the offence occurs is peculiarly within the knowledge of the owner, and it would be significantly more difficult and costly for the prosecution (or infringement officer) to disprove than for the owner to rebut the assumption.
   •          This is consistent with principles set out in section 4.3 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).

Declaration of known driver

1.      Subsection 62(2) provides that the owner of a vehicle is not taken to have committed the parking offence if:
   •          for an owner who is not a body corporate – within 14 days after service of an infringement notice or a summons for the offence, the person makes, and gives to the notice authority of the airport, a statutory declaration stating the declaration is made for the purposes of this section, the owner was not the driver of the vehicle at the time the offence is alleged to have occurred, and providing the name and address of the person who was the driver of the vehicle at that time; or
   •          for an owner that is a body corporate – if within 14 days after service of an infringement notice or a summons for the offence, a director, manager or secretary of the body corporate makes, and gives to the notice authority of the airport, a statutory declaration covering the same matters as required for a person who is not a body corporate.

Relation to 1997 Regulations

1.      Subsection 62(1) and subsection 62(2) are largely consistent with subregulation 155A(1) and subregulation 155A(2) in the 1997 Regulations.
2.      Subregulation 155A(2) in the 1997 Regulations also provided a mechanism for the ‘owner’ of a vehicle (whether a person or a body corporate) to provide a statutory declaration that they had sold or otherwise disposed of the vehicle before the offence occurred. These provisions have not been included in the Regulations, on the basis that if the vehicle has been sold or disposed of, then that person (or body corporate) would not be considered the owner of the vehicle at the time the offence occurred, and as such cannot be taken to have committed the offence by operation of subsection 62(1).

Declaration of unknown driver

1.      Subsection 62(3) provides that if an infringement notice or summons has been served on the owner of a vehicle for a parking offence at an airport:
   •          for an owner who is not a body corporate – within 14 days after service of an infringement notice or a summons for the offence, the owner may make, and give to the notice authority of the airport, a statutory declaration stating that the declaration is made for the purposes of this section, the owner was not the driver of the vehicle at the time the offence is alleged to have occurred, and the owner has not been able to find out who was the driver of the vehicle at the time, and the nature of enquiries made to find out the name and address of the person who was the driver of the vehicle at the time; or
   •          for an owner that is a body corporate – within 14 days after service of an infringement notice or a summons for the offence, a director, manager or secretary of the body corporate may make and give to the notice authority of the airport, a statutory declaration covering the same matters as required for a person who is not a body corporate.
2.      Subsection 62(4) subsequently provides that the notice authority for an airport in relation to offences against a provision must withdraw an infringement notice if satisfied that:
   •          for an owner that is not a body corporate – the owner was not the driver of the vehicle at the time the offence is alleged to have occurred, and the enquiries made by the owner to find the name and address of the person who was the driver of the vehicle were reasonable in the circumstances of the case and were carried out with due diligence; or
   •          for an owner that is a body corporate – the vehicle was not being used for the purposes of the body corporate at the time the offence was alleged to have occurred, and the enquiries made by the body corporate to find the name and address of the person who was the driver of the vehicle were reasonable in the circumstances of the case and were carried out with due diligence.
3.      Subsection 62(5) subsequently provides that at the hearing of a prosecution for a parking offence against the owner of a vehicle, the court must dismiss the charge if:
   •          for an owner who is not a body corporate – the owner was not the driver of the vehicle at the time the offence is alleged to have occurred, and the enquiries made by the owner to find the name and address of the person who was the driver of the vehicle were reasonable in the circumstances of the case and were carried out with due diligence; or
   •          for an owner who is a body corporate – the vehicle was not being used for the purposes of the body corporate at the time the offence was alleged to have occurred, and the enquiries made by the body corporate to find the name and address of the person who was the driver of the vehicle were reasonable in the circumstances of the case and were carried out with due diligence.
4.      Subsection 62(4) and subsection 62(5) both provide that the notice authority or court may be satisfied on the basis of a statutory declaration made in accordance with subsection 62(3), whether the owner is an individual or body corporate (as appropriate), or otherwise. This means the notice authority or court may also be satisfied on the basis of evidence other than a statutory declaration provided under subsection 62(3).

Relation to 1997 Regulations

1.      Subsection 62(3) and subsection 62(5) are largely consistent with subregulation 155A(3) and subregulation 155A(4) in the 1997 Regulations. The 1997 Regulations did not include an equivalent provision to subsection 62(4), and instead only dealt with treatment at the hearing of a prosecution for the offence in a manner largely consistent with subsection 62(5).
   •          Subsection 62(4) has been added to require a notice authority to withdraw an infringement notice, as this is an appropriate action in instances where the notice authority is satisfied the owner was not the driver of the vehicle, and as such should not be taken to have committed the offence, and is consistent with the requirements placed on a court for an equivalent offence.

Other matters

1.      Subsection 62(6) provides that if a notice authority appointed by the Secretary (under subsection 85(2)) receives a statutory declaration under section 62 in relation to a parking offence for which a summons has been served, the notice authority must give a copy of the statutory declaration to the Secretary.
   •          This provision has been added to the Regulations to ensure that in instances where the Secretary is not the notice authority for an airport relevant to the parking offence, the Commonwealth is still provided with a copy of the declaration, and may be able to provide the document to a court as necessary. This would not preclude an airport‑operator company appointed as a notice authority under subsection 85(2) from also providing the document to a court directly.
2.      Subsection 62(7) and subsection 62(8) set out evidentiary matters relevant to the section, providing that:
   •          at the hearing of a prosecution for a parking offence at an airport, a certificate issued by a notice authority for the airport stating that a person named in the certificate, or a director, manager or secretary of the body corporate named in the certificate, has not given the notice authority a statutory declaration under this section in relation to that offence is prima facie evidence of the matter so stated; and
   •          a certificate that purports to have been issued by the notice authority is to be taken to have been so issued unless the contrary is proved.
3.      Subsection 62(9) provides that section 62 does not affect the liability of the person who actually committed the offence if the person was not the owner of the vehicle involved in the offence. However, the section also provides that if a penalty has been imposed on or recovered from any person for the offence, no further penalty may be imposed on or recovered from anyone else for the same offence.

Relation to 1997 Regulations

1.      Subsection 62(7) to subsection 62(9) have largely the same intended effect as subregulation 155A(6) to subregulation 155A(8) in the 1997 Regulations. The subsections have been updated to better align with modern drafting standards.
2.      The 1997 Regulations also included subregulation 155A(9), which enabled an airport‑operator company to extend the 14 day period within which a statutory declaration may be provided by providing written notice to the owner of the vehicle. This has not been replicated in the Regulations to give greater consistency between airports, noting that:
   •          a notice authority may still withdraw an infringement notice under section 90, regardless of whether or not a statutory declaration is provided within the 14 day period, if it becomes evident the owner was not the driver at the time the offence was committed; and
   •          under subsection 62(4) and subsection 62(5), a notice authority or a court may still be satisfied the owner was not the driver at the time the offence was committed, on the basis of a statutory declaration or otherwise.

Section 63 – Copy of statutory declaration to be served

1.      Subsection 63(1) requires that a copy of a statutory declaration given under section 63(2) be served to a person named in the declaration if they are issued an infringement notice for the offence, or attached to the summons for the offence when it is served on the person (if the person is to be prosecuted for the offence).
2.      Subsection 63(2) provides that at a hearing of a prosecution for the offence against the person, the statutory declaration is prima facie evidence that the person was the driver of the vehicle at the time of the offence.
3.      Section 63 has largely same intended effect as regulation 155B in the 1997 Regulations. The section has been updated to better align with modern drafting standards.
   

Part 5 – Gambling

1.      Part 5 is made for the purposes of section 173 and section 177 of the Act, and provides the framework for the regulation of gambling at leased federal airports.

Airports excluded from the Part

1.      The leased federal airports were privatised by way of long-term leases from the mid‑1990s. During this process, the Australian Government advised all state and territory governments they could take up responsibility for regulating gambling on airport sites on the basis that state and territory governments were prepared to amend or adapt their gambling regulations to allow existing activities to continue. Only the NSW Government took up this opportunity.
2.      Consequently, the then Australian Government Minister for Transport and Regional Development wrote to state and territory governments in December 1997 indicating the Commonwealth would put in place regulations under Part 11 of the Act to control gambling at all leased federal airports not in NSW. This general policy setting was set out in the 1997 Regulations, and has been retained in the Regulations, which have also been updated to account for the expected opening of Sydney West Airport in 2026.
3.      Mount Isa Airport and Tennant Creek Airport have also been excluded from gambling controls put in place under Part 11 of the Act, reflecting their status as small remote airports, which are more appropriately subject to state and local government regulatory regimes. This general policy setting was set out in the 1997 Regulations, and has been retained in the Regulations, and is also consistent with the approach taken for regulations made for a variety of other purposes under the Act, which are similarly not applied to Mount Isa Airport or Tennant Creek Airport (including the approach taken in Part 6 of the Regulations, which relates to the control of smoking at airports).

Engaging in gambling activities is generally prohibited

1.      The Part sets out that engaging in gambling activities is generally prohibited at airports covered by the Regulations, with an exception to provide that historic gambling activities may continue to be engaged in in line with old gambling authorities that were in place immediately before the airport privatisation process.
2.      The Part sets out how these old gambling authorities are continued, and subsequently sets out a regime to facilitate the ongoing regulation of gambling activities permitted under these old gambling authorities, including a system to provide for the granting (or refusal) of a follow-on gambling permission to cover the same gambling activities, and the cancellation and suspension of old gambling authorities and gambling permissions.

Offences

1.      Part 5 includes an offence for a contravention of a provision within the Part. Section 175 of the Act provides that the regulations made for the purposes of Part 11 of the Act may prescribe penalties not exceeding 50 penalty units for offences against the regulations. All penalties prescribed in this Part are below 50 penalty units.
   

Relation to 1997 Regulations

1.      This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace. There have also been a variety of technical updates to the operation of the Part, which are outlined for each Division below.

Division 1 – Preliminary

1.      This Division sets out the purpose of the Part and prescribes activity-controlled airports to which gambling controls included in the Part apply.

Section 64 – Purposes of Part

1.      This provision has been included to make clear this Part is made for the purposes of section 173 and section 177 of the Act. An equivalent provision was not included in the 1997 Regulations.

Section 65 – Airports to which this Part applies

1.      Section 65 sets out that this Part applies to all activity-controlled airports, except for Sydney (Kingsford‑Smith) Airport, Sydney West Airport, Bankstown Airport, Camden Airport, Mount Isa Airport, and Tennant Creek Airport.
2.      This has the effect that gambling activities at these specifically listed airports are not controlled under Part 5 of the Regulations, and that gambling activities are permitted at these airports, provided they are undertaken in line with relevant state law, as applied by the Commonwealth Places (Application of Laws) Act 1970, or relevant territory law, as appropriate.
   •          In addition, Part 2 of the Regulations and Part 1 of Schedule 2 of the Regulations include a provision limiting the operation or keeping of gaming machines at licensed premises at Sydney (Kingsford‑Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport.
   •          This provision has been added as a result of the transfer of liquor controls at these airports to the NSW Government. It is intended to retain policy settings relating to gaming machines at these airports, and ensure that keeping of these machines continues to be limited on airport sites, consistent with the approach taken in other states and territories. Further information is included against explanatory material for Part 1 of Schedule 2 of the Regulations.
3.      This section has largely the same intended effect as the definition of regulated airport included in the regulation 136 in the 1997 Regulations. Sydney West Airport has been included in the list of airports excluded from the Part, in to ensure gambling at Sydney West Airport is regulated in a manner consistent with other leased federal airports in NSW, ahead of its anticipated opening by late 2026.
   

Division 2 – Regulation of gambling activity at airports

1.      This Division sets out that engaging in a gambling activity at an airport is prohibited, unless the gambling activity is in accordance with a gambling permission or old gambling authority.
2.      The Division also:
   •          makes clear that state (or territory) laws that permit a gambling activity do not apply at an airport; and
   •          sets out how state (or territory) laws regulating the conduct of a gambling activity are relevant for gambling activities undertaken at an airport.

Section 66 – Prohibition of gambling

1.      Section 66 sets out that a person commits an offence of strict liability if:
   •          the person engages in a gambling activity at an airport; and
   •          the gambling activity was not engaged in in accordance with a gambling permission or old gambling authority.
2.      It is appropriate that contravention of this provision is an offence of strict liability, as the offence is minor, readily understood, and easily proven, and failure to comply is obvious and deserving of punishment.
   •          As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to effectively control gambling on airport, to minimise potential social harms.
   •          It is necessary that this contravention be considered an offence of strict liability to ensure the effective control of gambling at an airport. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
3.      The section also sets a penalty of 10 penalty units for the offence.
4.      Section 66 has largely the same intended effect as regulation 137 in the 1997 Regulations. The section has been updated to better align with modern drafting standards.

Section 67 – State gambling laws do not apply

1.      Subsection 67(1) provides that a law of a state (or territory) that permits a gambling activity (whether or not subject to obtaining a licence or other permissions) does not apply at an airport.
2.      Subsection 67(2) provides that a law of a state (or territory) that regulates the conduct of a gambling activity does not apply at an airport in its own force.
3.      Subsection 67(3) provides that it is a condition of any gambling permission or old gambling authority that the permitted or authorised gambling activity must be engaged in in compliance with a law of a state (or territory) that would, but for this section, apply to the activity, except to the extent that:
   •          the law requires a person to obtain a licence or permission for the activity; or
   •          the law requires a person to make a report or return about the activity; or
   •          the law is inconsistent with the terms of the gambling permission or old gambling authority.

Relation to 1997 Regulations

1.      Section 67 has largely the same intended effect as regulation 138 and regulation 139F in the 1997 Regulations. The section has been updated to better align with modern drafting standards, and to clarify it is a condition of any gambling authority or permission that the permitted or authorised gambling activity must be engaged in in compliance with relevant state (or territory) laws, unless one of the conditions in subsection 67(3) applies.
   •          The 1997 Regulations instead required that a person engaged in a permitted or authorised gambling activity must comply with any law of a state (or territory) that would apply to the activity if the state law applied at the airport (so far as the law was not inconsistent with the authority or permission). Under this framing, it was not clear how compliance with a relevant state law could be enforced in relation to a permitted or authorised gambling activity.
   •          This revision is intended to clearly outline how relevant state (and territory) laws operate in relation to permitted and authorised gambling activities (in that complying with such a law is a condition of the gambling authorisation or permission), and particularly, meaning that non-compliance is a matter that may be enforced by the Commonwealth in relation to the gambling permission or authority.

Division 3 – Continuation of old gambling authority

1.      This Division sets out how old gambling authorities continue to have effect under the Regulations, providing that historic gambling activities may continue to be undertaken in line with old gambling authorities in place immediately before the airport privatisation process.

Section 68 – Old gambling authority continues to have effect

1.      Subsection 68(1) sets out that subject to subsection 68(3), an old gambling authority for a gambling activity continues to have effect according to its terms, including:
   •          the kind of gambling activity authorised; and
   •          restrictions on the gambling activity, such as the number and type of gaming machines permitted; and
   •          restrictions on when the gambling activity may be engaged in; and
   •          any other conditions on the way the gambling activity is engaged in; and
   •          terms as to when the old gambling authority ceases to be in effect.
2.      Subsection 68(2) provides that in this instrument, the term old gambling authority means an authority to engage in a gambling activity at an airport that was given to a person by the former Federal Airports Corporation (FAC) or the Commonwealth before an airport lease was first granted in respect of the airport site, however the authority is described and including an authority that is part of the terms of a lease or licence.
   •          The FAC ceased operations in August 1998.
3.      Section 68 has largely the same intended effect as regulation 139 in the 1997 Regulations. The section has been updated to better align with modern drafting standards, and to account for equivalent updates to how section 67 now applies state (or territory) law in relation to an old gambling authority or gambling permission (i.e. as a condition of the authority or permission).
4.      Regulation 138A in the 1997 Regulations set out transitional provisions relating to old gambling authorities for gambling activities at an airport in NSW. These provisions are spent, and are not included in the Regulations.
   

