Explanatory Statement
Issued by the Authority of the Minister for Competition Policy and Consumer Affairs
Trade Practices Act 1974
Minister for Competition Policy and Consumer Affairs to the Australian Competition and Consumer Commission Declaration No. 92 2010
Section 95X of the Trade Practices Act 1974 (the Act) provides that the Minister may, by notice published in the Gazette, declare goods or services of a specified description to be notified goods or services and may also declare a person to be, in relation to goods or services of a specified description, a declared person.
Declaration No. 92 declares Sydney Airport Corporation Ltd in relation to the provision of aeronautical services and facilities for regional air services to and from Sydney Kingsford Smith Airport.
Declaration No. 92 is a legislative instrument for the purposes of the Legislative Instruments Act 2003. Registration of the Declaration as a legislative instrument is taken to satisfy the requirement that it be published in the Gazette, as provided for in subsection 56(1) of the Legislative Instruments Act 2003.
Declaration No. 92 takes effect from 1 July 2010 and ceases on 30 June 2013.
Overview
The Trade Practices Act 1974, enacted by the Parliament of Australia, serves to regulate trade and commerce and prevent anti-competitive practices. A notable instrument under this Act is Declaration No. 92, issued in 2010 by the Minister for Competition Policy and Consumer Affairs, which aims to address specific market concerns by declaring Sydney Airport Corporation Ltd a declared person in relation to the provision of aeronautical services and facilities for regional air services to and from Sydney Kingsford Smith Airport. This declaration is intended to ensure that the provision of these services adheres to the Act’s provisions, thereby maintaining fair competition and protecting consumer interests within the designated sector. The declaration is effective from 1 July 2010 until 30 June 2013, as specified in the accompanying explanatory statement, which also notes the legislative requirement for its publication in the Gazette under the Legislative Instruments Act 2003.
Scope and Application
The Trade Practices Act 1974, as amended by Declaration No. 92, applies specifically to Sydney Airport Corporation Ltd in relation to the provision of aeronautical services and facilities for regional air services to and from Sydney Kingsford Smith Airport. This legislative instrument designates Sydney Airport Corporation Ltd as a declared person under the Act, thereby subjecting its activities within the specified scope to additional regulatory scrutiny and oversight by the Australian Competition and Consumer Commission. The geographic reach of this Act is limited to the operations of Sydney Airport Corporation Ltd at Sydney Kingsford Smith Airport. The declaration is effective from 1 July 2010 until 30 June 2013, after which it ceases to have any legal effect unless further extended or renewed. The Act does not specify any exclusions, exemptions, or thresholds within this particular declaration but relies on broader provisions of the Trade Practices Act for such details. Any extension or restriction of application is typically managed through subordinate instruments, which may be issued to provide further clarification or adjust the scope of the declaration.
Key Provisions
The Trade Practices Act 1974 (the Act) includes Section 95X, which allows the Minister for Competition Policy and Consumer Affairs to declare certain goods or services as notified goods or services, and to designate a person as a declared person in relation to these goods or services (Section 95X). In this context, Declaration No. 92, issued under this authority, identifies Sydney Airport Corporation Ltd as a declared person for the provision of aeronautical services and facilities for regional air services to and from Sydney Kingsford Smith Airport (Section 95X). This declaration, effective from 1 July 2010 until 30 June 2013, ensures that the operations of Sydney Airport Corporation Ltd in the specified services are subject to additional regulatory scrutiny and compliance requirements under the Act.
Under this declaration, Sydney Airport Corporation Ltd is subject to specific obligations and requirements designed to ensure fair and transparent practices in the provision of aeronautical services. These obligations likely include adhering to any relevant codes of conduct, maintaining transparency in pricing and service offerings, and ensuring accessibility and non-discrimination in the provision of these services. The declared status imposes a duty on the corporation to report and provide information to the Australian Competition and Consumer Commission (ACCC) as necessary, facilitating oversight and enforcement of the Act's provisions.
Breaches of the obligations and requirements set out by the Act, including those arising from this declaration, can result in significant consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include substantial fines, with the exact amount determined by the courts based on the nature and severity of the breach. Additionally, the Act may impose criminal penalties for serious or repeated violations, which can include fines or imprisonment. The maximum penalties for such offences are specified in the Act, reflecting the seriousness of non-compliance with the regulatory requirements designed to protect consumer interests and maintain fair competition.