BRISBANE AIRPORT CURFEW AND DEMAND MANAGEMENT BILL 2022

2019-2020-2021-2022

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Brisbane Airport Curfew and Demand

Management Bill 2022

No. , 2022

(Mr Bandt)

A Bill for an Act to impose a curfew and related

restrictions on aircraft movements at Brisbane

Airport, and for related purposes

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Contents

Part 1--Preliminary

Short title .............................................................................. 1

Commencement .................................................................... 2

Definitions ............................................................................ 2

Disapplying Part 2.5 of

Criminal Code

................................ 5

Time is legal time in Queensland ......................................... 5

Crown to be bound ............................................................... 5

Extra-territorial operation ..................................................... 5

Schedule 2 ............................................................................ 5

Part 2--The curfew

Division 1--The curfew

Curfew periods ..................................................................... 6

Prohibition on taking off or landing during curfew periods .. 6

Use of reverse thrust during curfew periods ......................... 6

Missed approaches during curfew periods ............................ 7

Division 2--Exceptions

Regulations ........................................................................... 9

Aircraft may take off or land in emergencies or if Minister

grants dispensation ............................................................... 9

Emergencies ......................................................................... 9

Dispensations in exceptional circumstances ....................... 10

Division 3--Provision of information

Authorised person may require the provision of information

............................................................................................ 11

Part 3--The maximum aircraft movement limit

Maximum movement limit ................................................. 12

Minister's power to determine a lower maximum movement

limit .................................................................................... 12

Consultation about determination of lower maximum

movement limit ................................................................... 13

Airservices Australia to monitor compliance with maximum

movement limit and to report to Minister ........................... 14

Part 4--Unauthorised gate movements

Division 1--Unauthorised gate movements

Gate movements to which this Part applies ........................ 16

Meaning of

no-slot movement

and

off-slot movement

......... 17

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Prohibition on no-slot movements ...................................... 18

Prohibition on off-slot movements ..................................... 18

Division 2--Exceptions

Aircraft may make gate movements in emergencies or if Slot

Manager grants dispensation .............................................. 19

Emergencies ....................................................................... 19

Dispensations in exceptional circumstances ....................... 19

State aircraft ....................................................................... 20

Part 5--The Slot Management Scheme

Division 1--Framework within which Scheme to be developed

and to operate

The Scheme and its basic purpose ...................................... 21

The concept of a slot ........................................................... 21

Contents of Scheme ............................................................ 21

Minister's power to determine additional requirements ..... 23

Consequence of Scheme not being consistent with section 32

............................................................................................ 23

Division 2--Development and amendment of Scheme

Subdivision A--Development

Slot Manager to develop slot management scheme and

submit it for approval ......................................................... 24

Minister's power to request or make amendments ............. 24

Consultation about scheme ................................................. 25

Approval of scheme ............................................................ 25

When Slot Management Scheme comes into force............. 26

Subdivision B--Amendment

Slot Manager may develop amendments of Slot Management

Scheme and submit them for approval................................ 26

Minister's power to request or develop amendments ......... 26

Consultation about amendments ......................................... 27

Approval of amendments .................................................... 27

When an amendment comes into force ............................... 28

Division 3--Powers of Minister and Compliance Committee in

relation to slot allocation

Minister's powers ............................................................... 29

Compliance Committee's powers ....................................... 30

Part 6--The Compliance Scheme

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Brisbane Airport Curfew and Demand Management Bill 2022

iii

Division 1--Framework within which Scheme to be developed

and to operate

The Scheme and its basic purpose ...................................... 31

Contents of Scheme ............................................................ 31

Minister's power to determine additional requirements ..... 32

Consequence of Scheme not being consistent with section 48

............................................................................................ 32

Division 2--Development and amendment of Scheme

Subdivision A--Development

Compliance Committee to develop compliance scheme and

submit it for approval ......................................................... 33

Minister's power to request or make amendments ............. 33

Approval of scheme ............................................................ 33

When Compliance Scheme comes into force ..................... 34

Subdivision B--Amendment

Compliance Committee may develop amendments of

Compliance Scheme and submit them for approval ........... 34

Minister's power to request or develop amendments ......... 34

Approval of amendments .................................................... 35

When an amendment comes into force ............................... 35

Division 3--Modification of Scheme in exceptional

circumstances

Minister's power to determine modifications ..................... 36

Part 7--The Slot Manager

The Slot Manager ............................................................... 37

Appointment of Slot Manager ............................................ 37

The legal position of the Slot Manager ............................... 37

Termination of appointment ............................................... 39

Protection of Slot Manager etc. from legal actions ............. 39

Change of Slot Manager ..................................................... 39

Part 8--The Compliance Committee

The Compliance Committee ............................................... 40

Regulations may deal with appointment and other matters 40

The legal position of the Compliance Committee............... 40

Protection of Compliance Committee from legal actions ... 41

Part 9--The Long Term Operating Plan

The Long Term Operating Plan .......................................... 42

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Part 10--Miscellaneous

Minister to consult .............................................................. 43

Civil penalties ..................................................................... 43

Infringement notices ........................................................... 44

Conduct by directors, employees and agents ...................... 44

Evidentiary certificates ....................................................... 46

Part IIIA of the

Competition and Consumer Act 2010

to be

subject to this Act ............................................................... 46

Delegation .......................................................................... 47

Regulations ......................................................................... 47

Schedule 1--Consultation procedures

Schedule sets out consultation procedures .......................... 49

Minister may determine that a body or organisation

represents those likely to be affected .................................. 49

Minister must prepare a written proposal ........................... 49

Public to be invited to make submissions ........................... 49

Body or organisations specified under clause 2 to be

consulted ............................................................................. 50

Submissions ........................................................................ 50

Failure to comply does not invalidate ................................. 51

Schedule 2--Amendments

Airports Act 1996

National Emergency Declaration Act 2020

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

A Bill for an Act to impose a curfew and related

restrictions on aircraft movements at Brisbane

Airport, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act is the

Brisbane Airport Curfew and Demand Management

Act 2022

Part 1

Preliminary

Section 2

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of

this Act

A time or times to be fixed by Proclamation.

However, if any of the provisions do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Definitions

In this Act:

aircraft

means any machine or craft that can derive support in the

atmosphere from the reactions of the air.

aircraft movement

means:

(a) the landing of an aircraft on a runway; or

(b) the taking off of an aircraft from a runway.

associated

: an aircraft movement and a gate movement are

associated

if:

Preliminary

Part 1

Section 3

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

(a) for an aircraft movement that is a take-off--the gate

movement is the last gate movement of the aircraft before the

take-off; or

(b) for an aircraft movement that is a landing--the gate

movement is the first gate movement of the aircraft after the

landing.

Australia

, when used in a geographical sense, includes the external

Territories.

authorised person

means:

(a) the Secretary of the Department; or

(b) a person appointed in writing by the Secretary to be an

authorised person for the purposes of this Act; or

by the Secretary to be authorised persons for the purposes of

this Act.

Brisbane Airport

means the airport known as Brisbane Airport.

civil penalty provision

has the same meaning as in the Regulatory

Powers Act.

Compliance Committee

means the Committee appointed in

accordance with regulations for the purposes of section 67.

Compliance Scheme

means the scheme set out in a determination

under subsection 53(2), as that scheme is amended from time to

time and as it has effect subject to any determinations under

subsection 59(1).

curfew period

has the meaning given by section 9.

engage in conduct

means:

(a) do an act; or

(b) omit to perform an act.