Division 4 – Permission to engage in gambling activity

1.      This Division provides a mechanism for certain people to apply to the Secretary to engage in a gambling activity at an airport (in very limited circumstances) to permit the continuation of historic gambling activities on an airport, broadly in line with the original terms. This includes setting out:
   •          who may apply for permission to engage in a gambling activity;
   •          how the application may be made;
   •          how the Secretary is to decide an application (including matters the Secretary must have regard to);
   •          how the Secretary is to impose conditions on a gambling permission;
   •          how notice of a decision is to be provided to an applicant (including providing reasons);
   •          the terms of a granted permission; and
   •          merits review processes.

Relation to 1997 Regulations

1.      The Division been updated to more closely align with modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace. The Division has been reordered to more logically flow through the application and decision process, including more explicitly setting out how the application may be made, how the Secretary may make a decision, and which decisions are subject to merits review.

Section 69 – Application for gambling permission

1.      Section 69 provides that certain people may apply to the Secretary for permission to engage in a gambling activity at an airport, but only in specific, and quite limited, circumstances.
2.      Subsection 69(1) sets out a person may apply to the Secretary, in writing, for permission to engage in a gambling activity at an airport, but only if:

• the person currently holds a gambling permission for the gambling activity at the airport; or
• the person holds an old gambling authority for the gambling activity at the airport; or
• the person has purchased or is to purchase a business that includes engaging in the gambling activity at the airport, from a person that holds a gambling permission or an old gambling authority for the gambling activity at the airport; or
  
• the person has taken or is taking responsibility for administering a business that includes engaging in the gambling activity at the airport in accordance with a gambling permission or an old gambling authority, due to the person being a liquidator of a corporation, a trustee in bankruptcy, the executor of the estate or having a similar role.

1.      Subsection 69(2) sets out that the application must include evidence that an airport‑operator company for the airport consents to the person engaging in the gambling activity at the airport.
2.      Subsection 69(3) sets out that if the person making the application has purchased, or is to purchase a relevant business, or has taken or is taking responsibility for administering a relevant business, the application must also include evidence the person is eligible to make the application with reference to paragraph 69(1)(c) or paragraph 69(1)(d).
3.      Section 69 has largely the same intended effect as regulation 139A and subregulation 139B(1) in the 1997 Regulations. The section has been updated to streamline and simplify provisions relating to making an application, and to better align with modern drafting standards.
4.      Subsection 69(2) has been added to ensure an airport-operator company has consented to an application before it is given to the Secretary.
   •          This is provides airport-operator companies with an opportunity to input into decisions around gambling authorities on the airport site, generally in the place of a local government authority (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).
   •          This is consistent with modifications to state liquor laws to ensure airport‑operator companies are given an opportunity to input into decision making processes, included in Part 2 of the Regulations and Schedule 2. An equivalent provision was included in Part 1A of the 1997 Regulations relating to the control of liquor in NSW.

Section 70 – Decision on application

1.      Subsection 70(1) sets out that if the Secretary receives an application for a gambling permission for a gambling activity at an airport made in accordance with section 69, the Secretary must decide:

• whether to grant the gambling permission to the applicant; and
• if the Secretary decides to grant the permission – the conditions the permission is subject to.

1.      Subsection 70(2) sets out that if the Secretary reasonably needs more information from the applicant to decide the application, the Secretary may ask the applicant in writing to provide the information. The subsection provides that such a request must state a reasonable time to provide the information.
2.      Subsection 70(3) sets out that if the Secretary does not decide on the application within 30 days after receiving it, the Secretary is taken to have refused the application. The subsection provides that the period of 30 days does not include any time between the Secretary making a request under subsection 70(2) and the applicant providing the information.
3.      Subsection 70(1) to subsection 70(3) have largely the same intended effect as subregulations 139B(2) and 139B(3) in the 1997 Regulations. The provisions have been updated to better align with modern drafting standards, and to clearly outline the decisions the Secretary may make with respect to an application (i.e. deciding whether or not to grant a gambling permission, and deciding the conditions that a granted gambling permission is subjected to).

Factors in decision

1.      Subsection 70(4) sets out matters the Secretary must have regard to in deciding whether to grant a gambling permission for the gambling activity at the airport, including:
   •          how permitting the gambling activity affects the amenity of the airport;
   •          the extent to which permitting the gambling activity is likely to result in social harm;
   •          whether the applicant has engaged in a gambling activity at an airport that was not authorised by a gambling permission or an old gambling authority;
   •          whether the applicant has engaged in a gambling activity at an airport in a way that was not in accordance with the terms of a gambling permission or an old gambling authority;
   •          whether the applicant has breached a condition of a gambling permission or authority;
   •          whether the applicant has breached a state (or territory) law relating to gambling, and if so, the nature of the breach.
2.      Subsection 70(5) sets out that in deciding what conditions the gambling permission is subject to, the Secretary must:
   •          consider whether it is appropriate to impose different conditions on the permission from the conditions that applied to the previous gambling permission or old gambling authority for the activity at the airport mentioned in subsection 70(1); and
   •          in considering that question, have regard to the matters mentioned in subsection 70(4).
3.      Subsection 70(5) has been framed to require consideration of if it is appropriate to impose different conditions on the permission from the conditions that applied to the previous gambling permission or old gambling authority for the activity to enable the Secretary to consider and account for if there have been changes since the original permission or old gambling authority was granted.
   •          This is intended to account for substantial changes to technologies and gambling regulatory settings off-airport since old gambling authorities were originally granted (and the conditions associated with those authorities were set), before the airport privatisation process in the 1990s.
4.      Subsection 70(6) provides that the Secretary may have regard to any other matter that the Secretary considers relevant when making a decision under this section.
5.      The 1997 Regulations did not include equivalent provisions to subsection 70(4) to subsection 70(6). These subsections have been added to make clear on what basis the Secretary may make a decision on an application for a gambling permission, including matters the Secretary must have regard to in deciding whether to grant a gambling permission, and in deciding what conditions the permission is subject to.

Conditions

1.      Without limiting the conditions the Secretary may impose on a gambling permission for a gambling activity at an airport, subsection 70(7) sets out that the Secretary may:
   •          impose any of the conditions that applied to the previous gambling permission or old gambling authority for the activity as the airport mentioned in subsection 70(1); or
   •          limit or specify the times or days during which the gambling activity may be engaged in; or
   •          limit the amount of the gambling activity (for example, by limiting the number or type of gaming machines that may be operated); or
   •          require the holder of the permission to exclude certain kinds of people from the gambling activity, such as children; or
   •          impose requirements relating to prizes or return to players.
2.      Subsection 70(7) also includes a note that subsection 67(3) imposes a condition that applies to all gambling permissions. Further detail on this condition is included against explanatory material for section 67.
3.      Subsection 70(8) sets out the Secretary must not impose a condition requiring the gambling activity to be engaged in at particular premises at the airport.
   •          This is intended to reflect that decisions on the specific premises on an airport site where a gambling activity may be engaged in are a matter for agreement between the airport-operator company and any sub-lessees that hold a gambling permission on a commercial basis, and to account for instances where tenants may move within the airport site.
4.      Subsection 70(7) and subsection 70(8) have largely the same intended effect as subregulation 139D(4) and subregulation 139D(5) in the 1997 Regulations. The subsections have been updated to better align with modern drafting standards, and provide further examples of conditions that may be imposed on a gambling permission that were outlined in subregulation 139I(2) of the 1997 Regulations.

Reasons for decision

1.      Subsection 70(9) requires the Secretary to give an applicant notice in writing of a decision under this section.
2.      Subsection 70(10) requires the Secretary to also give the applicant a statement of reasons for:
   •          a decision not to grant a gambling permission; or
   •          a decision to grant a gambling permission subject to a condition that was not imposed on the previous permission or authority mentioned in subsection 69(1).
3.      The 1997 Regulations did not include equivalent provisions to subsection 70(9) and subsection 70(10). These subsections have been added to make clear that notice of the Secretary’s decision must be provided to an applicant in writing, and a statement of reasons must be provided for decisions not to grant a permission, or to grant a permission subject to altered conditions.
   •          Subsection 70(10) is framed to provide that a statement of reasons must be given in relation to a decision to grant a gambling permission subject to a condition that was not imposed on a previous permission or authority, rather than a decision to grant a gambling permission subject to conditions more generally.
   •          This is intended to account for instances where the old authority or previous permission included conditions that are replicated in the new permission. The subsection provides a mechanism to ensure the reasons for imposing any new conditions are appropriately explained to the holder, without unintentionally requiring the reasons for conditions imposed under an old gambling authority or previous permission to be explained each time a new permission is granted.

Relation to 1997 Regulations

1.      Section 70 has largely the same intended effect as subregulation 139B(2), subregulation 139B(3), regulation 139C, subregulation 139D(4), and subregulation 139D(5) in the 1997 Regulations. The section has been updated to better align with modern drafting standards, and streamline provisions relating to the Secretary’s decision-making process.
2.      The section has also been updated to more explicitly outline that the Secretary is making a decision in relation to the application, and provide for matters the Secretary must take into account when deciding whether or not to grant a gambling permission, and what conditions to impose on the permission.
3.      Lastly, the section has been updated to require the Secretary to provide written notice of a decision, including a statement of reasons for a decision to refuse a permission, or to alter conditions imposed on a permission.

Section 71 – Terms of granted permission

1.      Subsection 71(1) provides that if the Secretary decides to grant a gambling permission to a person for a gambling activity at an airport, the Secretary must give the permission to the person in writing.
2.      Subsection 71(2) requires that the permission:
   •          specify the gambling activity that may be engaged in; and
   •          specify the airport at which the gambling activity may be engaged in; and
   •          state when the permission commences and when it ceases to have effect; and
   •          set out the conditions that apply to the activity.
3.      Subsection 71(3) requires that in setting out the conditions that apply to the activity, the permission must refer to the condition imposed by subsection 67(3), and may specify a state (or territory) law that does not need to be complied with when engaging in the permitted gambling activity.
4.      Subsection 71(4) and subsection 71(5) provide that:
   •          the period the permission will be in effect must not be longer than 5 years; and
   •          a gambling permission is not transferable.
5.      Section 71 has largely the same intended effect as subregulation 139D(1), subregulation 139D(3), subregulation 139D(6), and regulation 139E in the 1997 Regulations. The section also incorporates the aspects of subregulation 139D(3) in the 1997 Regulations that may relevantly be outlined in the written permission.
6.      The section has been updated to better align with modern drafting standards, and incorporate matters outlined in regulation 139D and regulation 139E in the 1997 Regulations that should be clearly outlined in the written permission.
7.      The section has also been updated to ensure a gambling permission explicitly outlines the condition to comply with relevant state (or territory) laws imposed by subsection 67(3), and provides a mechanism for the gambling permission to explicitly outline which state (or territory) laws do not need to be complied with when engaging in the permitted gambling activity. An equivalent provision was not included in the 1997 Regulations.
   •          This provision has been included to provide a mechanism for the Commonwealth to clearly set out which state (or territory) laws are relevant to the permission, and should be complied with under subsection 67(3), so the holder has a clear understanding of the state or territory laws they must comply with when engaging in the gambling activity.
     

Section 72 – Review of decisions

1.      Section 72 provides that applications may be made to the ART for review of a decision under subsection 70(1):
   •          not to grant a gambling permission for a gambling activity at an airport; and
   •          to grant a gambling permission for a gambling activity at an airport subject to a condition that was not imposed on the previous permission or authority for the activity at the airport (mentioned in subsection 69(1)).
2.      The ART is a federal administrative review body established under the Administrative Review Tribunal Act 2024. In 2026, further information on the ART was publicly available on the website for the ART (see https://www.art.gov.au).
   •          The latest version of the Administrative Review Tribunal Act 2024 is available at the FRL (https://www.legislation.gov.au).
3.      The section has largely the same intended effect as regulation 139G in the 1997 Regulations. The section has been updated to explicitly outline which decisions under the Division may be subject to merits review.
4.      Section 72 has been framed to account for instances where the old authority or previous permission included conditions that are replicated in the new permission.
   •          The section provides a mechanism to ensure a decision to impose any new conditions may be appropriately subject to merits review, without unintentionally providing for conditions imposed under an old gambling authority or previous permission to be subject to merits review each time a new permission is granted (as the appropriate time for these conditions to have been subject to merits review would have been following the granting of the old authority or a previous permission).
5.      Consistent with Australian Government guidance set out in What decisions should be subject to merit review, the section does not provide for a decision to request further information to be subject to merits review (as this is a preliminary or procedural decision).
   •          In 2026, this guidance was publicly available on the website for the Attorney‑General’s Department (see https://www.ag.gov.au/legal-system/publications/what-decisions-should-be-subject-merit-review-1999).
     

Division 5 – Cancellation and suspension of permissions and authorities

1.      This Division provides a mechanism for the cancellation or suspension of a gambling permission or old gambling authority where necessary. This includes setting out:
   •          how the Secretary may give a show cause notice in relation to a breach of a gambling permission or old gambling authority (including providing for a possible temporary suspension of the gambling permission or old gambling authority);
   •          how the Secretary is required to make a decision in relation to a cancellation of a gambling permission or old gambling authority;
   •          how notice of a decision is to be provided to the holder;
   •          processes for the Secretary to cancel a gambling permission or old gambling authority at the request of the holder; and
   •          merits review processes.
2.      The Division been updated to more closely align with modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace.

Section 73 – Cancellation due to breach – show cause notice and possible suspension

Show cause notice

1.      Subsection 73(1) sets out that the Secretary may give a show cause notice to the holder of a gambling permission or old gambling authority for a gambling activity at an airport, if the Secretary reasonably believes that:
   •          the holder has engaged in a gambling activity that is not authorised by the permission or authority;
   •          the holder has engaged in a gambling activity in a way that is not in accordance with the terms of the permission or authority;
   •          the holder has breached a condition of the permission or authority; or
   •          for a gambling permission – the application for the permission, or a document or statement supplied in support of the application or a response to a request for further information, was false or misleading in a material particular.
2.      Subsection 73(2) provides that the Secretary may also suspend the gambling permission or old gambling authority if the Secretary reasonably considers the breach forming the grounds for the show cause notice is sufficiently serious to justify suspension.
   
3.      Subsection 73(3) outlines matters that must be included in the show cause notice, including:
   •          stating the grounds on which the notice is given;
   •          if the permission or authority is suspended – stating it is suspended; and
   •          inviting the holder of the permission or authority to give the Secretary, within a reasonable period stated in the notice, a written statement showing cause why the permission or authority should not be cancelled.

Period of suspension

1.      Subsection 73(4) provides that if a show cause notice states that a gambling permission or old gambling authority is suspended, the suspension commences when the show cause notice is given to the holder.
2.      Subsection 73(5) provides that the suspension may be revoked by the Secretary at any time, and that the Secretary must give the holder a written notice of the revocation.
3.      Subsection 73(6) provides that if the suspension has not been revoked, it ends 90 days after the day on which it commenced.

