Trade Practices Act 1974 - Declaration No. 90 - Regional Air Services at Sydney Airport

Overview

The Prices Surveillance Act 1983 was enacted by the Commonwealth Parliament to address the need for monitoring and controlling prices in certain sectors to prevent anti-competitive practices and to protect consumers from excessive pricing. The Act was established to ensure that prices in designated services are not excessive and that the services are provided efficiently. The 1983 Act was subsequently amended to include the Prices Surveillance (Declared Services) Amendment Act 2002, which led to the declaration of specific services under the Act. This declaration, made by Ian Campbell, Parliamentary Secretary to the Treasurer, under section 21(1) of the Act, aims to subject certain aeronautical services provided at Sydney (Kingsford Smith) Airport to price monitoring. The declaration identifies Sydney Airports Corporation Ltd as a declared person for the purposes of the Act and specifies the aeronautical services that are subject to price monitoring, while excluding some landside and maintenance services. The policy objective of this declaration is to ensure fair pricing and efficient service provision in the context of regional air services within New South Wales.

Scope and Application

The Prices Surveillance Act 1983, through Declaration No 90I issued by Ian Campbell, Parliamentary Secretary to the Treasurer, applies specifically to certain aeronautical services provided in regional air services within the State of New South Wales. The Act designates Sydney Airports Corporation Ltd as a declared person responsible for the provision of aircraft movement and passenger processing facilities and activities at Sydney (Kingsford Smith) Airport, subject to price monitoring under section 27A of the Act. This monitoring is limited to services directly related to airside grounds, taxiways, aprons, aerobridges, departure lounges, and security systems, among others, while specifically excluding services such as landside vehicle access, public car parking, and aircraft light and emergency maintenance sites. The Act's jurisdictional reach is limited to the Commonwealth level, but it specifically targets services provided within the State of New South Wales, as outlined in the declaration. The exclusions noted in the declaration ensure that certain pre-existing contractual obligations under the Federal Airports Corporation are not affected by the provisions of the Act. This legislative instrument, which came into effect on 1 July 2002 and ceased on 1 July 2007, effectively sets the scope for surveillance and monitoring of prices for the specified aeronautical services during its operational period.

Key Provisions

The Prices Surveillance Act 1983, as declared by Ian Campbell, Parliamentary Secretary to the Treasurer, identifies specific aeronautical services as notified services under section 27A of the Act (section 1). These services, which are subject to price monitoring, include aircraft movement facilities and activities, as well as passenger processing facilities and activities, but exclude landside vehicle access, landside vehicle services, check-in counters, and aircraft light and emergency maintenance sites and buildings (sections 1 and 3). The declaration also identifies Sydney Airports Corporation Ltd as a declared person responsible for the provision of these services at Sydney (Kingsford Smith) Airport (section 2). It is important to note that services subject to contracts, leases, licences, or authorities given under the common seal of the Federal Airports Corporation on the date the airport lease was granted are excluded from the notified services (section 5). The Act imposes obligations on the parties and entities it governs, specifically requiring Sydney Airports Corporation Ltd to ensure compliance with the price monitoring provisions for the notified services (section 2). This involves adhering to the price monitoring framework established under section 27A of the Prices Surveillance Act 1983, which likely includes submitting price data and reports to the relevant authorities. The declaration further specifies the scope of the notified services, ensuring that the price monitoring applies only to the defined activities and facilities related to aircraft movement and passenger processing, excluding certain landside and maintenance services (sections 1, 3 and 5). Breach of the obligations under the Act could lead to various consequences, although specific offences, penalties, or consequences are not detailed in the text provided. Generally, under the Prices Surveillance Act 1983, non-compliance with price monitoring requirements could result in civil or criminal penalties. The Act may empower authorities to take action against entities that fail to comply with the price monitoring provisions, including the imposition of fines or other penalties as specified in the Act. The exact nature and severity of these penalties would be determined in accordance with the broader legislative framework governing the Act.