Federal Court

means the Federal Court of Australia.

gate movement

means:

Part 1

Preliminary

Section 3

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

(a) the first movement of an aircraft after its external doors have

been closed in preparation for an aircraft movement that is a

take-off; or

(b) the last movement of an aircraft immediately before the

moment when, after an aircraft movement that is a landing, it

comes to a standstill and the engines are turned off.

infringement notice

has the same meaning as in the Regulatory

Powers Act.

land

--an aircraft lands when it touches the ground.

maximum movement limit

has the meaning given by

subsection 18(1).

operator

of an aircraft:

(a) in Part 2--means a person who conducts an aircraft operation

using the aircraft; and

(b) other than in Part 2--means the person who, when a gate

movement using the aircraft occurs, is:

(i) unless subparagraph (ii) applies--the owner of the

aircraft; or

(ii) if the aircraft is under a lease at the time of the

movement--the lessee of the aircraft.

Regulatory Powers Act

means the

Regulatory Powers (Standard

Provisions) Act 2014

slot

has the meaning given by subsection 31(1).

Slot Management Scheme

means the scheme set out in a

determination under subsection 38(2), as that scheme is amended

from time to time.

Slot Manager

means the body corporate appointed under

section 61 to hold the office of Slot Manager.

state aircraft

has the meaning given by section 29.

take off

--an aircraft takes off when it leaves the ground.

Preliminary

Part 1

Section 4

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

4 Disapplying Part 2.5 of Criminal Code

Part 2.5 of the

Criminal Code

does not apply to an offence against

this Act.

Note:

Part 2.5 of the Criminal Code deals with corporate criminal

responsibility.

5 Time is legal time in Queensland

References in this Act to time are references to legal time in

Queensland.

6 Crown to be bound

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to a pecuniary penalty or

to be prosecuted for an offence.

7 Extra-territorial operation

This Act extends to acts, omissions, matters and things outside

Australia, whether or not in a foreign country.

8 Schedule 2

Legislation that is specified in Schedule 2 is amended or repealed

as set out in the applicable items in that Schedule, and any other

item in that Schedule has effect according to its terms.

Part 2

The curfew

Division 1

The curfew

Section 9

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Part 2--The curfew

Division 1--The curfew

9 Curfew periods

A curfew period

starts at 10 pm on a day and ends at 6 am on the

next day.

10 Prohibition on taking off or landing during curfew periods

(1) An aircraft must not take off from, or land at, Brisbane Airport

during a curfew period, unless the take-off or landing is permitted

under Division 2.

(2) The operator of an aircraft commits an offence if:

(a) the operator engages in conduct; and

(b) the operator's conduct results in a contravention of

subsection (1).

Penalty: 1,000 penalty units.

(3) Strict liability applies to paragraph (2)(b).

Note:

For

strict liability

, see section 6.1 of the

Criminal Code

11 Use of reverse thrust during curfew periods

(1) If an aircraft lands at Brisbane Airport during a curfew period

using reverse thrust greater than idle reverse thrust, the operator of

the aircraft must lodge a return in accordance with subsection (4)

within 7 days after the landing.

(2) The operator of an aircraft commits an offence if:

(a) the operator engages in conduct; and

(b) the operator's conduct results in a contravention of

subsection (1).

Penalty: 50 penalty units.

(3) Strict liability applies to paragraph (2)(b).

The curfew

Part 2

The curfew

Division 1

Section 12

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Note:

For

strict liability

, see section 6.1 of the

Criminal Code

(4) The return must:

(a) state the date and time of the landing; and

(b) state the aircraft's registration mark, its operator, and its type;

and

thrust was used during the landing; and

(d) be lodged by giving the return to an authorised person at a

prescribed address.

(5) The operator of an aircraft should not plan to land the aircraft at

Brisbane Airport during a curfew period if the operator is aware

that the landing would require the use of reverse thrust greater than

idle reverse thrust.

(6) The pilot of an aircraft landing at Brisbane Airport during a curfew

period should use only the minimum reverse thrust necessary for a

safe landing.

12 Missed approaches during curfew periods

(1) If an aircraft attempts to land at Brisbane Airport during a curfew

period but misses the approach, the operator of the aircraft must

lodge a return in accordance with subsection (4) within 7 days after

the attempted landing.

(2) The operator of an aircraft commits an offence if:

(a) the operator engages in conduct; and

(b) the operator's conduct results in a contravention of

subsection (1).

Penalty: 50 penalty units.

(3) Strict liability applies to paragraph (2)(b).

Note:

For

strict liability

, see section 6.1 of the

Criminal Code

(4) The return must:

(a) state the date and time of the attempted landing; and

Part 2

The curfew

Division 1

The curfew

Section 12

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

(b) state the aircraft's registration mark, its operator, and its type;

and

conditions prevailing at the time; and

(d) state the downwind limits for landing specified in the

aircraft's flight manual; and

(e) be lodged by giving the return to an authorised person at a

prescribed address.

The curfew

Part 2

Exceptions

Division 2

Section 13

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Division 2--Exceptions

13 Regulations

For the purposes of subsection 10(1), an aircraft may take-off from,

or land at Brisbane Airport between 10 pm and midnight, or may

land at Brisbane Airport between 5 am and 6 am, in circumstances

specified by the regulations (including circumstances involving

approval by the Minister or another person).

14 Aircraft may take off or land in emergencies or if Minister grants

dispensation

For the purposes of subsection 10(1), an aircraft may take off from,

or land at, Brisbane Airport in circumstances that would otherwise

contravene section 10 if:

(a) the aircraft is involved in an emergency as described in

section 15; or

(b) a dispensation granted by the Minister under section 16

authorises the take-off or landing and the take-off or landing

is in accordance with any conditions of the dispensation; or

the

National Emergency Declaration Act 2020

) is in force--

the aircraft is being used for or in connection with the

emergency to which the declaration relates.

15 Emergencies

For the purposes of paragraph 14(a), an aircraft is involved in an

emergency if:

(a) the aircraft is being used for or in connection with:

(i) a search and rescue operation; or

(ii) a medical emergency; or

(iii) a natural disaster; or

(b) the pilot of the aircraft has declared an in-flight emergency;

airport; or

Part 2

The curfew

Division 2

Exceptions

Section 16

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

(d) there is an urgent need for the aircraft to land or take off:

(i) to ensure the safety or security of the aircraft or any

person; or

(ii) to avoid damage to property.

16 Dispensations in exceptional circumstances

(1) The Minister may grant a dispensation authorising an aircraft to

take off from, or land at, Brisbane Airport in circumstances that

would otherwise contravene section 10 if the Minister is satisfied

that there are exceptional circumstances justifying the take-off or

landing.

(2) A dispensation may be granted subject to conditions including, for

example, conditions relating to when the take-off or landing must

occur and the runway to be used.

(3) In granting dispensations, the Minister must have regard to

guidelines made under subsection (5).

(4) A dispensation need not be in writing, but a written record of each

dispensation and the reasons for granting it must be made and must

be tabled in each House of the Parliament within 5 sitting days of

that House after the dispensation is granted.

(5) The Minister must, by legislative instrument, make guidelines

about the granting of dispensations under this section including, in

particular:

(a) what constitutes exceptional circumstances; and

(b) the conditions to which dispensations should be subject.

(6) The consultation procedures set out in Schedule 1 apply if the

Minister proposes to make guidelines under subsection (5).

The curfew

Part 2

Provision of information

Division 3

Section 17

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Division 3--Provision of information

17 Authorised person may require the provision of information

(1) An authorised person may, by notice in writing given to the

operator of an aircraft, require the operator to give the authorised

person, within 30 days of receiving the notice:

(a) information relating to the noise level of the aircraft; or

(b) information relevant to determining whether a take-off or

landing of the aircraft was permitted by paragraph 14(a)

(emergencies).

