Sydney Airport Demand Management (Compliance Committee) Directions 2026

Sydney Airport Demand Management (Compliance Committee) Directions 2026

I, Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government make the following directions.

Dated 16 Feb 26   

Hon Catherine King MP

Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

Part 2—Directions

5  Statutory objectives of oversight

6  Priorities of the Committee

7  Departmental participation

8  Meeting frequency

9  Processes and Procedures

10  Requests for inquiry

11  Reports on inquiries

12  Annual report to the Minister

13  Information management

14  Conflict of interest disclosure

15  Conduct of the Committee

Part 3—Transitional Arrangements

16  First annual report

17  Inaugural meeting

Part 1—Preliminary

1  Name

  This instrument is the Sydney Airport Demand Management (Compliance Committee) Directions 2026.

2  Commencement

  This instrument commences the day after the instrument is registered.

3  Authority

  This instrument is made under section 67A of the Sydney Airport Demand Management Act 1997.

4  Definitions

 (1) In this instrument:

Act means the Sydney Airport Demand Management Act 1997.

Regulations means the Sydney Airport Demand Management Regulations 2025.

 (2) Expressions used in this instrument have the same meaning as they have in the Act and the Slot Management Scheme.

Note 1: A number of expressions used in this instrument are defined in the Act or the Slot Management Scheme including the following:

1.       Airservices Australia;
2.       Chair;
3.       commercially sensitive information;
4.       Compliance Committee;
5.       member;
6.        northern winter;
7.       operator;
8.       peak period;
9.        slot;
10.        Slot Management Scheme;
11.       Slot Manager;
12.        Sydney Airport.

Note 2: The Acts Interpretation Act 1901 applies to this instrument as if it were an Act (see section 13 of the Legislation Act 2003).

Part 2—Directions

5  Statutory objectives of oversight

The Compliance Committee must perform its functions consistently with the following core objectives:

 (a) competitive use of Sydney Airport’s limited capacity;

 (b) fair application of the legislative framework to all operators;

 (c) efficient utilisation of slots particularly during peak periods;

 (d) transparent monitoring and reporting of compliance.

6  Priorities of the Committee

1.     The Compliance Committee must regularly review and provide advice on the effectiveness of the compliance and enforcement tools available to the Minister and the Slot Manager under the Act, Regulations and Slot Management Scheme.
2.     The Compliance Committee must prioritise inquiring and reporting to the Minister about high-risk non-compliant behaviours and any identified emerging circumstances and patterns of behaviour.

7  Departmental participation

1.     The Department will provide the secretariat function for the Compliance Committee.
2.     In addition, Departmental representatives will attend each meeting of the Compliance Committee as observers, as permitted by subsection 30(1) of the Regulations.
3.     The Compliance Committee must engage constructively with the Department to facilitate the performance of the Committee’s functions.
4.     In performing its functions, the Compliance Committee must consider any information or materials submitted to the Committee by the Department.

8  Meeting frequency

The Compliance Committee should meet four times in a calendar year.

9  Processes and Procedures

1.     The Compliance Committee must make efficient and effective use of the administrative resources provided to it to effectively perform their functions under the Act.
2.     The Compliance Committee must prepare its own terms of reference and arrange for these to be published on the Department’s website.
3.     The Compliance Committee must work with the Department to prepare documentation for meetings of the Committee, such as agendas and minutes.
4.     To support its inquiry and reporting functions, the Compliance Committee must establish and maintain internal processes and systems designed to facilitate the timely delivery of robust, evidence-based advice.
5.     The Chair must work with the Department to maintain accurate reporting of member attendance to facilitate remuneration in accordance with section 68 of the Act.
6.     The Compliance Committee must maintain an action register to track the performance of its functions.
7.     The Compliance Committee must consider whether any of the following actions are appropriate in relation to matters arising during the performance of its functions:

 (a) deferral of consideration of the matter for review at a subsequent meeting;

 (b) referral of the matter to the Department or Minister for consideration of formal enforcement action under the civil penalty provisions of the Act;

 (c) no further action.

10  Requests for inquiry

The Compliance Committee must comply with a written request made under subsection 66(7) of the Act to inquire into and report about any matter.

11  Reports on inquiries

1.     In providing recommendations, the Compliance Committee must consider administrative actions in progress or already undertaken by the Slot Manager under section 32 of the Slot Management Scheme, and advise if any of the Committee’s recommendations would conflict with any such administrative actions.
2.     The Compliance Committee must use data and documentation provided by the Slot Manager, Airservices Australia and the airport-operator company or airport-management companies within the meaning of the Airports Act 1996 in its reporting.

12  Annual report to the Minister

1.     The Compliance Committee must provide the Minister with an annual report detailing the performance of its functions.
2.     The annual report must be delivered to the Minister by 31 October each year and include:

 (a) trends in slot use, in particular behaviour relating to non-compliance with the Act, Regulations or Slot Management Scheme; and

 (b) meetings held; and

 (c) any requests by the Minister under subsection 66(7) of the Act; and

 (d) any other relevant matter.

1.     The Compliance Committee must cooperate with the Department to finalise the annual report.

13  Information management

The Compliance Committee must ensure that protected information, as defined in subsection 70G(4) of the Act, is managed strictly in accordance with the Act.

14  Conflict of interest disclosure

The Compliance Committee must ensure that disclosures of interest are managed strictly in accordance with section 20 of the Regulations.

15  Conduct of the Committee

1.     Members of the Compliance Committee must perform their functions with integrity and impartiality.
2.     Members must be mindful not to behave in any way that might damage the integrity or impartiality of the Compliance Committee, compromise the public’s trust and confidence in the Committee, or undermine the objectives set out in section 5.

Part 3—Transitional Arrangements

16  First annual report

The first annual report should include slot compliance reporting information associated with the 2025 northern winter scheduling season.

17  Inaugural meeting

The agenda for the inaugural meeting of the Compliance Committee must include consideration of how this instrument will be implemented, including in the provision or establishment of protocols, procedures and data requirements for the performance of the Committee’s functions and discussion of the Committee’s immediate priorities.

Note: The name of this instrument was amended on registration to include the year of its making (see section 12, Legislation Rules 2026).