Relation to 1997 Regulations

1.      Section 73 has largely the same intended effect as regulation 139H in the 1997 Regulations. The section has been updated to better align with modern drafting standards, re-ordered to more logically step through process of issuing a show cause notice, and updated to clarify the basis on which a show cause notice may be issued.
2.      Subsection 73(1) has also been updated to explicitly provide that a show cause notice may be issued if the Secretary reasonably believes the application for a gambling permission, or a document or statement supplied in support of the application or a response to a request for further information, was false or misleading in a material particular. An equivalent provision was not included in the 1997 Regulations.
   •          This provision has been included to provide a mechanism for issuing a show cause notice (and potential suspension) if it comes to light that a permission has been granted on the basis of false or misleading information. An equivalent provision has been included in subsection 74(2) in relation to a decision to cancel a gambling permission (following the show cause notice process).
3.      Subsection 73(2) been updated to make clear that the Secretary may make a decision to temporarily suspend a gambling permission or old gambling authority. Subregulation 139H(3) in the 1997 Regulations instead framed this suspension as a matter that may be outlined in a show cause notice, rather than an explicit decision of the Secretary.
4.      Subsection 73(5) has been updated to require the Secretary to provide written notice if a suspension is revoked. This was not explicitly outlined in subregulation 139H(5) in the 1997 Regulations.

Section 74 – Decision on cancellation

1.      Subsection 74(1) provides that the Secretary must, after giving the holder of a gambling permission or old gambling authority for a gambling activity at an airport a show cause notice under section 73, and considering any written statement given by the holder in accordance with the show cause notice, decide whether to cancel the permission or authority.
2.      Subsection 74(2) provides that the Secretary may decide to cancel the permission or authority if the Secretary is satisfied that:
   •          the holder has engaged in a gambling activity that is not authorised by the permission or authority;
   •          the holder has engaged in a gambling activity in a way that is not in accordance with the terms of the permission or authority;
   •          the holder has breached a condition of the permission or authority; or
   •          for a gambling permission – the application for the permission, or a document or statement supplied in support of the application or a response to a request for further information, was false or misleading in a material particular.
3.      Subsection 74(3) provides that if the Secretary suspended the permission or authority under section 73, and then decides not to cancel the permission or authority, the Secretary must revoke the suspension.
4.      Subsection 74(4) requires that the Secretary give the holder of the permission or authority notice in writing of a decision under this section.
5.      Subsection 74(5) subsequently requires that the Secretary give the holder a statement of reasons for a decision to cancel the permission or the authority.

Relation to 1997 Regulations

1.      Section 74 has largely the same intended effect as regulation 139I in the 1997 Regulations. The section has been updated to better align with modern drafting standards, and to streamline and more logically step through the show cause notice, suspension and decision-making process.
2.      Subsection 74(1) has been included to more explicitly outline that a decision must be made by the Secretary on whether to cancel a permission or authority after a show cause notice has been issued under section 73, taking into account any written representation made by the holder.
3.      Subsection 74(2) has been updated to make clear the Secretary may cancel a permission or authority if satisfied of a matter outlined in the subsection. Subregulation 139(1) in the 1997 Regulations instead provided that the Secretary may cancel a permission or authority if the Secretary has reasonable grounds for believing one of the matters outlined in the equivalent provision, paragraph 139(1)(c), in the 1997 Regulations.
   •          This update provides a more appropriate threshold for the cancellation of a permission or authority, which may have a substantial impact on a holder’s ability to operate a business on an airport site.
4.      Subsection 74(2) has also been updated to explicitly provide that the Secretary may cancel a gambling permission if satisfied the application for a gambling permission, or a document or statement supplied in support of the application or a response to a request for further information, was false or misleading in a material particular. An equivalent provision was not included in the 1997 Regulations.
   •          This provision has been included to provide a mechanism for cancellation if it comes to light that a permission has been granted on the basis of false or misleading information. An equivalent provision has been included in subsection 73(1) in relation to issuing a show cause notice (and potential suspension).
5.      Subsection 74(3) and subsection 74(4) replace subregulation 139I(3) in the 1997 Regulations.
6.      Subsection 73(4) has been updated to explicitly require that written notice must be provided for a decision to cancel an authority or gambling permission. This was not explicitly outlined in subregulation 139I(3) in the 1997 Regulations, which only required written notice to be provided for a decision not to cancel an authority or permission.
7.      Subsection 73(5) has also been added to require the Secretary to provide a statement of reasons for a decision to cancel a permission or authority. This was not explicitly outlined in subregulation 139H(3) in the 1997 Regulations.
8.      Subregulation 139H(2) in the 1997 Regulations defined a condition for the purposes of considering whether or not a condition of the gambling permission or authority had been breached. Given these conditions are relevant to the operation of a gambling permission or old gambling authority (and not just matters for the Secretary to consider when determining to cancel a permission or authority), the matters covered in this previous definition have been more appropriately incorporated into:
   •          subsection 68(1), which provides some examples of matters that may be outlined in an old gambling authority, which continue to have effect according to its terms; and
   •          subsection 70(7) covering some potential conditions the Secretary may impose on a gambling permission.

Section 75 – Cancellation at request of holder

1.      Subsection 75(1) provides that the Secretary must cancel a gambling permission or old gambling authority for a gambling activity at an airport if the holder of the permission or authority makes a request in writing for it to be cancelled.
2.      Subsection 75(2) provides that the cancellation takes effect when the request is given to the Secretary, or if a later day is stated in the request, on the stated day.
3.      The section has largely the same intended effect as regulation 139J in the 1997 Regulations.

Section 76 – Review of decisions

1.      Section 76 provides that applications may be made to the ART for review of a decision under section 74 to cancel a gambling permission or old gambling authority for a gambling activity at an airport.
2.      Section 76 does not provide for a decision under subsection 73(2) to issue a suspension notice to be subject to merits review by the ART.
   •          This is consistent with Australian Government guidance outlined in What decisions should be subject to merit review, as the decision to issue a suspension notice is a preliminary, procedural decision to limit harm prior to a final decision on whether to cancel an authority or permission being made.
   •          There is a mechanism outlined in the Regulations for the suspension to be appropriately managed through responding to the show cause notice for the final decision to be made (and the suspension to be revoked in instances where the decision is not to cancel).
   •          It also likely there would be no appropriate remedy in relation to a decision to issue a suspension notice. The suspension period is likely to have lapsed prior to a review by the ART commencing, as the decision to cancel the permission or authority, or to revoke the suspension, will have already been made by the Secretary. A decision to cancel a permission or authority could subsequently be subject to merits review.
   •          In 2026, this guidance was publicly available on the website for the Attorney‑General’s Department (see https://www.ag.gov.au/legal-system/publications/what-decisions-should-be-subject-merit-review-1999).
3.      The ART is a federal administrative review body established under the Administrative Review Tribunal Act 2024. In 2026, further information on the ART was publicly available on the website for the ART (see https://www.art.gov.au).
   •          The latest version of the Administrative Review Tribunal Act 2024 is available at the FRL (https://www.legislation.gov.au).
4.      The section has largely the same intended effect as regulation 139K in the 1997 Regulations. The section has been updated to explicitly outline which decisions under the Division may be subject to merits review.

Part 6 – Smoking

1.      Part 6 is made for the purposes of section 174 of the Act, and provides the framework for the regulation of smoking at leased federal airports.
2.      Part 6 sets out a scheme for airport-operator companies at all activity-controlled airports to designate specified areas of the airport as a no-smoking area, makes it an offence for a person to smoke in a designated no‑smoking area, and establishes a framework for the Secretary to appoint infringement officers for this purpose.
3.      Relevant state (and territory) smoking laws are otherwise applied on the airport site as Commonwealth law (to the extent they are able to do so), either in accordance with the Commonwealth Places (Application of Laws) Act 1970, or in their own right (for territory laws).

Offences

1.      Part 6 includes an offence for a contravention of a provision within the Part. Section 175 of the Act provides that the regulations made for the purposes of Part 11 of the Act may prescribe penalties not exceeding 50 penalty units for offences against the regulations. All penalties prescribed in this Part are below 50 penalty units.

Relation to 1997 Regulations

1.      This Part has been updated to better align with modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace.

Section 77 – Purposes of Part

1.      This provision has been included to make clear this Part is made for the purposes of section 174 of the Act. An equivalent provision was not included in the 1997 Regulations.

Section 78 – Airports to which this Part applies

1.      Section 78 provides that Part 6 of the Regulations applies to all activity-controlled airports except Mount Isa Airport and Tennant Creek Airport.
2.      Mount Isa Airport and Tennant Creek Airport have been excluded from smoking controls put in place under Part 11 of the Act since the airport sales process, reflecting their status as small remote airports, which are more appropriately subject to state and local government regulatory regimes. This general policy setting has been retained in the Regulations, and is also consistent with the approach taken for regulations made for a variety of other purposes under the Act, which are similarly not applied to Mount Isa Airport or Tennant Creek Airport (including the approach taken in Part 5 of the Regulations, which relates to the control of gambling at airports).
3.      Section 78 has largely the same intended effect as regulation 140 in the 1997 Regulations. The provision has been updated to more clearly and explicitly outline which airports Part 6 of the Regulations applies to.

Section 79 – No‑smoking areas

1.      Subsection 79(1) provides that an airport-operator company for an airport may designate an area of the airport as an area in which smoking is not permitted (a no‑smoking area).
2.      Subsection 79(2) provides that the airport-operator company must ensure an area is marked by a prominent sign bearing the words “No Smoking”.
3.      Subsection 79(3) sets out that the designation of an area as a no-smoking area is of no effect if it is not marked as required by subsection 79(2).
4.      Section 79 has largely the same intended effect as regulation 141 in the 1997 Regulations. The section has been updated to better align with modern drafting standards. Subsection 79(3) has been included to clarify that if an area is not appropriately marked as required in the section, then the designation of the area has no effect.

Section 80 – Offence – smoking

1.      Section 80 sets out that a person commits an offence of strict liability if the person smokes in a marked no-smoking area. Section 80 provides that the penalty for this offence is 3 penalty units.
   •          As the offence is framed as an offence of strict liability, this will enhance the effectiveness of the enforcement regime in place to control smoking at airports, to minimise potential public health impacts.
   •          It is necessary that this contravention be considered offences of strict liability to effectively preserve public health. This framing is consistent with expectations set out in section 2.2.6 of the Guide.
   •          In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers).
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
2.      Part 7 of the Regulations provides that infringement notices may be issued in relation to an alleged contravention of a provision in Part 6 which constitutes an offence of strict liability, including this provision. Further information on infringement notices is outlined in explanatory material for Part 7 of the Regulations.
3.      Section 80 has largely the same intended effect as regulation 142 in the 1997 Regulations. The section has been updated to better align with modern drafting standards.

Section 81 – Infringement officers

1.      Section 81 provides that the Secretary may appoint any of the following as an infringement officer for an airport for the purposes of section 80:

• an employee of the department;
• a member, special member, protective service officer or special protective service officer of the Australia Federal Police;
• an employee of an airport-operator company, or of a contractor or subcontractor of an airport-operator company;
• an individual engaged by an airport-operator company as a contractor, or who is a subcontractor of a contractor of an airport-operator company;
• any other individual the Secretary considers to be appropriately qualified or experienced to exercise the powers of an infringement officer under Part 7 of this instrument.

1.      The section provides for a comparatively wide variety of persons to be appointed as an infringement officer. This is consistent with the approach taken in the 1997 Regulations, and is intended to provide sufficient flexibility to account for different operations across airports covered by the Division, from significant metropolitan airports with substantial AFP presences, to regional and remote airports where controls are largely enforced by airport-operator companies and security contractors.
   •          Given the high frequency with which the powers may need to be applied across wide geographic areas, this precludes the limitation of these powers to SES officers within the APS. The powers that may be exercised under the Division also involve the application of clear rules, and concern offences involving strict liability such that difficult discretionary judgements are unlikely to arise.
   •          Appointments of infringement officers are generally made to provide the AFP, alongside employees of an airport-operator company, or contractors or subcontractors of an airport-operator company, who are generally security management firms, to perform the duties of an infringement officer.
   •          These classes of persons have been performing such duties at airports since the 1997 Regulations were made, and continue to have the requisite capability and experience to perform these functions.
   •          In instances where an airport-operator company has been appointed a notice authority for an airport under section 85(3) of the Regulations, appropriate arrangements must be in place for the management of amounts paid under infringement notices that an airport-operator company receives on behalf of the Commonwealth.
     
   •          Arrangements made for these purposes generally require the airport-operator company, and its employees, contractors and subcontractors (including infringement officers), to comply with relevant Commonwealth Policies, including the Australian Public Service (APS) Code of Conduct, and to the extent necessary to perform the relevant functions, be subject to the same level of accountability that applies to Commonwealth personnel in, and act as if subject to and in accordance with, the Administrative Decisions (Judicial Review) Act 1977, Archives Act 1983, Freedom of Information Act 1982, Ombudsman Act 1976, and the Privacy Act 1988 (and support the Commonwealth to meet its obligations under these Acts).
2.      For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.
3.      Section 81 has largely the same intended effect as regulation 143 in the 1997 Regulations. The section has been updated to clarify the kinds of persons who may be authorised by the Secretary, and ensure individuals are appropriately qualified or experienced to exercise the relevant powers.
4.      The section has also been updated to better reflect that the only authorisations the Secretary can make relevant to Part 6 are for the appointment of infringement officers to issue infringement notices for a contravention of subsection 80(1) in line with Part 7 of the Regulations.
   

Part 7 – Infringement notices

1.      Part 7 is made for the purposes of section 176 of the Act, and provides the framework for issuing of infringement notices for contravention of provisions under the Regulations that are subject to an infringement notice.
2.      Subsection 176(1) of the Act provides that the Regulations may make provisions enabling a person who is alleged to have committed an offence against regulations made for the purposes of Part 11 of the Act to pay a penalty to the Commonwealth as an alternative to prosecution.
3.      Subsection 176(2) of the Act requires that the penalty for these infringement notices must equal one-fifth of the maximum fine a court could impose as a penalty for the offence.

Relation to 1997 Regulations

1.      This Part has been substantially updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1997 Regulations they replace. This includes better aligning the regulations with the Guide, and equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014, to the extent able.

• In 2026, the most recent version of the Guide was publicly available on the website for the Attorney-General’s Department (see https://www.ag.gov.au/legal-system/publications/guide-framing-commonwealth-offences-infringement-notices-and-enforcement-powers). The latest version of the Regulatory Powers (Standard Provisions) Act 2014 is available at the FRL (https://www.legislation.gov.au).

Section 82 – Purposes of Part

1.      This provision has been included to make clear this Part is made for the purposes of section 176 of the Act. An equivalent provision was not included in the 1997 Regulations.

Section 83 – Provisions subject to infringement notices

1.      Section 83 outlines offences under the Regulations for which an infringement notice may be issued. This includes the following provisions which are subject to an infringement notice:
   •          A provision in Part 4 (relating to vehicles), contravention of which constitutes an offence of strict liability; and
   •          A provision of Part 6 (relating to smoking), contravention of which constitutes an offence of strict liability.

Infringement notices for minor offences of strict liability

1.      To minimise the risk that innocent people will pay an infringement notice penalty to avoid the expense of contesting proceedings, Section 6.2.1 of the Guide notes that infringement notice schemes should only apply to:

• minor offences with strict or absolute liability, and where a high volume of contraventions is expected, and
• offences which are readily understood and easily proven and where failure to comply is obvious, unacceptable and deserving of punishment.