(2) The operator must not fail to comply with the notice.

Penalty: 50 penalty units.

Note 1:

If the operator is a body corporate, the maximum penalty that may be

imposed is 250 penalty units (see subsection 4B(3) of the

Crimes Act

1914

Note 2:

For the value of a penalty unit, see subsection 4AA(1) of the

Crimes

Act 1914

(3) This section does not affect a person's right to refuse to give

information on the ground that the information, or giving the

information, might tend to incriminate the person or expose the

person to a penalty.

Part 3

The maximum aircraft movement limit

Section 18

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Part 3--The maximum aircraft movement limit

18 Maximum movement limit

(1) There are to be no more than 45 aircraft movements at Brisbane

Airport in any regulated hour. This limit is known as the

maximum

movement limit

Note:

The Minister may determine a lower limit--see section 19.

(2) A

regulated hour

is a period of 60 minutes starting:

(a) on the hour (being one of the 24 hours of a day); or

(b) at 15 minutes past the hour; or

(d) at 45 minutes past the hour.

(3) However, a period is not a

regulated hour

if it starts during, or less

than 60 minutes before, a curfew period.

Note:

Aircraft movements during curfew periods are regulated under Part 2.

(4) In applying the limit imposed by this section, aircraft movements

associated with gate movements that are permitted by Division 2 of

Part 4 are not to be counted.

(5) The purpose of this section is to set the maximum movement limit

for the purposes of subsection 32(4) (which requires the Slot

Management Scheme to be consistent with the limit) and other

provisions of this Act. It does not operate to create rights or

obligations except as provided in other provisions of this Act.

19 Minister's power to determine a lower maximum movement limit

(1) The Minister may, by legislative instrument, determine that

subsection 18(1) is to have effect as if a lower number of aircraft

movements were specified in it.

Note:

See section 20 for consultation requirements.

(3) While a determination under subsection (1) is in force,

subsection 18(1) has effect as if the lower number of aircraft

movements were specified in it.

The maximum aircraft movement limit

Part 3

Section 20

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

(4) A determination under subsection (1):

(a) comes into force on the first day after the end of the period

during which it can be disallowed by a House of the

Parliament, or on a later day specified in the determination;

and

(b) remains in force until the end of the period (if any) specified

in the determination, or until the Minister revokes the

determination.

If the determination is disallowed, it does not come into force.

20 Consultation about determination of lower maximum movement

limit

(1) Before making a determination under subsection 19(1), the

Minister must, by notifiable instrument, publish a notice:

(a) stating that the Minister is considering making the

determination specified in the notice; and

(b) inviting members of the public and persons covered by any

of the following subparagraphs to give the Minister a written

submission about the proposed determination within 30 days

after the publication of the notice:

(i) the operator of Brisbane Airport;

(ii) Airservices Australia;

(iii) the Civil Aviation Safety Authority;

(iv) persons who represent the interests of all of the aircraft

operators who use Brisbane Airport to operate

scheduled air services;

(v) persons who represent the interests of communities in

South-East Queensland.

(2) If a person gives the Minister a written submission in accordance

with the notice, the Minister must have due regard to the

submission in making the determination.

(3) Subsection (2) does not, by implication, limit the matters to which

the Minister may have regard.

(4) This section does not apply to a determination that the Minister

proposes to make if the consultation requirements in section 17

Part 3

The maximum aircraft movement limit

Section 21

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

(consultation) of the

Legislation Act 2003

apply to the making of

the determination.

21 Airservices Australia to monitor compliance with maximum

movement limit and to report to Minister

Airservices Australia's monitoring role

(1) Airservices Australia is to monitor compliance with the maximum

movement limit, and (subject to subsection (5)) is to give the

Minister a written report, within 28 days of the end of each quarter,

on the extent of infringements (if any) of the limit in the quarter.

(2) A

quarter

is a period of 3 months starting on any of the following

dates in a year:

(a) 1 January;

(b) 1 April;

(d) 1 October.

(3) The Minister must cause a copy of each report under subsection (1)

to be laid before each House of the Parliament within 15 sitting

days of that House after the day on which the Minister receives the

report.

(4) Airservices Australia's obligations under this section are limited to

monitoring compliance with the maximum movement limit and

reporting to the Minister on the extent of infringements. This

monitoring and reporting role does not authorise or require

Airservices Australia to take any action to enforce compliance with

the limit.

What happens if this section commences during a quarter

(5) If this section commences during a quarter (but not on the first day

of the quarter):

(a) no report is to be made at the end of the quarter; but

(b) the report made at the end of the next quarter is also to

include the information about infringements that occurred in

the previous quarter.

The maximum aircraft movement limit

Part 3

Section 21

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

What happens if Airservices Australia ceases to provide air traffic

services at Brisbane Airport

(6) If Airservices Australia ceases to provide air traffic services at

Brisbane Airport, this section ceases to apply to Airservices

Australia.

(7) The Minister may enter into an arrangement with another person

who does, or is to, provide air traffic services at Brisbane Airport

under which the person will perform a monitoring role similar to

the role that Airservices Australia performed under this section.

Reports received by the Minister under the arrangement are to be

tabled in accordance with the requirements of subsection (3).

Part 4

Unauthorised gate movements

Division 1

Unauthorised gate movements

Section 22

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Part 4--Unauthorised gate movements

Division 1--Unauthorised gate movements

22 Gate movements to which this Part applies

This Part applies to all gate movements at Brisbane Airport, other

than:

(a) any gate movement that is permitted by Division 2; and

(b) any gate movement that is associated with an aircraft

movement that occurs during a curfew period, unless a slot

has been allocated for the gate movement under the Slot

Management Scheme; and

conditions are satisfied:

(i) the associated aircraft movement was scheduled to

occur at a time during a curfew period;

(ii) the aircraft movement actually occurs at a time that is

not during a curfew period;

(iii) if the aircraft movement had occurred at its scheduled

time, the aircraft movement would have been permitted

by section 13;

(iv) no slot has been allocated for the gate movement under

the Slot Management Scheme.

Note 1:

Regarding paragraph (b), a slot may have been allocated for the gate

movement because the aircraft movement was scheduled to occur

before or after the curfew period. In that case, this Part applies to the

gate movement even if the aircraft movement actually occurs during

the curfew period.

Note 2:

Aircraft movements during curfew periods are regulated under Part 2.

Slots cannot be allocated for times during curfew periods (see

subsection 32(3)).

Unauthorised gate movements

Part 4

Unauthorised gate movements

Division 1

Section 23

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

23 Meaning of no-slot movement and off-slot movement

Meaning of no-slot movement

(1) A gate movement is a

no-slot movement

if no slot permitting the

movement on the day on which it occurs has been allocated under

the Slot Management Scheme.

Meaning of off-slot movement

(2) A gate movement is an

off-slot movement

(subject to

subsection (6)) if:

(a) a slot permitting the movement on the day on which it occurs

has been allocated under the Slot Management Scheme; and

(b) the circumstances are such that, according to the provisions

of the Compliance Scheme referred to in subsection 48(1),

the movement is an off-slot movement.

Clarification of definitions

(3) If a slot permitting a gate movement at a specified time on a

specified day has been allocated under the Slot Management

Scheme, but the movement occurs at another time on that day:

(a) the movement is not a no-slot movement; but

(b) depending on the circumstances, the movement may be an

off-slot movement.

Slot Manager's power to declare that gate movements do not have

to be in accordance with allocated slots

(4) The Slot Manager may, in writing, declare, in relation to the whole

or a part of a day, that gate movements that occur during the period

to which the declaration relates are not required to take place in

accordance with their allocated slots.

