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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Brisbane Airport Curfew and Demand
Management Bill 2023
No. , 2023
(Ms Watson-Brown)
A Bill for an Act to impose a curfew and related
restrictions on aircraft movements at Brisbane
Airport, and for related purposes
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
i
Contents
Part 1--Preliminary
1
1
Short title .............................................................................. 1
2
Commencement .................................................................... 2
3
Definitions ............................................................................ 2
4
Disapplying Part 2.5 of
Criminal Code
................................ 5
5
Time is legal time in Queensland ......................................... 5
6
Crown to be bound ............................................................... 5
7
Extra-territorial operation ..................................................... 5
8
Schedule 2 ............................................................................ 5
Part 2--The curfew
6
Division 1--The curfew
6
9
Curfew periods ..................................................................... 6
10
Prohibition on taking off or landing during curfew periods .. 6
11
Use of reverse thrust during curfew periods ......................... 6
12
Missed approaches during curfew periods ............................ 7
Division 2--Exceptions
9
13
Regulations ........................................................................... 9
14
Aircraft may take off or land in emergencies or if Minister
grants dispensation ............................................................... 9
15
Emergencies ......................................................................... 9
16
Dispensations in exceptional circumstances ....................... 10
Division 3--Provision of information
11
17
Authorised person may require the provision of information
............................................................................................ 11
Part 3--The maximum aircraft movement limit
12
18
Maximum movement limit ................................................. 12
19
Minister's power to determine a lower maximum movement
limit .................................................................................... 12
20
Consultation about determination of lower maximum
movement limit ................................................................... 13
21
Airservices Australia to monitor compliance with maximum
movement limit and to report to Minister ........................... 14
Part 4--Unauthorised gate movements
16
Division 1--Unauthorised gate movements
16
22
Gate movements to which this Part applies ........................ 16
23
Meaning of
no-slot movement
and
off-slot movement
......... 17
ii
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
24
Prohibition on no-slot movements ...................................... 18
25
Prohibition on off-slot movements ..................................... 18
Division 2--Exceptions
19
26
Aircraft may make gate movements in emergencies or if Slot
Manager grants dispensation .............................................. 19
27
Emergencies ....................................................................... 19
28
Dispensations in exceptional circumstances ....................... 19
29
State aircraft ....................................................................... 20
Part 5--The Slot Management Scheme
21
Division 1--Framework within which Scheme to be developed
and to operate
21
30
The Scheme and its basic purpose ...................................... 21
31
The concept of a slot ........................................................... 21
32
Contents of Scheme ............................................................ 21
33
Minister's power to determine additional requirements ..... 23
34
Consequence of Scheme not being consistent with section 32
............................................................................................ 23
Division 2--Development and amendment of Scheme
24
Subdivision A--Development
24
35
Slot Manager to develop slot management scheme and
submit it for approval ......................................................... 24
36
Minister's power to request or make amendments ............. 24
37
Consultation about scheme ................................................. 25
38
Approval of scheme ............................................................ 25
39
When Slot Management Scheme comes into force............. 26
Subdivision B--Amendment
26
40
Slot Manager may develop amendments of Slot Management
Scheme and submit them for approval................................ 26
41
Minister's power to request or develop amendments ......... 26
42
Consultation about amendments ......................................... 27
43
Approval of amendments .................................................... 27
44
When an amendment comes into force ............................... 28
Division 3--Powers of Minister and Compliance Committee in
relation to slot allocation
29
45
Minister's powers ............................................................... 29
46
Compliance Committee's powers ....................................... 30
Part 6--The Compliance Scheme
31
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
iii
Division 1--Framework within which Scheme to be developed
and to operate
31
47
The Scheme and its basic purpose ...................................... 31
48
Contents of Scheme ............................................................ 31
49
Minister's power to determine additional requirements ..... 32
50
Consequence of Scheme not being consistent with section 48
............................................................................................ 32
Division 2--Development and amendment of Scheme
33
Subdivision A--Development
33
51
Compliance Committee to develop compliance scheme and
submit it for approval ......................................................... 33
52
Minister's power to request or make amendments ............. 33
53
Approval of scheme ............................................................ 34
54
When Compliance Scheme comes into force ..................... 34
Subdivision B--Amendment
34
55
Compliance Committee may develop amendments of
Compliance Scheme and submit them for approval ........... 34
56
Minister's power to request or develop amendments ......... 34
57
Approval of amendments .................................................... 35
58
When an amendment comes into force ............................... 35
Division 3--Modification of Scheme in exceptional
circumstances
36
59
Minister's power to determine modifications ..................... 36
Part 7--The Slot Manager
37
60
The Slot Manager ............................................................... 37
61
Appointment of Slot Manager ............................................ 37
62
The legal position of the Slot Manager ............................... 37
63
Termination of appointment ............................................... 39
64
Protection of Slot Manager etc. from legal actions ............. 39
65
Change of Slot Manager ..................................................... 39
Part 8--The Compliance Committee
40
66
The Compliance Committee ............................................... 40
67
Regulations may deal with appointment and other matters 40
68
The legal position of the Compliance Committee............... 40
69
Protection of Compliance Committee from legal actions ... 41
Part 9--The Long Term Operating Plan
42
70
The Long Term Operating Plan .......................................... 42
iv
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Part 10--Miscellaneous
43
71
Minister to consult .............................................................. 43
72
Civil penalties ..................................................................... 43
73
Infringement notices ........................................................... 44
74
Conduct by directors, employees and agents ...................... 44
75
Evidentiary certificates ....................................................... 46
76
Part IIIA of the
Competition and Consumer Act 2010
to be
subject to this Act ............................................................... 46
77
Delegation .......................................................................... 47
78
Regulations ......................................................................... 47
Schedule 1--Consultation procedures
49
1
Schedule sets out consultation procedures .......................... 49
2
Minister may determine that a body or organisation
represents those likely to be affected .................................. 49
3
Minister must prepare a written proposal ........................... 49
4
Public to be invited to make submissions ........................... 49
5
Body or organisations specified under clause 2 to be
consulted ............................................................................. 50
6
Submissions ........................................................................ 50
7
Failure to comply does not invalidate ................................. 51
Schedule 2--Amendments
52
Airports Act 1996
52
National Emergency Declaration Act 2020
52
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
1
A Bill for an Act to impose a curfew and related
1
restrictions on aircraft movements at Brisbane
2
Airport, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
Brisbane Airport Curfew and Demand Management
8
Act 2023
.