1.      Each of the provisions subject to an infringement notice align with this expectation, as they relate to minor offences of strict liability, where a high volume of contraventions may be expected, noting the substantial movements of people and vehicles within airport sites, particularly at the significant airports covered by the Regulations.
2.      Each of the offences subject to infringement notices are readily understood, easily proven, and failure to comply is obvious, unacceptable and deserving of punishment, including:
   •          not complying with parts of the Australian Road Rules relating to restrictions on stopping and parking applied on the landside of an airport covered by Division 2 of Part 4 of the Regulations;
   •          leaving a taxi unattended in a marked taxi zone on the landside of an airport covered by Division 2 of Part 4 of the Regulations;
   •          refusing to show a relevant authority card for drivers of taxis, hire vehicle and public buses to an authorised person on the landside of an airport covered by Division 2 of Part 4 of the Regulations;
   •          not complying with the direction of an authorised officer to move a vehicle contravening a parking control provision, or to move a taxi causing interference with the operation of a marked taxi zone, on the landside of an airport covered by Division 2 of Part 4 of the Regulations;
   •          parking or stopping in an inappropriate area on the airside of an airport;
   •          not complying with the direction of an authorised officer to move a vehicle on the airside of an airport;
   •          driving a vehicle on the airside of an airport without permission or an escort;
   •          not complying with the direction of an escort while driving a vehicle on the airside of an airport;
   •          refusing to show a relevant authority and identification to an authorised person on the airside of an airport;
   •          driving, stopping or parking a vehicle within 3 metres of an aircraft on the airside of an airport;
   •          not complying with the direction of an authorised person to remove a vehicle from the airside of an airport while driving a vehicle on the airside of an airport.
3.      Each of these provisions being subject to an infringement notice is necessary to:
   •          ensure the effective control of vehicle operation and parking on the landside of an airport, to prevent loss, injury or interference with the normal flow of traffic; or
   •          ensure the effective control of vehicle operation and parking on the airside of an airport, to prevent dangers to persons and property (including aircraft and other vehicles); and
   •          ensure the parking and movement of vehicles on the landside and airside of an airport can be managed in a safe, secure and efficient manner that prevents interference in airport operations.
4.      Similarly, the offence under Part 6 (relating to smoking) is readily understood, easily proven, and failure to comply is obvious, unacceptable and deserving of punishment:
   •          Smoking in a marked no-smoking area at an airport that is covered by Part 6.
5.      This provision being subject to an infringement notice is necessary to protect the health of people at the airport and reduce potential harms associated with smoking in public, particularly in enclosed and highly trafficked areas.

Relation to 1997 Regulations

1.      This section is largely intended to replace the definition of infringement notice offence outlined in regulation 114 in the 1997 Regulations. The 1997 Regulations identified each provision that was subject to an infringement notice within that relevant provision, with regulation 144 providing that each of these identified offences was an infringement notice offence.
2.      This section has been updated to instead clarify that each provision within the identified Parts, contravention of which constitutes an offence of strict liability, is subject to an infringement notice. This framing substantially simplifies provisions in Part 4 and Part 6 of the Regulations, and brings the Regulations more into line with equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014.

Section 84 – Meaning of infringement officer

1.      Section 84 sets out the meaning of an infringement officer for the purposes of this Part. In general, an infringement officer for the purposes of this Part may provide an infringement notice for the alleged contravention of a provision that is subject to an infringement notice, in line with requirements set out in this Part.
   
2.      Subsection 84(1) provides that a person is an infringement officer for the purposes of exercising powers under Part 7, in relation to an offence against a provision of this instrument at an airport if:
   •          for a provision in Part 4, the person is an authorised person for the airport for the purposes of the provision; or
   •          for a provision in Part 6, a person is an infringement officer for the airport for the purposes of the provision.
3.      Subsection 84(2) provides that a person who is an infringement officer for the purposes of exercising powers mentioned in subsection 84(1) is also an infringement officer for the purposes of exercising other powers, and performing functions or duties under Part 7 that are incidental to the powers mentioned in subsection 84(1).
4.      Part 4 and Part 6 of the Regulations provide for a comparatively wide variety of persons to be appointed as authorised person, and subsequently be considered an infringement officer for the purposed of exercising powers under Part 7.
5.      This is consistent with the approach taken in the 1997 Regulations, and is intended to provide sufficient flexibility to account for different operations across airports covered by the Division, from significant metropolitan airports with substantial AFP presences, to regional and remote airports where vehicle and smoking controls are largely enforced by airport-operator companies and parking and security contractors.
   •          Given the high frequency with which the powers may need to be applied across wide geographic areas, this precludes the limitation of these powers to SES officers within the APS. The powers that may be exercised under the Division also involve the application of clear rules, and concern offences involving strict liability such that difficult discretionary judgements are unlikely to arise.
   •          Appointments of infringement officers are generally made to provide for the AFP, alongside employees of an airport-operator company, or contractors or subcontractors of an airport-operator company, who are generally security or parking management firms, to perform the duties of an infringement officer.
   •          These classes of persons have been performing such duties at airports since the 1997 Regulations were made, and continue to have the requisite capability and experience to perform these functions.
   •          In instances where an airport-operator company has been appointed a notice authority for an airport under section 85(3) of the Regulations, appropriate arrangements must be in place for the management of amounts paid under infringement notices that an airport-operator company receives on behalf of the Commonwealth.
     
   •          Arrangements made for these purposes generally require the airport-operator company, and its employees, contractors and subcontractors (including infringement officers), to comply with relevant Commonwealth Policies, including the Australian Public Service (APS) Code of Conduct, and to the extent necessary to perform the relevant functions, be subject to the same level of accountability that applies to Commonwealth personnel in, and act as if subject to and in accordance with, the Administrative Decisions (Judicial Review) Act 1977, Archives Act 1983, Freedom of Information Act 1982, Ombudsman Act 1976, and the Privacy Act 1988 (and support the Commonwealth to meet its obligations under these Acts).

Relation to 1997 Regulations

1.      This section is largely intended to replace part of the definition of an authorised person included in regulation 114 in the 1997 Regulations. The Part has been updated to replace references to authorised persons with references to an infringement officer or a notice authority.
2.      This revision has been made to split out powers which could be exercised by an authorised officer in the 1997 Regulations into powers which may be exercised by an infringement officer or a notice authority, to appropriately limit and separate powers, functions and duties between these two positions, with:
   •          infringement officers able to issue infringement notices in relation to an offence against a relevant provision of the Regulations at an airport; and
   •          notice authorities having powers broadly consistent with a Chief Executive under the Regulatory Powers (Standard Provisions) Act 2014 (including extending the time in which an infringement notice may be paid, and withdrawing an infringement notice), and may also provide evidentiary certificates.
3.      This update is also intended to bring the Regulations more into line with equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014, which sets out these powers.

Section 85 – Meaning of notice authority

1.      Section 85 sets out the meaning of a notice authority for the purposes of this Part, and Division 5 of Part 4 of the Regulations. In general, a notice authority for the purposes of this Part may manage administrative matters associated with an infringement notice after they have been issued by an infringement officer, such as extending the time to pay an infringement notice, withdrawing an infringement notice, and issuing evidentiary certificates.
   •          The section provides that the notice authority for a relevant provision is the Secretary, or an airport-operator company appointed by the Secretary in relation to a specific Part or Division, for a specific airport.
     
2.      Subsection 85(1) provides that, for the purposes of exercising powers under this Part in relation to an offence against a provision of this instrument at an airport, the notice authority is:
   •          the Secretary; or
   •          if the Secretary has appointed an airport-operator company for the airport under subsection 85(2) as the notice authority for the airport in relation to offences against provisions in the Division or Part containing the provision – the airport-operator company.
3.      Subsection 85(2) provides that the Secretary may appoint an airport-operator company for an airport as a notice authority for the airport in relation to offences against provisions in a Division or Part of this instrument, if the Secretary is satisfied that:
   •          the airport-operator company has the capability to carry out the functions of a notice authority for infringement notices given in relation to offences at the airport against provisions in the Division or Part; and
   •          there are appropriate arrangements in place for the management of amounts paid under such infringement notices that the airport-operator company receives on behalf of the Commonwealth.
4.      Subsection 85(3) provides that a person who is a notice authority for the purposes of exercising powers in relation to an offence against a provision of this instrument at an airport is also a notice authority for the purposes of exercising other powers, and performing functions or duties under Part 7, or Division 5 of Part 4, that are incidental to the powers mentioned.
   •          The subsection is supported by a note clarifying that Division 5 of Part 4 includes provisions relating to infringement notices for parking offences. Further information is outlined in explanatory material for Division 5 of Part 4.
   •          For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.

Relation to 1997 Regulations

1.      This section is largely intended to replace part of the definition of authorised person included in regulation 114 in the 1997 Regulations. The Part has been updated to replace references to authorised persons with references to an infringement officer or a notice authority.
   
2.      This revision has been made to split out powers which could be exercised by an authorised officer in the 1997 Regulations into powers which may be exercised by an infringement officer or a notice authority, to appropriately limit and separate powers, functions and duties between these two positions, with:
   •          infringement officers able to issue infringement notices in relation to an offence against a relevant provision of the Regulations at an airport; and
   •          notice authorities having powers broadly consistent with a Chief Executive under the Regulatory Powers (Standard Provisions) Act 2014 (including extending the time in which an infringement notice may be paid, and withdrawing an infringement notice), and may also provide evidentiary certificates.
3.      This update is also intended to bring the Regulations more into line with equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014, which sets out these powers.

Appropriate safeguards in instances airport-operator company is appointed as a notice authority

1.      Given the high frequency with which the powers may need to be applied across wide geographic areas, this precludes the limitation of these powers to SES officers within the APS. The powers that may be exercised by a notice authority under the Division involve the application of clear rules, and concern relatively minor offences involving strict liability such that difficult discretionary judgements are unlikely to regularly arise.
2.      Providing for an airport-operator company to be appointed as a notice authority has been explicitly limited and caveated to ensure the airport-operator company may not be appointed without:
   •          having the capability to carry out the functions of a notice authority for infringement notices given in relation to offences at the airport against provisions in the Division or Part, and
   •          there being appropriate arrangements in place for the management of amounts paid under infringement notices that an airport-operator company receives on behalf of the Commonwealth.
3.      Appropriate arrangements made for these purposes would require that an airport‑operator company effectively administer infringement notices line with the Regulations. There are equivalent arrangements in place with some airport-operator companies where employees are performing duties of authorised persons for the purposes of Part 7 under the 1997 Regulations.
   •          At these airports, authorised officers at airport-operator companies have been performing such duties at airports since the 1997 Regulations were made, and continue to have the requisite capability and experience to perform these functions.
     
4.      Arrangements made for these purposes generally require the airport-operator company, and its employees, contractors and subcontractors (including infringement officers), to comply with relevant Commonwealth Policies, including the Australian Public Service (APS) Code of Conduct, and to the extent necessary to perform the relevant functions, be subject to the same level of accountability that applies to Commonwealth personnel in, and act as if subject to and in accordance with, the Administrative Decisions (Judicial Review) Act 1977, Archives Act 1983, Freedom of Information Act 1982, Ombudsman Act 1976, and the Privacy Act 1988 (and support the Commonwealth to meet its obligations under these Acts).

• While decisions of a notice authority under Part 7 of the Regulation (including decisions of an airport-operator company appointed as such) may not be subject to merits review by the ART, this is because, should the person consider that the infringement notice should not have been issued, the matter may be dealt with by a court. Providing for merits review of such decisions would not be consistent with the approach to decisions under relevant provisions in the Regulatory Powers (Standard Provisions) Act 2014, which are generally also not subject to merits review.

1.      The provision is framed to provide that an airport-operator company may be appointed in relation to offences at the airport against provisions in a specific Division or Part in order to provide for necessary flexibility across operations at each of the airports covered by the relevant Parts of the Regulations, and appropriately account for instances where an airport-operator company may not be appropriately appointed in relation to a specific Part or Division.

Section 86 – When an infringement notice may be given

1.      Section 86 outlines when an infringement notice may be given by an infringement officer.
2.      Subsection 86(1) provides that if an infringement officer reasonably believes a person has committed an offence against a provision that is subject to an infringement notice, the infringement officer may give the person an infringement notice for the alleged offence.
3.      Subsection 86(1) has largely the same intended effect as regulation 145 in the 1997 Regulations. The section has been updated to better align with modern drafting standards (including language updates), and to include subsection 86(2) and subsection 86(3), which largely replicate equivalent provisions in in the Regulatory Powers (Standard Provisions) Act 2014 to:
   •          limit the period in which an infringement notice may be given to within 12 months after the day on which the offence is alleged to have been committed; and
   •          specify that a single infringement notice may only relate to a single contravention of a single provision.
     
4.      Noting that none of the offences subject to an infringement notice in the Regulations are continuing offences, provisions from the Regulatory Powers (Standard Provisions) Act 2014 dealing with infringement notices for continuing offences have not been replicated in this section.

• Further information on continuing offences is outlined in subsection 4K(2) of the Crimes Act 1914. The latest version of the Crimes Act 1914 is available at the FRL (https://www.legislation.gov.au).

Section 87 – Matters to be included in an infringement notice

1.      Section 87 sets out information that must be included in an infringement notice, including the amount payable under an infringement notice.

Matters to be included in an infringement notice

1.      Subsection 87(1) outlines all matters that must be included in an infringement notice.
2.      Subsection 87(1) has been substantially updated from regulation 149 in the 1997 Regulations. These updates are intended to better align with modern drafting standards, including largely replicating equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014 to the extent able.
3.      The subsection diverges from equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014 in the below aspects:
   •          The Regulatory Powers (Standard Provisions) Act 2014 makes regular reference to the ‘relevant chief executive’. Functions equivalent to the ‘relevant chief executive’ are performed by the notice authority in this instrument, which is referenced instead.
   •          The Regulatory Powers (Standard Provisions) Act 2014 requires an infringement notice to include the name of the person to whom the infringement notice has been issued. This subsection also provides for infringement notices for parking offences to instead be issued including information that identifies the vehicle to which the offence relates, to account for instance where the driver of a vehicle is not known.
   •          The Regulatory Powers (Standard Provisions) Act 2014 requires an infringement notice to include the name and contact details of the person who gave the notice. This subsection provides for more flexibility in how the infringement officer may be identified on an infringement notice, to account for varying practices in place at airports covered by the Regulations.
   •          The subsection includes an additional provision requiring that an infringement notice for a parking offence state that the owner of the vehicle to which the offence relates may, if the owner was not the driver, give a statutory declaration to that effect to the notice authority of the airport in relation to the alleged offence, within 14 days after the notice is given.
   •          This provision is included to ensure the owner of a vehicle is aware that a statutory declaration may be provided under Division 5 of Part 4 of the Regulations, and the timeframe in which this statutory declaration must be provided.

Amounts payable under an infringement notice

1.      Subsection 87(2) provides that the amount to be stated in the infringement notice (that is payable under the notice) is one-fifth of the maximum penalty that a court could impose on the person for the alleged offence.
2.      Subsection 87(2) has largely the same intended effect as regulation 147 in the 1997 Regulations. This subsection is consistent with subsection 176(2) of the Act, with requires that the penalty for infringement notices issued under the Regulations must equal one-fifth of the maximum fine a court could impose as a penalty for the offence.
3.      This is also consistent with expectations outlined in section 6.3 of the Guide, which emphasises that the amount payable under an infringement notice should equal one fifth of the maximum penalty a court could impose under the relevant provision.
4.      The maximum penalty upon conviction for an offence against a provision in the Regulations is 10.5 penalty units. This is the maximum penalty for parking offences at certain airports covered by Division 2 of Part 4, as noted in Schedule 1. Further information is included against explanatory material for section 31 and Schedule 1.
   •          This means the maximum amount payable under an infringement notice issued under the Regulations would be 2.1 penalty units.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
5.      This is consistent with expectations in section 6.3 of the Guide, which emphasises the amount payable under an infringement notice scheme should not exceed 12 penalty units for a natural person or 60 penalty units for a body corporate.