(5) In making a declaration, the Slot Manager must have regard to the

provisions of the Slot Management Scheme referred to in

subsection 32(6).

Part 4

Unauthorised gate movements

Division 1

Unauthorised gate movements

Section 24

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

(6) During the period to which a declaration relates, a gate movement

that would otherwise be an off-slot movement is taken not to be an

off-slot movement.

Note:

The declaration has no effect on the question whether a gate

movement is a no-slot movement.

24 Prohibition on no-slot movements

The operator of an aircraft must not, knowingly or recklessly,

allow the aircraft to engage in a gate movement to which this Part

applies that is a no-slot movement.

Civil penalty:

400 penalty units.

25 Prohibition on off-slot movements

The operator of an aircraft must not, knowingly or recklessly,

allow the aircraft to engage in a gate movement to which this Part

applies that is an off-slot movement.

Civil penalty:

200 penalty units.

Unauthorised gate movements

Part 4

Exceptions

Division 2

Section 26

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Division 2--Exceptions

26 Aircraft may make gate movements in emergencies or if Slot

Manager grants dispensation

For the purposes of paragraph 22(a), an aircraft may make a gate

movement at Brisbane Airport in circumstances that would

otherwise result in the operator contravening a civil penalty

provision if:

(a) the aircraft is involved in an emergency as described in

section 27; or

(b) a dispensation granted by the Slot Manager under section 28

authorises the gate movement, and the gate movement is in

accordance with any conditions of the dispensation; or

27 Emergencies

For the purposes of paragraph 26(a), an aircraft is

involved in an

emergency

if:

(a) the aircraft is being used, or is returning after use, for or in

connection with:

(i) a search and rescue operation; or

(ii) a medical emergency; or

(iii) a natural disaster; or

(b) the pilot of the aircraft has declared an in-flight emergency.

28 Dispensations in exceptional circumstances

(1) The Slot Manager may grant a dispensation authorising an aircraft

to make a gate movement at Brisbane Airport in circumstances that

would otherwise result in the operator contravening a civil penalty

provision if the Slot Manager is satisfied that there are exceptional

circumstances.

(2) A dispensation may be granted subject to conditions including, for

example, conditions relating to when the gate movement must

occur.

Part 4

Unauthorised gate movements

Division 2

Exceptions

Section 29

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

(3) In granting a dispensation, the Slot Manager must have regard to

the provisions of the Slot Management Scheme referred to in

subsection 32(7).

(4) A dispensation need not be in writing, but the Slot Manager must

make a written record of each dispensation and the reasons for

granting it.

29 State aircraft

state aircraft

is:

(a) an aircraft:

(i) of any part of the Defence Force of Australia; or

(ii) that is commanded by a member of that Force in the

course of his or her duties as such a member;

other than any such aircraft that is registered under

regulations made under the

Civil Aviation Act 1988

; or

(b) an aircraft used in the military, customs or police services of

a country other than Australia.

The Slot Management Scheme

Part 5

Framework within which Scheme to be developed and to operate

Division 1

Section 30

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Part 5--The Slot Management Scheme

Division 1--Framework within which Scheme to be

developed and to operate

30 The Scheme and its basic purpose

(1) There is to be a scheme, known as the Slot Management Scheme,

for Brisbane Airport.

(2) The basic purpose of the Scheme is to provide a system for the

allocation of permissions for gate movements at Brisbane Airport.

The system must be consistent with the maximum movement limit

for aircraft movements.

31 The concept of a slot

(1) A permission for a gate movement is known as a

slot

. A slot

allocated under the Slot Management Scheme will permit a

specified gate movement at a specified time on a specified day.

(2) A slot allocated under the Scheme is not transferable (except in

accordance with provisions in the Scheme about swapping slots)

and does not create rights or obligations that are enforceable

against any person.

(3) Other laws may impose requirements or restrictions on or in

relation to aircraft movements or gate movements. The allocation

of a slot for a gate movement under the Scheme in no way affects

the application of such other requirements or restrictions to, or in

relation to, the gate movement and any associated aircraft

movement.

32 Contents of Scheme

(1) The Slot Management Scheme must provide a system for the

allocation of slots for gate movements at Brisbane Airport. In

addition to allocation, the Scheme may deal with associated

matters such as the variation, suspension, cancellation, surrender or

Part 5

The Slot Management Scheme

Division 1

Framework within which Scheme to be developed and to operate

Section 32

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

swapping of allocated slots, and the conditions that may be

imposed on slots.

(2) The Scheme may deal with the allocation of slots for specified

categories of gate movements.

(3) The Scheme must not allow slots to be allocated for times during

curfew periods.

(4) The Scheme must be consistent with the maximum movement limit

for aircraft movements.

(5) The Scheme may provide for the authorisation of other persons to

exercise powers of the Slot Manager relating to the allocation of

slots, or to slots that have been allocated.

(6) The Scheme must set out guidelines relating to the exercise of the

Slot Manager's power under subsection 23(4) to make declarations

that gate movements are not required to take place in accordance

with their allocated slots.

(7) The Scheme must set out guidelines relating to the exercise of the

Slot Manager's power under section 28 to grant dispensations

including, in particular:

(a) what constitutes exceptional circumstances for the purposes

of that section; and

(b) the conditions to which dispensations should be subject.

(8) The Scheme may contain a mechanism for the reconsideration of

decisions made under the Scheme, or of decisions made by the Slot

Manager for the purposes of this Act.

(9) The Scheme may contain other provisions relating to the

performance of the Slot Manager's functions.

(10) The Scheme must be consistent with the additional requirements (if

any) specified in the regulations. Any such requirements must be

consistent with the maximum movement limit for aircraft

movements.

(11) The Scheme must be consistent with the additional requirements (if

any) specified in determinations in force under section 33.

The Slot Management Scheme

Part 5

Framework within which Scheme to be developed and to operate

Division 1

Section 33

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

(12) The Scheme must be consistent with any requirements of Part 2

that relate to aircraft movements before or after curfew periods.

33 Minister's power to determine additional requirements

(1) The Minister may, by legislative instrument, determine additional

requirements with which the Slot Management Scheme must be

consistent. Any such requirements must be consistent with the

maximum movement limit for aircraft movements.

(2) Before making a determination under subsection (1), the Minister

must consult the Slot Manager about the proposed determination.

This requirement does not apply to the Minister making a

determination before the Slot Manager has been appointed.

34 Consequence of Scheme not being consistent with section 32

Inconsistency with section 32 does not affect the validity of the

Slot Management Scheme. However, if the Minister becomes

aware that the Scheme is inconsistent with that section, the

Minister is to take action under Division 2 to have the Scheme

amended, as soon as possible, so that it is consistent with that

section.

Part 5

The Slot Management Scheme

Division 2

Development and amendment of Scheme

Section 35

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Division 2--Development and amendment of Scheme

Subdivision A--Development

35 Slot Manager to develop slot management scheme and submit it

for approval

(1) The Slot Manager is to develop a slot management scheme (the

draft scheme

) for Brisbane Airport that is consistent with

section 32.

(2) The draft scheme is to be submitted to the Minister for approval.

(3) The Minister may require the Slot Manager to develop and submit

the draft scheme by a time determined by the Minister.

36 Minister's power to request or make amendments

(1) The Minister may request the Slot Manager to amend the draft

scheme to address a particular issue identified by the Minister and

to resubmit the amended draft scheme for approval.

(2) If the Slot Manager refuses or fails to comply with the request to

the satisfaction of the Minister within 14 days of the request being

made, or within such longer period as the Minister determines, the

Minister may amend the draft scheme to address the issue

identified in the request. Before doing so, the Minister must first

consider any reasons given by the Slot Manager for its refusal or

failure.

(3) The Minister's power under this section to request an amendment

of the draft scheme, or to amend the draft scheme, may be

exercised even if the scheme is already consistent with section 32.

Note:

For example, the Minister may request or make an amendment of the

draft scheme because he or she considers that a matter could be dealt

with in a more appropriate way and still be consistent with section 32.

The Slot Management Scheme

Part 5

Development and amendment of Scheme

Division 2

Section 37

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

37 Consultation about scheme

(1) Before approving the draft scheme (as originally developed or as

amended by the Slot Manager or the Minister), the Minister must,

by notifiable instrument, publish a notice:

(a) stating that the Minister is considering approving the draft

scheme; and

(b) setting out the draft scheme in full; and

of the following subparagraphs to give the Minister a written

submission about the draft scheme within 30 days after the

publication of the notice:

(i) the operator of Brisbane Airport;

(ii) Airservices Australia;

(iii) the Civil Aviation Safety Authority;

(iv) persons who represent the interests of all of the aircraft

operators who use Brisbane Airport to operate

scheduled air services;

(v) persons who represent the interests of communities in

South-East Queensland.

(2) If a person gives the Minister a written submission in accordance

with the notice, the Minister must have due regard to the

submission in deciding whether to approve the draft scheme.

(3) Subsection (2) does not, by implication, limit the matters to which

the Minister may have regard.

Note:

See also section 17 (consultation) of the

Legislation Act 2003

38 Approval of scheme

(1) The Minister may, in writing, approve the draft scheme (as

originally developed or as amended by the Slot Manager or the

Minister) if, and only if, the Minister is satisfied that the scheme is

consistent with section 32.

(2) If the Minister approves the draft scheme, the Minister must, by

legislative instrument, determine that the Slot Management

Part 5

The Slot Management Scheme

Division 2

Development and amendment of Scheme

Section 39

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Scheme for Brisbane Airport is the scheme that has been approved.

The determination must:

(a) set out the scheme in full; and

(b) specify the day on which the scheme is to come into force as

the Slot Management Scheme.

39 When Slot Management Scheme comes into force

The scheme set out in a determination under subsection 38(2)

comes into force as the Slot Management Scheme on the day

specified in accordance with paragraph 38(2)(b).

Subdivision B--Amendment

40 Slot Manager may develop amendments of Slot Management

Scheme and submit them for approval

The Slot Manager may develop amendments of the Slot

Management Scheme and submit them to the Minister for

approval.

41 Minister's power to request or develop amendments

(1) The Minister may request the Slot Manager to develop an

amendment of the Slot Management Scheme to address a particular

issue identified by the Minister and to submit the amendment to the

Minister for approval.

(2) If the Slot Manager refuses or fails to comply with the request to

the satisfaction of the Minister within 14 days of the request being

made, or within such longer period as the Minister determines, the

Minister may develop an amendment of the Scheme to address the

issue identified in the request. Before doing so, the Minister must

first consider any reasons given by the Slot Manager for its refusal

or failure.

(3) The Minister's power under this section to request an amendment

of the Scheme, or to develop an amendment of the Scheme, may be

exercised even if the Scheme already complies with section 32.

The Slot Management Scheme

Part 5

Development and amendment of Scheme

Division 2

Section 42

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Note:

For example, the Minister may request or develop an amendment of

the Scheme because he or she considers that a matter could be dealt

with in a more appropriate way and still be consistent with section 32.

42 Consultation about amendments

(1) Before approving an amendment of the Slot Management Scheme

(being an amendment developed by the Slot Manager or the

Minister), the Minister must, by notifiable instrument, publish a

notice:

(a) stating that the Minister is considering approving the

amendment; and

(b) setting out the amendment; and

of the following subparagraphs to give the Minister a written

submission about the amendment within 30 days after the

publication of the notice:

(i) the operator of Brisbane Airport;

(ii) Airservices Australia;

(iii) the Civil Aviation Safety Authority;

(iv) persons who represent the interests of all of the aircraft

operators who use Brisbane Airport to operate

scheduled air services;

(v) persons who represent the interests of communities in

South-East Queensland.

(2) If a person gives the Minister a written submission in accordance

with the notice, the Minister must have due regard to the

submission in deciding whether to approve the amendment.

(3) Subsection (2) does not, by implication, limit the matters to which

the Minister may have regard.

Note:

See also section 17 (consultation) of the

Legislation Act 2003

43 Approval of amendments

(1) The Minister may, in writing, approve an amendment of the Slot

Management Scheme (being an amendment developed by the Slot

Manager or the Minister) if, and only if, the Minister is satisfied

Part 5

The Slot Management Scheme

Division 2

Development and amendment of Scheme

Section 44

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

that the Scheme as proposed to be amended would be consistent

with section 32.

(2) If the Minister approves an amendment of the Slot Management

Scheme, the Minister must, by legislative instrument, determine

that the Slot Management Scheme is amended by the amendment

that has been approved. The determination must:

(a) set out the amendment in full; and

(b) specify the day on which the amendment is to come into

force.

44 When an amendment comes into force

The amendment set out in a determination under subsection 43(2)

comes into force on the day specified in accordance with

paragraph 43(2)(b).

The Slot Management Scheme

Part 5

Powers of Minister and Compliance Committee in relation to slot allocation

Division 3

Section 45

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Division 3--Powers of Minister and Compliance

Committee in relation to slot allocation

45 Minister's powers

(1) The Minister may, in writing, direct the Slot Manager:

(a) to vary, suspend or cancel slots that have been allocated

under the Slot Management Scheme as specified in the

direction; or

(b) to exercise the power to issue slots under the Scheme subject

to limitations specified in the direction.

The direction does not have to be consistent with the Slot

Management Scheme.

(2) The Slot Manager, and each person authorised under provisions of

the Scheme referred to in subsection 32(5), must comply with a

direction by the Minister, and has such power as is necessary to

comply with the direction, despite the provisions of the Slot

Management Scheme.

(3) A direction by the Minister must be consistent with the maximum

movement limit for aircraft movements.

(4) The Minister is not to be taken, for the purposes of the

Corporations Act 2001

, to be a director of a company that is the

Slot Manager because of the powers in relation to the Slot Manager

that are conferred on the Minister by this section.

(5) The Minister must, in relation to each direction:

(a) include in the direction a statement of the reasons for giving

the direction; and

(b) cause a copy of the direction to be tabled in each House of

the Parliament not later than 6 sitting days of that House after

the day on which the direction is given

(6) A direction is not to be taken to be a legislative instrument.

Part 5

The Slot Management Scheme

Division 3

Powers of Minister and Compliance Committee in relation to slot allocation

Section 46

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

46 Compliance Committee's powers

(1) The Compliance Committee may, in writing, recommend to the

Slot Manager that the Slot Manager should vary, suspend or cancel

slots that have been allocated under the Slot Management Scheme

as specified in the recommendation.

(2) The Slot Manager is to have regard to the recommendation, but is

not required to comply with it. Any actions the Slot Manager takes

in complying with the recommendation must be in accordance with

the Slot Management Scheme.

The Compliance Scheme

Part 6

Framework within which Scheme to be developed and to operate

Division 1

Section 47

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Part 6--The Compliance Scheme

Division 1--Framework within which Scheme to be

developed and to operate

47 The Scheme and its basic purpose

(1) There is to be a scheme, known as the

Compliance Scheme

, for

Brisbane Airport.

(2) The basic purpose of the Scheme is to provide for various matters

relating to compliance with the requirements of Part 4.