Section 88 – Service of infringement notices

1.      Section 88 sets out requirements in relation to service of an infringement notice, including outlining how an infringement notice may be given to an individual, or a body corporate, and specific additional rules for how an infringement notice may be given in relation to a parking offence.

Individuals

1.      Subsection 88(1) sets out that an infringement notice may be given to an individual by:
   •          delivering it to the individual personally; or
   •          sending it by post to, the address of the place of residence or business of the individual that is last known to the infringement officer; or
     
   •          giving it, at the place of residence or business of the individual that is last known to the infringement officer, to another person at the of residence or business of the individual who is reasonably believed by the infringement officer to be above the age of 16 years and apparently an occupant of the residence or employed at the business.

Bodies corporate

1.      Subsection 88(2) sets out that an infringement notice may be given to body corporate by:
   •          leaving it at, or sending it by post to, the head office, registered office, principal office or other postal address of the body corporate; or
   •          giving it to a person at the head office, registered office, principal office or other place of business of the body corporate who is, or is reasonably believed by the infringement officer to be an officer of the body corporate, or in the service of the body corporate, and above the age of 16 years.

Additional rules

1.      Subsection 88(3) to subsection 88(5) set out additional rules for serving infringement notices relevant for parking offences.
2.      Subsection 88(3) provides that an infringement notice for a parking offence may also be given to the owner of a vehicle by securely placing the notice on the vehicle in a conspicuous position.
   •          The subsection also includes a note that further information on presumption that the owner of a vehicle is a driver of a vehicle is outlined in section 62. Further information is included against explanatory material for section 62.
3.      Subsection 88(4) provides that an infringement notice for an offence against a provision in Part 4 may also be given to the owner of a registered vehicle by sending it by post to the address of the owner in the record of registration of the vehicle.
4.      Subsection 88(5) provides that if a person is named in a statutory declaration made under subsection 62(2) in relation to a parking offence, an infringement notice for the offence may also be given to the person by sending it by post to the address stated in the statutory declaration.
   •          The subsection also includes a note that subsection 63(1) requires that a copy of the statutory declaration be attached to the infringement notice when it is given to the person. Further information is included against explanatory material for section 63.

Relation to 1997 Regulations (and inconsistency with the Regulatory Powers (Standard Provisions) Act 2014 and the Acts Interpretation Act 1901

1.      Section 88 has largely the same intended effect as regulation 145 in the 1997 Regulations. The section has been updated to better align with modern drafting standards, reduce duplication, and clarify intent.
2.      The Regulatory Powers (Standard Provisions) Act 2014 does not include any specific provisions relating to the service of documents, instead relying on provisions under section 28A of the Acts Interpretation Act 1901.
3.      Subsection 88(1) and subsection 88(2) are broadly consistent with equivalent provisions outlined in section 28A of the Acts Interpretation Act 1901. However, section 28A of the Acts Interpretation Act 1901 does not provide for a document to be served to the owner of a vehicle by leaving it on a vehicle, or posting the notice to the registered owner of a vehicle.
   •          The additional requirements outlined in subsection 88(3) to subsection 88(5) are necessary for the effective enforcement of parking control provisions under Part 4 of the Regulations, to enable infringement officers to issue infringement notices for parking offences in instances where a driver is not present with a vehicle.
   •          These provisions have been modelled on equivalent provision outlined in state and territory parking and vehicle control laws (see, for example, paragraph 12A(2)(a), paragraph 12A(2)(b) and section 14 of the ACT Road Transport (Offences) Regulation 2005). The latest version of these regulations is available on the Australian Capital Territory Legislation Register (https://www.legislation.act.gov.au).

Section 89 – Extension of time to pay amount

1.      Section 89 provides a mechanism for the time in which an infringement notice may be paid to be extended by the relevant notice authority, either on application made by a person to whom an infringement notice has been issued, or of the notice authority’s own initiative.
2.      Subsection 89(1) provides that a person to whom an infringement notice has been given in relation to an alleged offence at an airport may apply to the notice authority for the airport in relation to the offence for an extension of the period referred to in paragraph 87(1)(h).
   •          Paragraph 87(1)(h) requires that an infringement notice state that, if the person to whom the notice is given pays the amount payable under the notice within 28 days after the notice is given, then (unless the notice is withdrawn), the person will not be liable to be prosecuted in court for the alleged offence.
3.      Subsection 89(2) provides that the notice authority may, in writing extend the period referred to in paragraph 87(1)(h), either on an application made under subsection 89(1) (before the end of that period), or on the notice authority’s own initiative.
4.      Subsection 89(3) provides that the notice authority may extend the period before or after the end of the period.
5.      Subsection 89(4) provides that if the notice authority extends the period, a reference in this Part, or in a notice or instrument under this Part, to the period referred to in paragraph 89(1)(h), is taken to be a reference to that period so extended.
   
6.      Subsection 89(5) provides that if the notice authority does not extend the period following an application made under subsection 89(1), a reference in this Part, or in a notice or instrument under this Part, to the period referred to in paragraph 87(1)(h), is taken to be a reference to the period that ends on the later of the following days:
   •          the day that is the last day of the period referred to in paragraph 87(1)(h); or
   •          the day that is 7 days after the day the person was given notice of the notice authority’s decision not to extend.
7.      Subsection 89(6) provides that the notice authority may extend the period more than once under subsection 89(2).

Relation to 1997 Regulations

1.      Section 89 has been substantially updated from regulation 148 in the 1997 Regulations, which provided a mechanism for the extension of an ‘allowed period’ (initially set at 28 days after the infringement notice was issued) in which an infringement notice may be paid.
2.      These updates are intended to better align with modern drafting standards, including largely replicating equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014 to the extent able.
3.      The subsection diverges from the equivalent provision in the Regulatory Powers (Standard Provisions) Act 2014 in the below aspects:
   •          The Regulatory Powers (Standard Provisions) Act 2014 provides that the period may be extended by the ‘relevant chief executive’. Functions equivalent to the ‘relevant chief executive’ are performed by the notice authority in this instrument, which is referenced instead.
   •          The Regulatory Powers (Standard Provisions) Act 2014 does not provide a mechanism for the relevant chief executive to extend the period of their own initiative. This has been included to provide the notice authority with flexibility to extend the period of its own initiative, in instances where the notice authority considers that this extension is appropriate.

Section 90 – Withdrawal of an infringement notice

1.      Section 90 provides a mechanism for a notice authority to decide to withdraw an infringement notice, and outlines associated administrative matters.

Representations seeking withdrawal of an infringement notice

1.      Subsection 90(1) provides that a person to whom an infringement notice has been given in relation to an alleged offence at an airport may make written representations to the notice authority for the airport in relation to the alleged offence seeking the withdrawal of the notice.
   

Withdrawal of notice

1.      Subsection 90(2) provides that the notice authority for an airport in relation to offences against a provision may withdraw an infringement notice given to a person for an alleged offence at the airport against the provision, whether or not the person has made written representations seeking the withdrawal.
2.      Subsection 90(3) provides that when deciding whether or not to withdraw an infringement notice, the notice authority in relation to the relevant offence for which the notice was issued must take into account any written representations seeking the withdrawal that were given by the person to the notice authority.
3.      Subsection 90(3) also provides that when deciding whether or not to withdraw an infringement notice, the notice authority in relation to the relevant offence for which the notice was issued may take into account:
   •          the circumstances of the alleged offence;
   •          whether a court has previously imposed a penalty on the person for an offence against a provision subject to an infringement notice;
   •          whether the person has paid an amount, stated in an earlier infringement notice, for commission of an alleged offence if the previous offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the offence in the relevant infringement notice;
   •          any other matter the notice authority considers relevant.
4.      Subsection 90(4) requires that notice of the withdrawal of the infringement notice must be given to the person, and outlines matters that must be stated within the withdrawal notice.
5.      Subsection 90(5) provides that the notice of withdrawal may be given to the person in any way that the infringement notice was given to the person under section 88, other than as provided in subsection 88(3).
   •          Subsection 88(3) provides that an infringement notice may be given to a person by placing a withdrawal notice in a prominent place on a vehicle.
   •         Subsection 90(5) explicitly precludes this being an appropriate mechanism to serve a withdrawal notice, as this means of serving the notice is inappropriate by the time the notice authority has made a decision to withdraw an infringement notice, as this stage, the vehicle will have been moved off the airport.

Refund of amount if infringement notice is withdrawn

1.      Subsection 90(6) requires that if the notice authority withdraws the infringement notice, and the person has already paid the amount stated in the notice, then the notice authority must, on behalf of the Commonwealth, refund to the person the amount equal to the amount paid.
   

Relation to 1997 Regulations

1.      Section 90 has been substantially updated from regulation 150 in the 1997 Regulations. These updates are intended to better align with modern drafting standards, including largely replicating equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014 to the extent able.
2.      The subsection diverges from the equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014 in the below aspects:
   •          The Regulatory Powers (Standard Provisions) Act 2014 provides that decisions around withdrawing a notice may be made by a ‘relevant chief executive’. Functions equivalent to the ‘relevant chief executive’ are performed by the notice authority in this instrument, which is referenced instead.
   •         The Regulatory Powers (Standard Provisions) Act 2014 does not include any specific provisions relating to the service of withdrawal notices, instead relying on provisions under section 28A of the Acts Interpretation Act 1901.
   •         Subsection 90(5) has been included to make clear that a notice of withdrawal may be given to a person in a manner consistent with section 88. For further rationale around the Regulations including specific provisions relating to the service of infringement notices, rather than relying on provisions under section 28A of the Acts Interpretation Act 1901, refer to explanatory material for section 88.
   •         The Regulatory Powers (Standard Provisions) Act 2014 provides that the Commonwealth must refund the person if a notice is withdrawn, and the person has already paid the amount stated on the infringement notice. Subsection 90(6) instead provides that the notice authority, must, on behalf of the Commonwealth, refund the person. This framing is intended to accurately account for instances where an airport-operator company is performing the role of a notice authority under appointment by the Secretary.
   •         As noted in section 85(2), an airport-operator company may only be appointed as a notice authority for an airport if there are appropriate arrangements in place for the management of amounts paid under such infringement notices that the airport‑operator company receives on behalf of the Commonwealth.
   •         These arrangements are intended to outline matters including any payments between the airport‑operator company and the Commonwealth, and would also cover matters such as administration of refunds in the event an infringement notice is withdrawn by the notice authority.

Section 91 – Effect of payment of amount

1.      Section 91 outlines the effect if the person to whom the infringement notice for an alleged offence is given pays the amount stated in an infringement notice.
   
2.      Subsection 91(1) provides that if the person to whom the infringement notice for an alleged offence is given pays the amount stated in the infringement notice before the end of the period referred to in paragraph 87(1)(h), then:
   •          any liability of the person for the alleged offence is discharged;
   •          the person will not be liable to be prosecuted in the court for an alleged offence;
   •          the person is not regarded as having admitted guilt or liability for the alleged offence; and
   •          the person is not regarded as having been convicted of the offence.
3.      Subsection 91(2) provides that subsection 91(1) does not apply if the notice has been withdrawn.
4.      Section 91 has the same intended effect as regulation 151 in the 1997 Regulations. The section has been updated to better align with modern drafting standards, including largely replicating equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014 to the extent able.

Section 92 – Evidentiary matters

1.      Section 92 provides that at the hearing of a prosecution for an offence for which an infringement notice has been issued, a certificate signed by a notice authority is prima facie evidence of matters stated in the certificate.
2.      Subsection 92(1) provides that the notice authority for the airport in relation to offences against a provision of this instrument may issue a certificate that states any of the following in relation to an infringement notice:
   •          the amount payable under the infringement notice was not paid by the person within the time specified in the notice;
   •          an extension of time for the person to pay the amount payable under the infringement notice was granted or that an extension was refused;
   •          the amount payable under the infringement notice was not paid by the person within the period specified as an extension of time;
   •          the infringement notice was withdrawn on the day specified in the certificate.
3.      Subsection 92(2) provides that at the hearing of a prosecution for an offence for which an infringement notice has been issued, a certificate issued by the notice authority in relation to the offence in accordance with subsection 92(2) is prima facie evidence of the matters stated in the certificate.
4.      Subsection 92(3) provides that a certificate that purports to have been issued by a notice authority is taken to have been so issued unless the contrary is proved.
5.      The purpose of the section 92 is to facilitate the admission of evidence to establish formal matters relating to the status of an infringement notice. Because a certificate will be prima facie evidence of the matters stated in it, evidence of contrary matters can be adduced.

Relation to the 1997 Regulations

1.      Section 92 has largely the same intended effect as regulation 152 in the 1997 Regulations. The section has been updated to better align with modern drafting standards, streamline provisions, and reduce duplication.
2.      The Regulatory Powers (Standard Provisions) Act 2014 does not include any specific provisions relating to evidentiary matters.

Section 93 – Effect of this Part

1.      Section 93 outlines that this Part does not:
   •          require an infringement notice to be given to a person for an alleged offence; or
   •          affect the liability of the person for an offence if the person does not comply with an infringement notice given to the person for the offence, if an infringement notice is not given to the person for the offence, or an infringement notice is given to the person for the offence and is subsequently withdrawn; or
   •          prevent the giving of two or more infringement notices to a person for an alleged commission of an offence; or
   •          limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have committed the offence.

Relation to 1997 Regulations

1.      Section 93 largely has the same intended effect as regulation 153 and regulation 155 in the 1997 Regulations. The section has been updated to better align with modern drafting standards, including largely replicating equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014 to the extent able.
2.      Regulation 154 in the 1997 Regulations provided for payment of an infringement notice by cheque. This has not been included in the Regulations to better align with the Regulatory Powers (Standard Provisions) Act 2014, which does not include an equivalent provision.
3.      Regulation 154A in the 1997 Regulations outlined that a person could only be prosecuted for an offence for which an infringement notice had been issued, if the notice was withdrawn, or was not paid within the required period. This has not been included in the Regulations to better align with the Regulatory Powers (Standard Provisions) Act 2014, which does not include an equivalent provision.

Part 8 – Miscellaneous

1.      Part 8 outlines other miscellaneous matters relevant to the Regulations. The only provision in the Part provides for the Secretary to delegate functions or powers in this instrument. An equivalent provision was included in the 1997 Regulations.

Section 94 – Delegation by Secretary

1.      Subsection 94(1) provides that the Secretary may, in writing, delegate to an SES employee, or an acting SES employee, in the department one or more of the Secretary’s functions or powers under this instrument.
   •          SES in this instance refers to ‘Senior Executive Service’. The responsibilities of the SES in the APS are outlined in section 35 of the Public Service Act 1999. The latest version of the Public Service Act 1999 is available at the FRL (https://www.legislation.gov.au).
   •          SES employees (and acting SES employees) are well-positioned to make decisions about the rights and obligations of regulated entities because of their seniority and experience. This balances administrative expediency with proportionate controls on decision making.
   •          For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.
2.      Subsection 94(2) and subsection 94(3) provide that a person performing functions or exercising powers under a delegation under subsection 94(1) must comply with any written direction; and that the Secretary may, in writing, give such directions.
3.      Section 94 has largely the same intended effect as regulation 156 in the 1997 Regulations. The section has been updated to better align with modern drafting standards, and to include subsection 94(2) and subsection 94(3), which provide a mechanism to appropriately limit delegation powers as necessary, to retain proportionate controls on decision-making.

Part 9 – Application, saving and transition

1.      Part 9 of the Regulations sets out transitional arrangements in relation to the commencement of the instrument to assist in a smoother transition between the 1997 Regulations and the Regulations. An equivalent Part was not included in the 1997 Regulations.