48 Contents of Scheme

(1) The Compliance Scheme must identify the circumstances in which

gate movements are taken to be off-slot movements for the

purposes of this Act.

(2) The Scheme must identify:

(a) the circumstances in which it is appropriate to issue an

infringement notice to a person for a contravention of a civil

penalty provision, and the circumstances in which it is not

appropriate to do so; and

(b) the circumstances in which it is appropriate to withdraw an

infringement notice that has been issued, and the

circumstances in which it is not appropriate to do so.

(3) The Scheme must specify:

(a) the rates of fines that may be specified in infringement

notices; and

(b) the circumstances to which the different rates apply.

(4) The Scheme may contain a mechanism for the reconsideration of

decisions made under the Scheme, or of decisions made by the

Compliance Committee for the purposes of this Act.

(5) The Scheme may contain other provisions relating to the

performance of the Compliance Committee's functions under this

Act.

Part 6

The Compliance Scheme

Division 1

Framework within which Scheme to be developed and to operate

Section 49

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

(7) The Scheme must be consistent with the additional requirements (if

any) specified in the regulations.

(8) The Scheme must be consistent with the additional requirements (if

any) specified in determinations in force under section 49.

49 Minister's power to determine additional requirements

(1) The Minister may, by legislative instrument, determine additional

requirements with which the Compliance Scheme must be

consistent.

(2) Before making a determination under subsection (1), the Minister

must consult the Compliance Committee about the proposed

determination. This requirement does not apply to the Minister

making a determination before the Compliance Committee has

been appointed.

50 Consequence of Scheme not being consistent with section 48

Inconsistency with section 48 does not affect the validity of the

Compliance Scheme. However, if the Minister becomes aware that

the Scheme is inconsistent with that section, the Minister is to take

action under Division 2 to have the Scheme amended, as soon as

possible, so that it is consistent with that section.

The Compliance Scheme

Part 6

Development and amendment of Scheme

Division 2

Section 51

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Division 2--Development and amendment of Scheme

Subdivision A--Development

51 Compliance Committee to develop compliance scheme and

submit it for approval

(1) The Compliance Committee is to develop a compliance scheme

(the

draft scheme

) for Brisbane Airport that is consistent with

section 48.

(2) The draft scheme is to be submitted to the Minister for approval.

(3) The Minister may require the Compliance Committee to develop

and submit the draft scheme by a time determined by the Minister.

52 Minister's power to request or make amendments

(1) The Minister may request the Compliance Committee to amend the

draft scheme to address a particular issue identified by the Minister

and to resubmit the amended draft scheme for approval.

(2) If the Compliance Committee refuses or fails to comply with the

request to the satisfaction of the Minister within 14 days of the

request being made, or within such longer period as the Minister

determines, the Minister may amend the draft scheme to address

the issue identified in the request. Before doing so, the Minister

must first consider any reasons given by the Compliance

Committee for its refusal or failure.

(3) The Minister's power under this section to request an amendment

of the draft scheme, or to amend the draft scheme, may be

exercised even if the scheme is already consistent with section 48.

Note:

For example, the Minister may request or make an amendment of the

draft scheme because he or she considers that a matter could be dealt

with in a more appropriate way and still be consistent with section 48.

53 Approval of scheme

(1) The Minister may, in writing, approve the draft scheme (as

originally developed or as amended by the Compliance Committee

Part 6

The Compliance Scheme

Division 2

Development and amendment of Scheme

Section 54

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

or the Minister) if, and only if, the Minister is satisfied that the

scheme is consistent with section 48.

(2) If the Minister approves the draft scheme, the Minister must, by

legislative instrument, determine that the Compliance Scheme for

Brisbane Airport is the scheme that has been approved. The

determination must:

(a) set out the scheme in full; and

(b) specify the day on which the scheme is to come into force as

the Compliance Scheme.

54 When Compliance Scheme comes into force

The scheme set out in a determination under subsection 53(2)

comes into force as the Compliance Scheme on the day specified in

accordance with paragraph 53(2)(b).

Subdivision B--Amendment

55 Compliance Committee may develop amendments of Compliance

Scheme and submit them for approval

The Compliance Committee may develop amendments of the

Compliance Scheme and submit them to the Minister for approval.

56 Minister's power to request or develop amendments

(1) The Minister may request the Compliance Committee to develop

an amendment of the Compliance Scheme to address a particular

issue identified by the Minister and to submit the amendment to the

Minister for approval.

(2) If the Compliance Committee refuses or fails to comply with the

request to the satisfaction of the Minister within 14 days of the

request being made, or within such longer period as the Minister

determines, the Minister may develop an amendment of the

Scheme to address the issue identified in the request. Before doing

so, the Minister must first consider any reasons given by the

Compliance Committee for its refusal or failure.

The Compliance Scheme

Part 6

Development and amendment of Scheme

Division 2

Section 57

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

(3) The Minister's power under this section to request an amendment

of the Scheme, or to develop an amendment of the Scheme, may be

exercised even if the Scheme already complies with section 48.

Note:

For example, the Minister may request or develop an amendment of

the Scheme because he or she considers that a matter could be dealt

with in a more appropriate way and still be consistent with section 48.

57 Approval of amendments

(1) The Minister may, in writing, approve an amendment of the

Compliance Scheme (being an amendment developed by the

Compliance Committee or the Minister) if, and only if, the

Minister is satisfied that the Scheme as proposed to be amended

would be consistent with section 48.

(2) If the Minister approves an amendment of the Compliance Scheme,

the Minister must, by legislative instrument, determine that the

Compliance Scheme is amended by the amendment that has been

approved. The determination must:

(a) set out the amendment in full; and

(b) specify the day on which the amendment is to come into

force.

58 When an amendment comes into force

The amendment set out in a determination under subsection 57(2)

comes into force on the day specified in accordance with

paragraph 57(2)(b).

Part 6

The Compliance Scheme

Division 3

Modification of Scheme in exceptional circumstances

Section 59

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Division 3--Modification of Scheme in exceptional

circumstances

59 Minister's power to determine modifications

(1) The Minister may, in writing, determine that the Compliance

Scheme has effect subject to specified modifications during a

specified period if the Minister considers that there are exceptional

circumstances justifying the making of the determination.

(2) During the period specified in a determination under

subsection (1), the Compliance Scheme has effect subject to the

modifications specified in the determination.

(3) The Minister must, in relation to each determination under

subsection (1):

(a) include in the determination a statement of the reasons for

making the determination; and

(b) cause a copy of the determination to be given to the

Compliance Committee as soon as practicable after the day

on which the determination is made.

Note:

A copy of the determination will also have to be laid before each

House of the Parliament (see section 38 of the

Legislation Act 2003

(4) Modifications specified in a determination under subsection (1) do

not have to be consistent with section 48.

(5) A determination under subsection (1) is a legislative instrument,

but section 42 (disallowance) of the

Legislation Act 2003

does not

apply to the determination.

(6) In this section:

modifications

includes additions, omissions and substitutions.

The Slot Manager

Part 7

Section 60

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Part 7--The Slot Manager

60 The Slot Manager

(1) There is to be a Slot Manager for Brisbane Airport.

(2) The functions of the Slot Manager are:

(a) to develop, administer and amend the Slot Management

Scheme; and

(b) such other functions as are conferred on the Slot Manager by

this Act, the regulations, the Slot Management Scheme or the

Compliance Scheme.

61 Appointment of Slot Manager

(1) The Minister may, in writing, appoint a body corporate (including

a company incorporated under the

Corporations Act 2001

) to be

the Slot Manager.

(2) The appointment is to be for a specified period not exceeding 3

years.

(3) The body corporate must be one that the Minister considers has,

through its members or employees, a good understanding of:

(a) aviation generally; and

(b) the issues involved in slot allocation processes, including:

(i) flight noise abatement; and

(ii) community impacts.

62 The legal position of the Slot Manager

Appointment as Slot Manager does not confer separate legal

personality

(1) The appointment of a body corporate to be the Slot Manager does

not confer on the body corporate a legal personality that is separate

from the legal personality it already has as a body corporate.

Part 7

The Slot Manager

Section 62

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

How legal proceedings taken by or against Slot Manager

(2) Legal proceedings by or against the Slot Manager are to be taken

by or against the body corporate that is the Slot Manager in that

body corporate's own name.

Slot Manager not a Commonwealth authority etc.

(3) Subject to subsections (4) and (5), the body corporate that is the

Slot Manager is not to be taken, merely because it holds that office:

(a) to be the Commonwealth or a Commonwealth authority; or

(b) to be established for a public purpose or for a purpose of the

Commonwealth; or

officer; or

(d) to be a public authority or an agency or instrumentality of the

Crown;

(within the ordinary meaning of the expression concerned) for the

purposes of a law unless a law, or regulations for the purposes of

this section, expressly provide otherwise.

(4) For the purposes of sections 134.1, 134.2, 135.1 and 135.2 of the

Criminal Code

, the Slot Manager is to be taken to be a

Commonwealth entity.

(5) For the purposes of sections 141.1, 142.1, 142.2, 148.1 and 148.2

of the

Criminal Code

, the following persons are to be taken to be

Commonwealth public officials:

(a) the Slot Manager;

(b) the employees and agents of the Slot Manager;

Scheme referred to in subsection 32(5).

Definitions

(6) In this section:

law

means:

(a) an Act of the Commonwealth or of a State or Territory; or

(b) regulations or any other instrument made under such an Act.

The Slot Manager

Part 7

Section 63

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

63 Termination of appointment

The Minister may, in writing, terminate the appointment of a body

corporate as the Slot Manager at any time for any reason.

64 Protection of Slot Manager etc. from legal actions

(1) No action lies against the Slot Manager, or against an employee or

agent of the Slot Manager acting in the course of that person's

employment or agency, for or in respect of any loss or damage

caused by the Slot Manager, or the employee or agent, doing

something that is within the Slot Manager's functions.

(2) Subsection (1) does not cover loss or damage that is wilfully or

negligently caused by the Slot Manager or by the employee or

agent.

(3) In this section:

(a) a reference to the Slot Manager includes a reference to a

person who is a member of the body corporate that is the Slot

Manager; and

(b) a reference to an agent of the Slot Manager acting in the

course of that agency includes a reference to a person

authorised under provisions of the Slot Management Scheme

referred to in subsection 32(5) acting in the course of that

authority.

65 Change of Slot Manager

The regulations may make provision for matters relating to one

body corporate ceasing to be the Slot Manager and another body

corporate becoming the Slot Manager, including:

(a) the continued effect of things done by the previous Slot

Manager; and

(b) the substitution of parties to legal proceedings by or against

the previous Slot Manager; and

Part 8

The Compliance Committee

Section 66

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Part 8--The Compliance Committee

66 The Compliance Committee

(1) There is to be a Compliance Committee for Brisbane Airport.

(2) The functions of the Committee are:

(a) to develop, administer and amend the Compliance Scheme;

and

(b) such other functions as are conferred on the Compliance

Committee by this Act, the regulations, the Compliance

Scheme or the Slot Management Scheme.

(3) The members of the Committee are to be appointed by the

Minister.

67 Regulations may deal with appointment and other matters

The regulations may deal with:

(a) matters relating to the appointment of members of the

Compliance Committee, including (but not limited to):

(i) how many members may be appointed; and

(ii) requirements (if any) as to who may be appointed; and

(iii) the duration of appointments and the terms and

conditions of appointments; and

(iv) the termination of appointments; and

(b) matters relating to the operations of the Compliance

Committee.

68 The legal position of the Compliance Committee

(1) The Compliance Committee, or a member of the Compliance

Committee acting as such a member, is not to be taken:

(a) to be the Commonwealth or a Commonwealth authority; or

(b) to be established for a public purpose or for a purpose of the

Commonwealth; or

officer; or

The Compliance Committee

Part 8

Section 69

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

(d) to be a public authority or an agency or instrumentality of the

Crown;

(within the ordinary meaning of the expression concerned) for the

purposes of a law unless a law, or regulations for the purposes of

this section, expressly provide otherwise.

(2) In this section:

law

means:

(a) an Act of the Commonwealth or of a State or Territory; or

(b) regulations or any other instrument made under such an Act.

69 Protection of Compliance Committee from legal actions

(1) No action lies against the Compliance Committee for or in respect

of any loss or damage caused by the Compliance Committee doing

something that is within the Compliance Committee's functions.

(2) Subsection (1) does not cover loss or damage that is wilfully or

negligently caused by the Compliance Committee.

(3) In this section, a reference to the Compliance Committee includes

a reference to a member of the Compliance Committee acting as

such a member.

Part 9

The Long Term Operating Plan

Section 70

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Part 9--The Long Term Operating Plan

70 The Long Term Operating Plan

(1) The Minister must cause a long term operating plan for Brisbane

Airport to be developed.

(2) The plan must deal with the management of aircraft movements

and airspace at Brisbane Airport, including:

(a) flight noise abatement; and

(b) community impact; and

(3) Development of the plan must involve:

(a) a review of current operating procedures and airspace

management at Brisbane airport; and

(b) consultation with:

(i) the operator of Brisbane Airport; and

(ii) Airservices Australia; and

(iii) communities in South-East Queensland; and

(iv) other relevant stakeholders; and

and land over Moreton Bay to minimise noise and

disturbance for Brisbane residents.

(4) The Minister must cause a copy of the plan to be tabled in each

House of the Parliament on or before the first sitting day of that

House occurring 12 months or more after the commencement of

this section.

(5) The Minister must take all reasonable steps to ensure that the plan

is implemented (for example, by directing Airservices Australia

under subsection 16(1) of the

Air Services Act 1995

to implement

the plan).

Miscellaneous

Part 10

Section 71

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Part 10--Miscellaneous

71 Minister to consult

(1) The consultation procedures set out in Schedule 1 apply if the

Minister proposes to introduce a Bill for an Act that amends this

Act into a House of the Parliament.

(2) If the Minister introduces a Bill for an Act that amends this Act

into a House of the Parliament, the Minister must also table in that

House a report setting out what consultation has taken place.

72 Civil penalties

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the Slot

manager is an authorised applicant in relation to a civil penalty

provisions of this Act.

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, the

Federal Court is a relevant court in relation to a civil penalty

provision of this Act.

Extension to external Territories etc.

(4) Part 4 of the Regulatory Powers Act, as it applies in relation to a

civil penalty provision in this Act, extends to:

(a) every external Territory; and

(b) acts, omissions, matters and things outside Australia.

Part 10

Miscellaneous

Section 73

Brisbane Airport Curfew and Demand Management Bill 2022

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73 Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Act is subject to an infringement

notice under Part 5 of the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, the Slot

Manager is an infringement officer in relation to the provisions

mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the Slot

Manager is the relevant chief executive in relation to the provisions

mentioned in subsection (1).

Role of Compliance Committee

(4) The Slot Manager must only exercise the powers it has under

Part 5 of the Regulatory Powers Act in accordance with the

Compliance Scheme.

Extension to external Territories etc.

(5) Part 5 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to:

(a) every external Territory; and

(b) acts, omissions, matters and things outside Australia.