Division 1 – Transitional provisions on commencement

1.      Transitional provisions on commencement of the instrument are outlined in this Division.

Section 95 – Definitions for Division

1.      Section 95 provides a shorthand for a reference in this Division to the 1997 Regulations, as in force immediately before 1 April 2026 (the old Regulations).

Section 96 – Authorised persons and infringement officers

1.      Section 96 is a transitional provision. It is intended to preserve the appointment of an authorised person in relation to an airport for provisions in the 1997 Regulations that was in force immediately before the commencement of this instrument as if the appointment were made for the purposes of the relevant provisions in this instrument.
   •          Subsection 96(1) and subsection 96(2) preserve appointments under Division 2 of Part 4 of the 1997 Regulations of a person as an authorised person for provisions relating to landside vehicle parking and operation as if they were made for the purposes of equivalent provisions in Division 2 of Part 4 of this instrument.
   •          Subsection 96(3) preserves appointments under Division 3 of Part 4 of the 1997 Regulations of a person as an authorised person for provisions relating to airside vehicle parking as if they were made for the purposes of equivalent provisions in Division 3 of Part 4 of this instrument.
   •          Subsection 96(4) preserves appointments under Division 4 of Part 4 of the 1997 Regulations of a person as an authorised person for provisions relating to airside vehicle operation as if they were made for the purposes of equivalent provisions in Division 4 of Part 4 of this instrument.
   •          Subsection 96(5) preserves appointments under Part 6 of the 1997 Regulations of a person as an authorised person for provisions relating to smoking as if they were made for the purposes of the equivalent provision in Part 6 of this instrument.
2.      This provision is important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations which sunset on 1 April 2026.
3.      The Regulations have been remade in substantially the same form (with minor and technical updates and necessary modernising changes), so there is a strong need for continuity of authorisations between the 1997 Regulations and the Regulations to ensure control and enforcement activities at airports may continue with minimal interruption.
   
   •          For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.

Section 97 – Employee of airport-operator company exercising powers of notice authority

1.      Section 97 is a transitional provision. Subsection 97(1) provides that an employee of an airport-operator company who is taken under subsection 96(1) to be appointed as an authorised person for the purposes of provisions in Division 2 of Part 4 of this instrument (other than section 38) may also exercise the powers of the notice authority for the airport in relation to offences against those provisions at the airport.
2.      Subsection 97(2) provides that subsection 97(1) only applies while the appointment of the employee continued under subsection 97(1) remains in force.
3.      This provision is important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations which sunset on 1 April 2026.
4.      The 1997 Regulations provided that an authorised person could issue an infringement notice, and subsequently make administrative decisions relating to infringement notices. The Regulations instead provide that the Secretary may appoint an airport-operator company appointed as a notice authority to perform duties relating to the administration of infringement notices under subsection 85(2) of this instrument (which is a separate role to that of an infringement officer). Subsection 85(2) provides that the Secretary may only appoint an airport-operator company as a notice authority if:
   •          the airport-operator company has the capability to carry out the functions of a notice authority for infringement notices given in relation to offences at the airport against provisions in the Division or Part; and
   •          there are appropriate arrangements in place for the management of amounts paid under such infringement notices that the airport-operator company receives on behalf of the Commonwealth.
5.      There are appropriate arrangements in place with relevant airport-operator companies to perform the functions of a notice authority for the purposes of Division 2 of Part 4 of this instrument. Employees at airport-operator companies taken to be authorised persons by operation of subsection 96(1) of this instrument may therefore appropriately continue to be authorised to perform these roles as a notice authority while new appointments are made for notice authorities.
   •          For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.

Section 98 – Vehicle permit zone

1.      Section 98 is a transitional provision. It is intended to ensure that a permit to park in a vehicle permit zone issued under the 1997 Regulations that was in force immediately before the commencement of this instrument continues to be in force, and may be dealt with, after that commencement as if it had been issued under the relevant provision in this instrument.
2.      This provision is important given the context in which the Regulations are made. The Regulations replace the1997 Regulations which sunset on 1 April 2026.
3.      The Regulations have been remade in substantially the same form (with minor and technical updates and necessary modernising changes), so there is a strong need for continuity of issued permits between the 1997 Regulations and the Regulations to ensure vehicle operations at airports may continue with minimal interruption.

Section 99 – Stored vehicles

1.      Section 99 is a transitional provision. It is intended to ensure that a vehicle on the airside of an airport moved under the 1997 Regulations that was in the possession of the airport-operator company (having not been recovered, sold or otherwise disposed of) immediately before the commencement of this instrument may be dealt with, after that commencement as if it had moved under the relevant provision in this instrument.
2.      This provision is important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations, which sunset on 1 April 2026.
3.      The Regulations have been remade in substantially the same form (with minor and technical updates and necessary modernising changes), so there is a strong need for continuity in management of stored vehicles between the 1997 Regulations and the Regulations to ensure vehicle operations at airports may continue with minimal interruption.

Section 100 – Approved issuing authority

1.      Section 100 is a transitional provision. It is intended to ensure an authorisation to issue ADAs and / or AUAs for an airport under the 1997 Regulations that was in force immediately before the commencement of this instrument, continues to be in force (and may be dealt with) after that commencement as if the approval was given under the relevant provision in this instrument.
2.      This provision is important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations which sunset on 1 April 2026.
3.      The Regulations have been remade in substantially the same form (with minor and technical updates and necessary modernising changes), so there is a strong need for continuity of approved issuing authorities between the 1997 Regulations and the Regulations to ensure vehicle operations at airports may continue with minimal interruption.
   
   •          For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.

Section 101 – Authority to Drive Airside

1.      Section 101 is a transitional provision. It is intended to ensure that an ADA for an airport issued to a person under the 1997 Regulations that was in force immediately before the commencement of this instrument, continues to be in force (and may be dealt with) after that commencement as if it had been issued for the airport under the relevant provision in this instrument. This includes the continuation of any conditions the ADA is subject to.
2.      This provision is important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations which sunset on 1 April 2026.
3.      The Regulations have been remade in substantially the same form (with minor and technical updates and necessary modernising changes), so there is a strong need for continuity of issued authorities between the 1997 Regulations and the Regulations to ensure vehicle operations at airports may continue with minimal interruption.

Section 102 – Authority to Use Airside

1.      Section 102 is a transitional provision. It is intended to ensure that an AUA for an airport issued in relation to a vehicle under the 1997 Regulations that was in force immediately before the commencement of this instrument, continues to be in force (and may be dealt with) after that commencement as if it had been issued for the airport in relation to the vehicle under the relevant provision in this instrument. This includes the continuation of any conditions the AUA is subject to.
2.      This provision is important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations which sunset on 1 April 2026.
3.      The Regulations have been remade in substantially the same form (with minor and technical updates and necessary modernising changes), so there is a strong need for continuity of issued authorities between the 1997 Regulations and the Regulations to ensure vehicle operations at airports may continue with minimal interruption.

Section 103 – Gambling permission

1.      Subsection 103(1) is a transitional provision. It is intended to ensure that a gambling permission granted under the 1997 Regulations that was in force immediately before the commencement of this instrument continues to be in force (and may be dealt with) after that commencement as if had been granted under the relevant provisions in this instrument.
   
2.      Subsection 103(2) provides that an application for a gambling permission made under the 1997 Regulations for which the Secretary has not made a decision before the commencement of this instrument, may be taken, on and after that commencement, to be an application made under the relevant provision in this instrument.
3.      Subsection 103(2) provides that if the Secretary has given a show cause notice to the holder of a continued gambling authority or gambling permission under the 1997 Regulations, and has not made a decision whether or not to cancel the authority under the 1997 Regulations, the show cause notice is taken, on and after the commencement of this instrument to have been given under the relevant provision in this instrument.
4.      This provision is important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations which sunset on 1 April 2026.
5.      The Regulations have been remade in substantially the same form (with minor and technical updates and necessary modernising changes), so there is a strong need for continuity between the 1997 Regulations and the Regulations to ensure the effective control of permitted gambling activities at airports continues with minimal interruptions, that any applications may be dealt with, and enforcement actions continue.

Section 104 – Infringement notices for offences under old Regulations

1.      Section 104 is a savings provision. Subsection 104(1) is intended to provide that despite the repeal of the 1997 Regulations, a person who, immediately before that repeal, was an authorised person within the meaning of Part 7 of the 1997 Regulations may still:
   •          issue an infringement notice in relation to an infringement notice offence (within the meaning of that Part) that is alleged to have occurred before the repeal of the 1997 Regulations as if they had not been repealed; and
   •          deal with an infringement notice issued under the 1997 Regulations as if they had not been repealed.
2.      These provisions are important given the context in which the Regulations are made. The Regulations replace the 1997 Regulations, which sunset on 1 April 2026. While the Regulations have been made in substantially the same form (other than the transfer of liquor controls at leased federal airports in NSW to the NSW Government), it is appropriate for offences that allegedly occurred when the 1997 Regulations were in force to continue to be dealt with under the 1997 Regulations.
   •          This ensures that infringement notices may still be issued and dealt with in relation to alleged offences under Part 1A of the 1997 Regulations (which dealt with liquor at airports in NSW) that occurred before 1 April 2026.
     
   •          It also ensures that infringement notices issued for alleged contraventions of the applied Australian Road Rules under Division 2 of Part 4 of the 1997 Regulations that occurred at Sydney (Kingsford‑Smith) Airport, Townsville Airport, Gold Coast Airport and Brisbane Airport before 1 April 2026 appropriately reflect the penalty units specified for these contraventions at each airport in the 1997 Regulations, given that the 1997 Regulations were in force when the alleged offence occurred.
   •          Penalty units specified for contraventions of the applied Australian Road Rules at these airports have increased in the Regulations, to bring penalties more into line with the penalty that applies under relevant state laws in NSW and Queensland off the airport site. Further information is included against explanatory material for Schedule 1.
3.      Subsection 104(2) also provides that the Secretary may appoint a person to exercise powers referred to in subsection 104(1), if the person would have been eligible to be appointed as an authorised person under the 1997 Regulations as in force immediately before they were repealed.
   •          This provision is important to ensure that the Secretary may appoint new authorised persons to deal with infringement notices issued under the 1997 Regulations if there is a need (due to changes in staffing or the like), including to make decisions relating to matters such as whether to extend the time to pay an infringement notice, or to withdraw an infringement notice issued under the 1997 Regulations.
   •          For completeness, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act or regulation confers a power to make, grant or issue any instrument of a legislative or administrative nature (including an instrument of delegation), the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary such an instrument.
4.      Subsection 104(3) provides that an infringement notice may only be issued under subsection 104(1) within 12 months after the day on which the offence is alleged to have been committed.
   •          This time limit has been included for consistency with the time period outlined in section 87 of the Regulations, and equivalent provisions in the Regulatory Powers (Standard Provisions) Act 2014.
5.      Subsection 104(4) provides that the power to deal with infringement notices under subsection 104(1), and any appointment made under subsection 104(2), ceases on 1 April 2028.
   •          This provision is intended to give sufficient time for authorised persons to make decisions relating to matters such as whether to extend the time to pay an infringement notice, or to withdraw an infringement notice issued under the 1997 Regulations, including any issued after 1 April 2026, while ensuring appointments are appropriately limited.

Schedule 1 – Penalties for contravention of applied Australian Road Rules

1.      Schedule 1 outlines the penalty units that apply in relation to a contravention of an offence provision in Part 12 of the Australian Road Rules on the landside of each of the airports covered by Division 2 of Part 4 of the Regulations.
   •          Section 34 provides that a person who is on the landside of an airport commits an offence of strict liability if the person contravenes an offence provision in Part 12 of the Australian Road Rules, and that the offence is punishable on conviction by a penalty not exceeding the number of penalty units mentioned in Schedule 1 in relation to the offence provision contravened and the airport at which the contravention occurs. Further information on application of Part 12 of the Australian Road Rules and related offence provisions is included against explanatory material for section 30 and section 34.
   •          Amounts to be stated in infringement notices for a contravention of an alleged offence are set by operation of subsection 87(2), which provides that the amount to be stated in an infringement notice is one-fifth of the maximum penalty that a court could impose on the person for the alleged offence. Further information is included against explanatory material for section 87.
2.      Schedule 1 includes a table which specifies the penalty units that apply at each airport covered by Division 2 of Part 4 in relation to a contravention of an offence provision in Part 12 of the Australian Road Rules for the purposes of section 34. The penalty for the offence is the number of penalty units mentioned in the table for the offence provision contravened and for the airport at which the offence occurs.
   •          The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. In 2026, the current value of a penalty unit was $330 and to be indexed on 1 July 2026 and each third 1 July following that day (subsection 4AA(3)). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).
3.      The table specifies different penalty units for each airport to align penalties with equivalent penalties for a contravention of offences against the Australian Road Rules off‑airport under the relevant state law where each airport is based.
   •          Given the substantial distance and disparity between airports in different jurisdictions, the table has been framed to align penalty unit amounts as much as possible with equivalent penalty unit amounts within each state to the extent able, rather than seeking to align penalty unit amounts in airports across different jurisdictions, with substantially different maximum penalty amounts.
   •          Whilst this creates inconsistency between airports across jurisdictions, it ensures practical consistency for drivers at each airport, insofar as they may expect an equivalent potential penalty for contravening a provision of Part 12 of the Australian Road Rules on and off airport in a given state, and still retains consistency between airports within each jurisdiction.
   •          This approach also aligns with the intended approach to the Australian Road Rules, which are a set of national model laws that are enacted through state law.
   •          This is consistent with the policy position taken in other parts of the Regulations, where possible, for controlled activities to be regulated in a manner broadly consistent with equivalent regulatory regimes off-airport (and relevant state and territory laws), to the extent able.
4.      Section 175 of the Act provides that the Regulations made for the purposes of Part 11 of the Act may prescribe penalties not exceeding 50 penalty units for offences against the Regulations. All penalties prescribed in Schedule 1 are below 50 penalty units.

Relation to 1997 Regulations – Updated offence provisions

1.      The table has been updated to include all relevant offence provisions in Part 12 of the Australian Road Rules, including offences that were not outlined in the 1997 Regulations (noting that there have been revisions and additions to the Australian Road Rules since the 1997 Regulations were made).
2.      The table in the Regulations now includes the below offences that were not outlined in the 1997 Regulations:
   •          Subrule 171(1) – Stopping on or near a children’s crossing;
   •          Subrule 173(1) – Stopping on or near a marked foot crossing except at an intersection;
   •          Subrule 174(2) – Stopping on or near a bicycle crossing;
   •          Subrule 175(1) – Stopping on or near a level crossing;
   •          Subrule 177(1) – Stopping on a freeway;
   •          Subrule 187(1) – Stopping in a bus lane, transit lane, truck lane;
   •          Subrule 187(2) – Stopping in a bicycle lane;
   •          Subrule 187(3) – Stopping in a tram line, tramway or tram tracks;
   •          Subrule 187(4) – Stopping in a bus only lane;
   •          Rule 188 – Stopping in a shared zone;
   •          Subrule 190(1) – Stopping in or near a safety zone;
   •          Rule 191 – Stopping near an obstruction;
   •          Subrule 192(1) – Stopping on a bridge, causeway, ramp or similar structure;
   •          Subrule 192(2) – Stopping in a tunnel or underpass;
   •          Subrule 193(1) – Stopping on a crest or curve in a built-up area;
   •          Subrule 194(1) – Stopping near a fire hydrant etc;
   •          Subrule 195(1) – Stopping at or near a bus stop;
   •          Subrule 196(1) – Stopping at or near a tram stop;
   •          Subrule 197(1A) – Stopping on a painted island;
   •          Subrule 197(1B) – Stopping on a traffic island;
   •          Subrule 199(1) – Stopping near a postbox;
   •          Subrule 200(1) – Stopping a heavy or long vehicle on a length of road outside a built-up area;
   •          Subrule 200(2) – Length of stay for a heavy or long vehicle on a length or road in a built-up area;
   •          Rule 201 – Stopping on a road with bicycle parking sign;
   •          Subrule 203B(1) – Stopping in a parking area for electric-powered vehicles;
   •          Subrule 203C(1) – Stopping in a parking area for the charging of electric-powered vehicles;
   •          Subrule 213(2) – Not applying the parking brake effectively;
   •          Subrule 213(3) – Not switching off the engine before leaving the vehicle;
   •          Rule 213(4) – Not removing the ignition key before leaving the vehicle;
   •          Rule 213(5) – Not securing the windows and locking the doors immediately before and after leaving the vehicle.
3.      This update means that Part 12 of the Australian Road Rules may be fully applied at airports covered by Division 2 of Part 4 of the Regulations (consistent with section 30), as all offences under Part 12 of the Australian Road Rules may be effectively enforced.
4.      Descriptions of offence provisions have also been updated to better align with descriptions in the Australian Road Rules. These descriptions are only provided for information purposes.
5.      The 1997 Regulations listed a provision that was not an offence under Part 12 of the Australian Road Rules (Subrule 211(1) ‘Parking in Parking Bays’). This provision has not been included in the Regulations. References to rule 205 and rule 208 in the 1997 Regulations have also been updated to instead reference the relevant offence provision subrule in the Regulations.

Relation to 1997 Regulations – Revised penalty units

1.      Penalty units specified for each offence at each airport have been reviewed for consistency with equivalent penalties for a contravention of offences against a provision in Part 12 of the Australian Road Rules off‑airport under the relevant state law where each airport is based.
   
2.      Where the maximum penalty for a contravention of a provision is higher under the relevant state law, the maximum penalty has been increased proportionately to maintain consistency with the relevant state law. Otherwise, penalty units for contraventions remain consistent with the 1997 Regulations. For offences where there is not an applicable provision in the relevant state law, the penalty for similar offences has been used as a guide to maintain consistency.
   •          This has resulted in an increase in penalty units for a contravention of an offence provision in Part 12 of the Australian Road Rules at Sydney (Kingsford‑Smith) Airport, Townsville Airport, Gold Coast Airport and Brisbane Airport.
   •          The Transport Operations (Road Use Management – Road Rules) Regulation 2009 (Qld) prescribes a maximum penalty of 20 penalty units (Queensland value) for each contravention of an offence provision in Part 12 of the Australian Road Rules. The latest version of these regulations is available at the Queensland Legislation website (https://www.legislation.qld.gov.au).
   •          The value of a penalty unit under Queensland law is prescribed by the Penalties and Sentences Act 1992 (Qld). On 1 July 2025, the value of a penalty unit (Queensland value) was $166.90. The latest version of the Penalties and Sentences Act 1992 (Qld) is available at the Queensland Legislation website (https://www.legislation.qld.gov.au). This meant that 20 penalty units (Queensland value) had a monetary value of $3,380.
   •          Given the differences in monetary value of a penalty unit under Commonwealth law and Queensland law in 2026, the maximum penalty for a contravention of an offence provision in Part 12 of the Australian Road Rules at Townsville Airport, Gold Coast Airport and Brisbane Airport has been set at 10.5 penalty units.
   •          The Road Rules 2014 (NSW) prescribes a maximum penalty of 20 penalty units (NSW value) for each contravention of an offence provision in Part 12 of the Australian Road Rules. The latest version of the Road Rules 2014 (NSW) is available at the NSW Legislation website (https://legislation.nsw.gov.au).
   •          The value of a penalty unit under NSW law is prescribed by the Crimes (Sentencing Procedure) Act 1999 (NSW). On 1 July 2025, the value of a penalty unit (NSW value) was $110. The latest version of the Crimes (Sentencing Procedure) Act 1999 (NSW) is available the NSW Legislation website (https://legislation.nsw.gov.au). This meant that 20 penalty units (NSW value) had a monetary value of $2,200.
   •          Given the differences in monetary value of a penalty unit under Commonwealth law and NSW law in 2026, the maximum penalty for a contravention of an offence provision in Part 12 of the Australian Road Rules at Sydney (Kingsford‑Smith) Airport has been set at 8 penalty units.
     
3.      Maximum penalties for the remaining airports regulated under Division 2 of Part 4 of the Regulations remain consistent with penalties outlined in the 1997 Regulations.
4.      Where the 1997 Regulations did not specify a penalty for an offence against a provision in Part 12 of the Australian Road Rules, the Regulations align the maximum penalty for that offence at each of these airports with the maximum penalty for a similar offence to maintain consistency.

Schedule 2 – Modifications of State liquor legislation

1.      Schedule 2 outlines specific modifications to how relevant state and territory laws are applied at specific leased federal airports under Part 2 of the Regulations. These modifications are applied by operation of sections 8, 11, 12, 13, 14, 15, and 17. Further information is included against explanatory material for Part 2 of the Regulations.
2.      With these modifications, relevant state liquor laws are otherwise applied on the airport site as Commonwealth law (to the extent they are able to do so), in accordance with the Commonwealth Places (Application of Laws) Act 1970. Relevant territory liquor laws are similarly applied on the airport site with outlined modifications.
3.      Explanatory material for Schedule 2 is focussed on the intent of specific modifications made to relevant state and territory laws in the Regulations, and their relation to any modifications made in the 1997 Regulations.

Relation to 1997 Regulations

1.      The Schedule has been updated to better reflect modern drafting standards, and clarify the intent of each modification. In addition, the Schedule has been revised to:
   •          include modifications to how relevant NSW liquor laws are applied at Sydney (Kingsford‑Smith) Airport, Sydney West Airport, Bankstown Airport and Camden Airport in Part 1 of the Schedule;
   •          update modification of relevant state and territory liquor laws to ensure the Regulations continue to achieve their intended effect, acknowledging there have been updates to the relevant laws since the 1997 Regulations were originally made;
   •          clarify and simplify modifications (by only modifying relevant parts of each provision);
   •          consistently refer to an airport-operator company, rather than an airport-lessee company, to correctly account for instances where an airport-lessee company enters into an arrangement with an airport-management company under an airport‑management agreement as set out in section 33 of the Act; and
   •          remove modifications of state and territory liquor laws that are no longer necessary.
2.      Technical updates to the modification of state and territory liquor laws are outlined in further detail for each Part in the Schedule.

Part 1 – Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport and Camden Airport

1.      Part 1 sets out how the Liquor Act 2007 (NSW) is modified in its application at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport and Camden Airport. The latest version of the Liquor Act 2007 (NSW) is available at the NSW Legislation website (https://legislation.nsw.gov.au).
2.      For the avoidance of doubt, modifications outlined in Part 1 of Schedule 2 are applied in addition to modifications outlined in subsection 8(2) to subsection 8(7) of the Regulations. Further information is included in explanatory material for section 8.

Relation to 1997 Regulations

1.      The 1997 Regulations did not make any modifications to the Liquor Act 2007 (NSW) as the control of liquor at these airports was regulated by the Commonwealth under Part 1A of the 1997 Regulations, rather than NSW state law.
2.      This Part has been included in the Regulations to outline necessary modifications to how relevant NSW liquor laws are applied at the identified leased federal airports in NSW. This follows the agreement of the NSW Government to the transition of oversight of the control of liquor at these airports in NSW to the relevant state regulator, in a manner consistent with the approach taken in other states and territories.
3.      Modifications outlined in this Part are limited to modifications to:
   •          retain existing controls on gaming machines at the specified airports alongside the repeal of Part 1A of the 1997 Regulations; and
   •          provide airport-operator companies with an opportunity to input into decisions around liquor licences on the airport site (often in place of a local government authority), recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport.

Liquor Act 2007 (NSW)

Item 1 – Subsection 4(1)

1.      Without modification subsection 4(1) sets out definitions for the purposes of the Liquor Act 2007 (NSW).
2.      Item 1 modifies the subsection to insert an additional definition for ‘airport-operator company’. This modification clarifies that ‘airport-operator company’ has the same meaning as in the Act.
   

Item 2 – After subsection 10(2)

1.      Without modification section 10 sets out the types of licences which may be granted and held under the Liquor Act 2007 (NSW), and provides that:
   •          a licence authorises the licensee to sell or supply liquor in accordance with the Liquor Act 2007 (NSW) and conditions of the licence; with
   •          the authorisation conferred by a licence being subject to the Liquor Act 2007 (NSW) and any associated regulations.
2.      Item 2 modifies the section to insert an additional subsection which provides that despite anything in the Gaming Machines Act 2001 (NSW), the keeping or operating of gaming machines is not lawful on premises at Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport to which a licence granted under the Liquor Act 2007 (NSW) relates.
3.      This modification has been included to retain existing controls on gaming machines at the specified airports alongside the repeal of Part 1A of the 1997 Regulations.
   •          The leased federal airports were privatised by way of long-term leases from the mid‑1990s. During this process, the Australian Government advised all state and territory governments they could take up responsibility for regulating gambling on airport sites on the basis that state and territory governments were prepared to amend or adapt their gambling regulations to allow existing activities to continue. Only the NSW Government took up this opportunity.
   •          Consequently, the then Australian Government Minister for Transport and Regional Development wrote to state and territory governments in December 1997 indicating the Commonwealth would put in place regulations under Part 11 of the Act to control gambling at all leased federal airport not in NSW. This general policy setting was set out in the 1997 Regulations, and has been retained in the Regulations, which have also been updated to account for the expected opening of Sydney West Airport in 2026.
   •          Section 65 of the Regulations sets out that Part 5 of the Regulations applies to all activity-controlled airports, except for Sydney (Kingsford Smith) Airport, Sydney West Airport, Bankstown Airport, and Camden Airport (and Mount Isa Airport and Tennant Creek Airport).
   •          This has the effect that gambling activities at these specifically listed airports are not controlled under Part 5 of the Regulations, and that gambling activities are permitted at these airports, provided they are undertaken in line with relevant state law, as applied by the Commonwealth Places (Application of Laws) Act 1970, or relevant territory Law, as appropriate. Further information is included in explanatory material for Part 5 of the Regulations, and particularly section 65.
     
   •          However, under the 1997 Regulations, the keeping and operation of gaming machines was in effect prohibited within licensed premises at Sydney (Kingsford Smith) Airport, Bankstown Airport, and Camden Airport, as the Gaming Machines Act 2001 (NSW) provides that gaming machine entitlements may only be held in respect to a hotel licence or club licence issued under the Liquor Act 2007 (NSW).
   •          This is because Part 1A of the 1997 Regulations precluded the holding of a relevant licence under the Liquor Act 2007 (NSW) in relation to premises at these airports, where the Commonwealth liquor licensing regime applied.
4.      This modification is intended to ensure gaming machines continue to be effectively limited on airport sites, consistent with the approach taken in other states and territories, without precluding other forms of gambling activities that cause comparatively less social harm, such as the sale of lottery tickets, provided such activities are engaged in in line with relevant NSW laws.

Item 3 – Subsection 36(4)

1.      Without modification, this subsection provides that liquor may only be sold or supplied under a limited licence at a function if notice, in the form and manner approved by the Secretary, of the function has been given to the local police at least 14 days before it is held.
2.      Item 3 modifies the subsection to include an additional requirement that notice must also be provided to an airport-operator company for the airport on which the premises are situated.
   •          This modification has been made to ensure an airport-operator company is aware the function will be held within its lease area (recognising an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off‑airport).

Item 4 – After paragraph 45(3)(a)

1.      Without modification, this section provides that the NSW liquor regulator must not issue a limited licence unless satisfied of various matters.
2.      Item 4 modifies the section to include an additional requirement that the NSW liquor regulator must not issue a limited licence unless satisfied that an airport-operator company for the airport on which the licensed premises would be situated consents to the application.
   •          This modification is appropriate to reflect that licensed premises are located on airport land, and that the airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site (that would generally be undertaken by a relevant local government authority off-airport).

Item 5 – Paragraph 89(1)(b)

1.      Without modification, this paragraph provides that the NSW liquor regulator must give written notice of a proposed late hour entry declaration to the local consent authority for the premises.
   •          Subsection 4(1) of the Liquor Act 2007 (NSW) provides that the local consent authority is the local government authority in whose area the premises are, or will be situated, or if consent to the carrying out of development on the land concerned is required from a person or body other than the council – that person or body.
2.      Item 5 modifies the paragraph to substitute references to the local consent authority with references to ‘an airport-operator company for the airport on which the premises are situated’.
   •          This modification is appropriate to ensure an airport-operator company is aware of the proposed late hour entry declaration, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).

Item 6 – Subsection 89(2)

1.      Without modification, this subsection provides that the local consent authority may, within 21 days after the notice is given to the local consent authority, make a written submission to the NSW liquor regulator in relation to the proposed late hour entry declaration.
2.      Item 6 modifies the subsection to substitute the first reference in this subsection to a local consent authority with a reference to an airport-operator company.
   •          Alongside the modification outlined in item 7, this modification has been made to ensure that an airport-operator company is able to comment on the proposed declaration, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).

Item 7 – Subsection 89(2)

1.      Without modification, this subsection provides that the local consent authority may, within 21 days after the notice is given to the local consent authority, make a written submission to the NSW liquor regulator in relation to the proposed declaration.
2.      Item 7 modifies the subsection to substitute the second reference to a local consent authority in the subsection with a reference to an airport-operator company.
   
   •          Alongside the modification outlined in item 6, this modification has been made to ensure that an airport-operator company is able to comment on the proposed declaration, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).

Item 8 – Paragraph 90(2)(b)

1.      Without modification, this paragraph provides that the NSW liquor regulator must give written notice of a proposed variation or revocation of a late hour entry declaration to the local consent authority for the premises.
2.      Item 8 modifies the paragraph to substitute a reference to the local consent authority with a reference to ‘an airport-operator company for the airport on which the premises are situated’.
   •          This modification is appropriate to ensure an airport-operator company is aware of the proposed variation or revocation of a late hour entry declaration, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).

Item 9 – Subsection 90(3)

1.      Without modification, this subsection provides that the local consent authority may, within 21 days after the notice is given to the local consent authority, make a written submission to the NSW liquor regulator in relation to the proposed variation or revocation of a late hour entry declaration.
2.      Item 9 modifies the subsection to substitute the first reference in this subsection to a local consent authority with a reference to an airport-operator company.
   •          Alongside the modification outlined in item 10, this modification has been made to ensure an airport-operator company is able to comment on the proposed variation or revocation of the declaration, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).

Item 10 – Subsection 90(3)

1.      Without modification, this subsection provides that the local consent authority may, within 21 days after the notice is given to the local consent authority, make a written submission to the NSW liquor regulator in relation to the proposed variation or revocation of a late hour entry declaration.
2.      Item 10 modifies the subsection to substitute the second reference to a local consent authority in the subsection with a reference to an airport-operator company.
   •          Alongside the modification outlined in item 9, this modification has been made to ensure an airport-operator company is able to comment on the proposed variation or revocation of the declaration, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).

Item 11 – Subsection 90B(3)

1.      Without modification, this subsection requires that applications to change boundaries of licensed premises must be accompanied by evidence of planning approval under the Environmental Planning and Assessment Act 1979 (NSW), and evidence of consent of the landowner, where relevant to the application.
2.      Item 11 modifies the subsection to instead require that an application be accompanied by evidence that an airport‑operator company for the airport on which the premises are situated has given consent to the application.
   •          This modification is appropriate to reflect that the licensed premises are located on airport land, and the airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site (that would generally be undertaken by a relevant local government authority off-airport).
   •          This modification also reflects that the Environmental Planning and Assessment Act 1979 (NSW) does not apply in relation to activities on an airport site. The planning regime at leased federal airports in NSW instead operates under the Act.