74 Conduct by directors, employees and agents

(1) If, in proceedings for an offence against this Act, it is necessary to

prove the state of mind of a body corporate in relation to particular

conduct, it is enough to show:

Miscellaneous

Part 10

Section 74

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

(a) that the conduct was engaged in by a director, employee or

agent of the body corporate within the scope of his or her

actual or apparent authority; and

(b) that the director, employee or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a

director, employee, or agent of the body corporate within the scope

of his or her actual or apparent authority is taken, for the purposes

of a prosecution for an offence against this Act, to have been

engaged in also by the body corporate unless the body corporate

proves that the body corporate took reasonable precautions and

exercised due diligence to avoid the conduct.

(3) If, in proceedings for an offence against this Act, it is necessary to

establish the state of mind of an individual in relation to particular

conduct, it is enough to show:

(a) that the conduct was engaged in by an employee or agent of

the individual within the scope of his or her actual or

apparent authority; and

(b) that the employee or agent had the state of mind.

(4) Any conduct engaged in on behalf of an individual by an employee

or agent of the individual within the scope of his or her actual or

apparent authority is taken, for the purposes of a prosecution for an

offence against this Act, to have been engaged in also by the

individual, unless the individual proves that he or she took

reasonable precautions and exercised due diligence to avoid the

conduct.

(5) In this section:

director

, in relation to a body that:

(a) is incorporated for a public purpose by a law of the

Commonwealth, of a State or of a Territory; and

(b) is constituted by one or more members;

means the member, or any of the members, constituting the body.

engage in conduct

includes fail or refuse to engage in conduct.

offence against this Act

includes the following:

Part 10

Miscellaneous

Section 75

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(a) an offence against section 6 of the

Crimes Act 1914

that

relates to an offence against this Act;

(b) an offence against section 11.1, 11.4 or 11.5 of the

Criminal

Code

state of mind

, in relation to a person, includes:

(a) the person's knowledge, intention, opinion, belief or purpose;

and

(b) the person's reasons for the intention, opinion, belief or

purpose.

75 Evidentiary certificates

(1) A certificate by the body corporate that is, when the certificate is

made, the Slot Manager and that states:

(a) that a specified gate movement occurred; and

(b) that the movement was a no-slot movement or an off-slot

movement; and

no-slot movement or an off-slot movement;

is, for the purposes of proceedings under this Act, prima facie

evidence of the matters stated in it (including at a time after the

body corporate has ceased to be the Slot Manager).

(2) A certificate must:

(a) be in writing; and

(b) be either:

(i) under the seal of the body corporate; or

(ii) signed by a director, or other equivalent officer, of the

body corporate on behalf of the body corporate.

76 Part IIIA of the Competition and Consumer Act 2010 to be subject

to this Act

Part IIIA of the

Competition and Consumer Act 2010

has effect

subject to this Act.

Miscellaneous

Part 10

Section 77

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

77 Delegation

(1) The Minister may, in writing, delegate the Minister's powers to

grant dispensations under section 16 to:

(a) the Secretary of the Department; or

(b) an APS employee in the Department; or

(2) The Minister may, in writing, delegate to:

(a) the Secretary of the Department; or

(b) an SES employee, or acting SES employee, in the

Department;

all or any of the following powers:

determinations in relation to amendments of the Slot

Management Scheme;

(d) the power under section 57 to give approvals and make

determinations in relation to amendments of the Compliance

Scheme;

(e) the power under subsection 66(3) to make appointments to

the Compliance Committee.

78 Regulations

(1) The Governor-General may make regulations, not inconsistent with

this Act, prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient for carrying out or giving effect to

this Act.

(2) Without limiting subsection (1), the regulations may:

(a) provide for the Slot Manager and the Compliance Committee

to report on specified matters; and

(b) provide for the review of decisions made under this Act, the

Slot Management Scheme or the Compliance Scheme; and

this Act:

Part 10

Miscellaneous

Section 78

Brisbane Airport Curfew and Demand Management Bill 2022

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(i) between the Slot Manager and the Compliance

Committee; and

(ii) to the Slot Manager or the Compliance Committee by

Airservices Australia or by other persons; and

(d) prescribe penalties, not exceeding 50 penalty units, for

offences against the regulations.

Consultation procedures

Schedule 1

Section 1

No. , 2022

Brisbane Airport Curfew and Demand Management Bill 2022

Schedule 1--Consultation procedures

Note:

See sections 16 and 71.

1 Schedule sets out consultation procedures

Clauses 3 to 6 of this Schedule set out the consultation procedures

that apply if:

(a) the Minister proposes to make guidelines under

subsection 16(5) of this Act; or

(b) the Minister proposes to introduce a Bill for an Act that

amends this Act into a House of the Parliament.

2 Minister may determine that a body or organisation represents

those likely to be affected

The Minister may, by notifiable instrument, determine that a

specified body or organisation sufficiently represents the interests

of those likely to be affected by proposed actions to which

clauses 3 to 6 apply.

3 Minister must prepare a written proposal

The Minister must prepare a written proposal containing:

(a) a summary of the action that the Minister is proposing to

take; and

(b) a statement of the reasons for that proposed action; and

Government and to the affected public of that proposed

action.

4 Public to be invited to make submissions

The Minister must, by notifiable instrument, publish a notice:

(a) stating that the Minister intends to take the proposed action;

and

(b) describing the manner in which copies of the written proposal

can be obtained or inspected; and

Schedule 1

Consultation procedures

Section 5

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

proposal and indicating the period within which (not being

less than 42 days after the notice is published), and the place

at which, written submissions may be made.

5 Body or organisations specified under clause 2 to be consulted

If a notice specifying a body or organisation under clause 2 is in

force, the Minister must:

(a) give a copy of the written proposal to the body or

organisation; and

(b) invite the body or organisation to make written submissions

on the proposal and indicate the period within which (not

being less than 42 days after receipt of the written proposal),

and the place at which, written submissions may be made.

6 Submissions

Publication of submissions

(1) The Minister must cause to be published on the Department's

website any submissions received within the periods specified as

required by paragraphs 4(c) and 5(b).

(2) However, a particular submission made by a person must not be

published under subclause (1) if the person has requested the

Minister not to publish the submission on the ground that

publication of the submission could reasonably be expected to

substantially prejudice the commercial interests of the person or

another person.

(3) A request under subclause (2) must be in writing.

Consideration of submissions

(4) The Minister must consider all written submissions received within

the periods specified as required by paragraphs 4(c) and 5(b)

before taking the action to which the submissions relate.

Schedule 2

Amendments

Brisbane Airport Curfew and Demand Management Bill 2022

No. , 2022

Schedule 2--Amendments

Airports Act 1996

1 Paragraph 194(1)(a)

Before "Sydney (Kingsford-Smith) Airport", insert "Brisbane Airport

or".

2 Subsection 194(1) (before the note)

Insert:

Note 1:

Demand management in relation to Brisbane Airport is dealt with in

the

Brisbane Airport Curfew and Demand Management Act 2022

3 Subsection 194(1) (note)

After "Note", insert "2".

4 Division 8 of Part 13 (heading)

Before "

Sydney Airport Curfew Act

", insert "

Brisbane Airport

Curfew Act,

5 Section 210

Before "the

Sydney Airport Curfew Act 1995

", insert "the

Brisbane

Airport Curfew and Demand Management Act 2022

and".

National Emergency Declaration Act 2020

6 Section 10 (after paragraph (g) of the definition of national

emergency law)

Insert:

(ga) section 14 of the

Brisbane Airport Curfew and Demand

Management Act 2022

;

Commonwealth of Australia Bills

BRISBANE AIRPORT CURFEW AND DEMAND MANAGEMENT BILL 2022