Item 12 – Subsection 90C(3) (subparagraph (b)(i) of the definition of relevant person)

1.      Without modification this paragraph outlines stakeholders that may make a submission in relation to proposed temporary boundary changes for a licensed premises, including the relevant local government authority.
2.      Item 12 modifies the subparagraph to replace references to the ‘local council for the area in which the building or part is located’ with references to an ‘an airport-operator company for the airport on which the building or part is located’.
   •          This modification is appropriate to ensure that the views of an airport-operator company are taken into account, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).
     

Item 13 – After paragraph 132(d)

1.      Without modification, section 132 outlines the bodies or persons who may be party to a local liquor accord.
   •          Section 131 of the Liquor Act 2007 (NSW) provides that a local liquor accord is any code of practice, memorandum of understanding or other arrangement that affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of or conduct of business on licensed premises, and is entered into, for the purpose of eliminating or reducing alcohol-related violence or anti-social behaviour or other alcohol-related harm.
2.      Item 13 modifies the section to provide that an airport-operator company may also be party to a local liquor accord.
3.      This modification is intended to ensure a relevant airport-operator company may be party to a local liquor accord, in the event that a local liquor accord is established in relation to Sydney (Kingsford-Smith) Airport, Sydney West Airport, Bankstown Airport or Camden Airport.
   •          This modification is appropriate to reflect that licensed premises covered by any such accord would be located on airport land, noting an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site, and may have an interest in participating in a local liquor accord in place of a local government authority.

Item 14 – Sub-subparagraph 144ZA(1)(a)(i)(C)

1.      Without modification, this sub-subparagraph requires that the NSW liquor authority must take into account any submissions made by the local consent authority for the licensed premises in deciding whether to take remedial action in relation to an accumulation of demerit points for a licensee or manager of a licensed premises.
2.      Item 14 modifies the sub-subparagraph to substitute references to the local consent authority for the licensed premises with a reference to ‘an airport-operator company for the airport on which the licensed premises are situated’.
   •          This modification is appropriate to ensure that the views of an airport-operator company are taken into account, in place of a local government authority or other person or body (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).
     

Part 2 – Airports in Victoria

1.      Part 2 sets out how the Liquor Control Reform Act 1998 (Vic.) is modified in its application at an activity-controlled airport in Victoria. The latest version of the Liquor Control Reform Act 1988 (Vic.) is available at the Victorian Legislation website (https://www.legislation.vic.gov.au).

Liquor Control Reform Act 1998 (Vic.)

Item 15 – Subsection 16(1)

1.      Without modification, this subsection requires that it is a condition of every liquor licence and bring your own (BYO) permit that the use of the licensed premises does not contravene the planning scheme that applies to the licensed premises under the Planning and Environment Act 1987 (Vic.).
2.      Item 15 modifies the subsection to omit references to the planning scheme that applies to the licensed premises under the Planning and Environment Act 1987 (Vic.), and replaces these references with references to ‘the final master plan (within the meaning of the Airports Act 1996 of the Commonwealth) for the airport at which the licensed premises is located.
   •          This modification has been made to require that the use of licensed premises does not contravene the planning regime that applies at the relevant airport, set out in a final master plan for the airport approved under the Act.
3.      This modification has largely the same intended effect as the modification set out in item 1.1 in Schedule 1 of the 1997 Regulations. The modification has been updated to clarify the relevant in-force planning scheme for the airport is set out in the final master plan for the airport.
   •          Each final master plan is publicly available, and is required to be published on the website for the relevant airport, consistent with section 86 of the Act.

Item 16 – Subparagraphs 28(1)(c)(i) and (ia)

1.      Without modification, this subsection requires that an application for a licence or BYO permit be accompanied by prescribed information, or a plan or depiction of the premises in respect to which the licence or BYO permit is sought in a form specified by the Victorian liquor regulator (the Victorian Liquor Commission).
2.      Item 16 repeals these subparagraphs so that applications for a licence or BYO permit are not required to provide the accompanying information or plans in the specified form.
   
   •          This modification has been included to ensure an application may be provided to the Victorian liquor regulator without requiring the applicant to include information and plans that are not applicable to operations on the airport as Commonwealth land, such as a requiring provision of a planning permit provided under the Planning and Environment Act 1987 (Vic.) (which does not apply on airport land), or proof that an application does not contravene that planning scheme, or requiring approval from the relevant local government authority for footpath or kerbside trading.
   •          Subsection 28(3) still requires that the applicant provide any other information requested by the Victorian liquor regulator (noted below), to ensure relevant information may still be requested and provided as necessary.
3.      This modification has largely the same intended effect as the modification set out in item 1.2 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to subsection 28(1) since the making of the 1997 Regulations.
4.      Item 1.3 in Schedule 1 of the 1997 Regulations also omitted the word ‘other’ from subsection 28(3), which requires that if the Victorian liquor regulator requests an applicant to give any other information in relation to the application, the applicant must comply with the request. This modification is no longer necessary, and has not been included in the Regulations.

Item 17 – Subparagraphs 29(3)(c)(i) and (ia)

1.      Without modification, this subsection requires that an application for the variation of a licence or BYO permit be accompanied by prescribed information, or a plan or depiction of the licensed premises in a form specified by the Victorian liquor regulator.
2.      Item 17 repeals these subparagraphs so that applications for the variation of a licence or BYO permit are not required to provide the accompanying information or plans in the specified form.
   •          This modification has been included to ensure an application may be provided to the Victorian liquor regulator without requiring the applicant to include information and plans that are not applicable to operations on the airport as Commonwealth land, such as a requiring provision of a planning permit provided under the Planning and Environment Act 1987 (Vic.), which does not apply on airport land, or proof that an application does not contravene that planning scheme, or requiring approval from the relevant local government authority for footpath or kerbside trading.
   •          Subsection 29(4) still requires that the applicant provide any other information requested by the Victorian liquor regulator (noted below), to ensure relevant information may still be requested and provided as necessary.
3.      This modification has largely the same intended effect as the modification set out in item 1.4 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to subsection 29(3) since the making of the 1997 Regulations.
4.      Item 1.5 in Schedule 1 of the 1997 Regulations also omitted the word ‘other’ from subsection 29(4), which requires that if the Victorian liquor regulator requests an applicant to give any other information in relation to the application, the applicant must comply with the request. This modification is no longer necessary, and has not been included in the Regulations.

Item 18 – Subparagraphs 31(2)(c)(i) and (ia)

1.      Without modification, this subsection requires that an application for the relocation of a licence or BYO permit from one licensed premises to another be accompanied by prescribed information, or a plan or depiction of the licensed premises in a form specified by the Victorian liquor regulator.
2.      Item 18 repeals these subparagraphs so that applications for the transfer of a licence or BYO permit are not required to provide the accompanying information or plans.
   •          This modification has been included to ensure that an application may be provided to the Victorian liquor regulator without requiring the applicant to include information and plans that are not applicable to operations on the airport as Commonwealth land, such as a requiring provision of a planning permit provided under the Planning and Environment Act 1987 (Vic.) which does not apply on airport land, or proof that an application does not contravene that planning scheme, or requiring approval from the relevant local government authority for footpath or kerbside trading.
   •          The modification set out in item 19 requires that the applicant provide any other information requested by the Victorian liquor regulator, to ensure relevant information may still be requested from the applicant as necessary.
3.      This modification has largely the same intended effect as the modification set out in item 1.6 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to subsection 32(1) since the making of the 1997 Regulations.

Item 19 – At the end of section 31

1.      Without modification, this section sets out application processes and requirements for an application for the relocation of the licence or BYO permit from one licensed premises to another.
2.      Item 19 includes an additional provision requiring that if the Victorian liquor regulator requests an applicant to give any other information in relation to the application, the applicant must comply with the request.
3.      Without modification, section 31 does not include a requirement that the applicant provide any other information requested by the Victorian liquor regulator in relation to the application.
   •          This modification has been included to provide a mechanism for the Victorian liquor regulator to seek any further information required in relation to the application, noting modifications made in item 18 above.
   •          As noted in explanatory material for item 16 and item 17, equivalent provisions are included in section 28 and section 29 to enable information to be sought from an applicant making an application for a licence or permit, and an applicant making an application to vary a licence or permit.
4.      This modification has largely the same intended effect as the modification set out in item 1.7 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to section 31 since the making of the 1997 Regulations.

Item 20 – Subparagraphs 32(2)(c)(i) and (ia)

1.      Without modification, this subsection requires that an application for the transfer of a licence or BYO permit from the licensee to another qualified person be accompanied by prescribed information, or a plan or depiction of the licensed premises in a form specified by the Victorian liquor regulator.
2.      Item 20 repeals these subparagraphs so that applications for the transfer of a licence or BYO permit between persons are not required to provide the accompanying information or plans.
   •          This modification has been included to ensure an application may be provided to the Victorian liquor regulator without requiring the applicant to include information and plans that are not applicable to operations on the airport as Commonwealth land, such as a requiring provision of a planning permit provided under the Planning and Environment Act 1987 (Vic.) which does not apply on airport land, or proof that an application does not contravene that planning scheme, or requiring approval from the relevant local government authority for footpath or kerbside trading.
   •          Subsection 32(3) still requires that the applicant provide any other information requested by the Victorian liquor regulator (noted below), to ensure relevant information may still be requested and provided as necessary.
3.      This modification has largely the same intended effect as the modification set out in item 1.8 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to subsection 32(1) since the making of the 1997 Regulations.
4.      Item 1.9 in Schedule 1 of the 1997 Regulations also omitted the word ‘other’ from subsection 32(3), which requires that if the Victorian liquor regulator requests an applicant to give any other information in relation to the application, the applicant must comply with the request. This modification is no longer necessary, and has not been included in the Regulations.
   

Part 3 – Melbourne (Tullamarine) Airport

1.      Part 3 sets out how the Liquor Control Reform Act 1998 (Vic.) is modified in its application at Melbourne (Tullamarine) Airport. The latest version of the Liquor Control Reform Act 1998 (Vic.) is available at the Victorian Legislation website (https://www.legislation.vic.gov.au). For the avoidance of doubt, modifications outlined in Part 3 of Schedule 2 are applied in addition to the modifications in Part 2 of Schedule 2.

Liquor Control Reform Act 1998 (Vic.)

Item 21 – After paragraph 18(2)(a)

1.      Without modification, subsection 18(2) sets out that local government authorities, universities, TAFE institutes and clubs are exempt from a condition of every licence or BYO permit held by a body corporate that a person must not be appointed as, or otherwise become, a director of the body corporate without the approval of the Victorian liquor regulator.
2.      Item 21 includes an additional provision extending this exemption to a licence or BYO permit for premises at Melbourne (Tullamarine) Airport that is held by an airline, or a body corporate that is incorporated outside Australia.
   •          This exclusion has been included to correctly account for operators at Melbourne (Tullamarine) Airport that are internationally based, and as such are generally not subject to reporting or approval requirements within Australia relating to their corporate structure.
   •          This exclusion is appropriate and limited in scope to organisations included in the exemption, noting that similar exemptions are in place under the Liquor Control Reform Act 1998 (Vic.) for other large institutions, such as universities, local government authorities, and clubs.
3.      This modification has largely the same intended effect as the modification set out in item 2.1 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to section 18 since the making of the 1997 Regulations.

Item 22 – Subsection 33(2)

1.      Without modification, this subsection requires that upon receiving an application relating to a licence or BYO permit, the Victorian liquor regulator must give a copy to the local government authority of the municipal district in which the premises or licensed premises to which the application relates are situated.
2.      Item 22 makes a modification to the subsection to require that a copy of an application is given to an airport-operator company (within the meaning of the Act of the Commonwealth) for Melbourne (Tullamarine) Airport (instead of the local government authority).
   
   •          This modification has been made to ensure an airport-operator company is aware that an application has been made, in place of the local government authority (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).
3.      This modification has largely the same intended effect as the modification set out in item 2.3 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to section 33 since the making of the 1997 Regulations.
4.      Item 2.3 in the 1997 Regulations also referred to the ‘the airport-lessee company for Melbourne (Tullamarine) Airport’. This been updated to instead reference ‘an airport‑operator company for Melbourne (Tullamarine) Airport’ in the Regulations.
   •          This update has been made for greater consistency with terminology used in Part 11 of the Act, and across other Parts of the Regulations. The provision also now correctly accounts for instances where an airport-lessee company contracts out the management of an airport to an airport-management company under section 33 of the Act. Section 5 of the Act makes clear that both the airport-lessee company and airport-management company are considered an ‘airport-operator company’.
5.      Item 2.2 in Schedule 1 of the 1997 Regulations updated the description of section 33 to reflect that the copy should be given to the airport-lessee company, rather than the local government authority. This modification is not necessary, and has not been included in the Regulations.

Item 23 – Subsection 33(3)

1.      Without modification, this subsection provides that upon receiving an application relating to a limited licence or major event licence, the Victorian liquor regulator may give a copy to the Victorian Chief Commissioner of Police or the relevant local government authority if the Victorian liquor regulator thinks fit.
2.      Item 23 modifies the subsection to provide that a copy of an application may be given to an airport-operator company (instead of the local government authority).
   •          This modification has been made to provide a mechanism for an airport-operator company to be made aware that an application has been made, in place of the local government authority (recognising that an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site that would generally be undertaken by a relevant local government authority off-airport).
3.      This modification has largely the same intended effect as the modification set out in item 2.4 in Schedule 1 of the 1997 Regulations. The modification has been updated for clarity, and to account for amendments and insertions to section 33 since the making of the 1997 Regulations.
4.      Item 2.4 in the 1997 Regulations also referred to the ‘the airport-lessee company’. This been updated to instead refer to ‘an airport-operator company’ in the Regulations.
   
   •          This update has been made for greater consistency with terminology used in Part 11 of the Act, and across other Parts of the Regulations. The provision also now correctly accounts for instances where an airport-lessee company contracts out the management of an airport to an airport-management company under section 33 of the Act. Section 5 of the Act makes clear that both the airport-lessee company and airport-management company are considered an ‘airport-operator company’.

Item 24 – Section 34, 35 and 38

1.      Without modification, these sections:
   •          provide for the public display of a licence application;
   •          require the advertisement of the licence application; and
   •          provide that interested parties may object to an application on ground of amenity or harm.
2.      Item 24 repeals these sections, so that they do not apply at Melbourne (Tullamarine) Airport. These modifications are appropriate to reflect that licensed premises are located on airport land, an airport‑operator company performs the equivalent of a land use planning role for sub-lessees on the airport site, and consideration of the appropriateness of siting a licensed premise on airport land is a matter for the airport‑operator company (rather than a local government authority or other parties).
   •          This exemption is appropriate as licensed premises on airport land, particularly within the terminal area, may be expected to have minimal impacts on surrounding communities and other parties off-airport.
3.      This modification has the same intended effect as the modification set out in item 2.5 and item 2.7 in Schedule 1 of the 1997 Regulations. The modification has been updated to clarify and simplify provisions.
4.      Item 2.6 in Schedule 1 of the 1997 Regulations omitted the words ‘display, advertisement and’ from section 37, which sets out that the Victorian liquor regulator may issue guidelines with respect to the requirements for the display, advertisement and notification of applications. Given that that item 24 repeals the sections that require these activities to be undertaken, this modification is not necessary, and has not been included in the Regulations.
5.      Item 2.12 in Schedule 1 of the 1997 Regulations made modifications to paragraph 42(a), which provided that the Victorian liquor regulator could refuse to accept an objection made under section 38 on the basis the person making the objection is not affected by the application. Given that item 24 repeals section 38, this modification is not necessary, and has not been included in the Regulations.