9
Part 1
Preliminary
Section 2
2
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
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
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
In this Act:
14
aircraft
means any machine or craft that can derive support in the
15
atmosphere from the reactions of the air.
16
aircraft movement
means:
17
(a) the landing of an aircraft on a runway; or
18
(b) the taking off of an aircraft from a runway.
19
associated
: an aircraft movement and a gate movement are
20
associated
if:
21
Preliminary
Part 1
Section 3
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
3
(a) for an aircraft movement that is a take-off--the gate
1
movement is the last gate movement of the aircraft before the
2
take-off; or
3
(b) for an aircraft movement that is a landing--the gate
4
movement is the first gate movement of the aircraft after the
5
landing.
6
Australia
, when used in a geographical sense, includes the external
7
Territories.
8
authorised person
means:
9
(a) the Secretary of the Department; or
10
(b) a person appointed in writing by the Secretary to be an
11
authorised person for the purposes of this Act; or
12
(c) a person included in a class of persons appointed in writing
13
by the Secretary to be authorised persons for the purposes of
14
this Act.
15
Brisbane Airport
means the airport known as Brisbane Airport.
16
civil penalty provision
has the same meaning as in the Regulatory
17
Powers Act.
18
Compliance Committee
means the Committee appointed in
19
accordance with regulations for the purposes of section 67.
20
Compliance Scheme
means the scheme set out in a determination
21
under subsection 53(2), as that scheme is amended from time to
22
time and as it has effect subject to any determinations under
23
subsection 59(1).
24
curfew period
has the meaning given by section 9.
25
engage in conduct
means:
26
(a) do an act; or
27
(b) omit to perform an act.
28
Federal Court
means the Federal Court of Australia.
29
gate movement
means:
30
Part 1
Preliminary
Section 3
4
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(a) the first movement of an aircraft after its external doors have
1
been closed in preparation for an aircraft movement that is a
2
take-off; or
3
(b) the last movement of an aircraft immediately before the
4
moment when, after an aircraft movement that is a landing, it
5
comes to a standstill and the engines are turned off.
6
infringement notice
has the same meaning as in the Regulatory
7
Powers Act.
8
land
--an aircraft lands when it touches the ground.
9
maximum movement limit
has the meaning given by
10
subsection 18(1).
11
operator
of an aircraft:
12
(a) in Part 2--means a person who conducts an aircraft operation
13
using the aircraft; and
14
(b) other than in Part 2--means the person who, when a gate
15
movement using the aircraft occurs, is:
16
(i) unless subparagraph (ii) applies--the owner of the
17
aircraft; or
18
(ii) if the aircraft is under a lease at the time of the
19
movement--the lessee of the aircraft.
20
Regulatory Powers Act
means the
Regulatory Powers (Standard
21
Provisions) Act 2014
.
22
slot
has the meaning given by subsection 31(1).
23
Slot Management Scheme
means the scheme set out in a
24
determination under subsection 38(2), as that scheme is amended
25
from time to time.
26
Slot Manager
means the body corporate appointed under
27
section 61 to hold the office of Slot Manager.
28
state aircraft
has the meaning given by section 29.
29
take off
--an aircraft takes off when it leaves the ground.
30
Preliminary
Part 1
Section 4
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
5
4 Disapplying Part 2.5 of Criminal Code
1
Part 2.5 of the
Criminal Code
does not apply to an offence against
2
this Act.
3
Note:
Part 2.5 of the Criminal Code deals with corporate criminal
4
responsibility.
5
5 Time is legal time in Queensland
6
References in this Act to time are references to legal time in
7
Queensland.
8
6 Crown to be bound
9
(1) This Act binds the Crown in each of its capacities.
10
(2) This Act does not make the Crown liable to a pecuniary penalty or
11
to be prosecuted for an offence.
12
7 Extra-territorial operation
13
This Act extends to acts, omissions, matters and things outside
14
Australia, whether or not in a foreign country.
15
8 Schedule 2
16
Legislation that is specified in Schedule 2 is amended or repealed
17
as set out in the applicable items in that Schedule, and any other
18
item in that Schedule has effect according to its terms.
19
Part 2
The curfew
Division 1
The curfew
Section 9
6
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Part 2--The curfew
1
Division 1--The curfew
2
9 Curfew periods
3
A curfew period
starts at 10 pm on a day and ends at 6 am on the
4
next day.
5
10 Prohibition on taking off or landing during curfew periods
6
(1) An aircraft must not take off from, or land at, Brisbane Airport
7
during a curfew period, unless the take-off or landing is permitted
8
under Division 2.
9
(2) The operator of an aircraft commits an offence if:
10
(a) the operator engages in conduct; and
11
(b) the operator's conduct results in a contravention of
12
subsection (1).
13
Penalty: 1,000 penalty units.
14
(3) Strict liability applies to paragraph (2)(b).
15
Note:
For
strict liability
, see section 6.1 of the
Criminal Code
.
16
11 Use of reverse thrust during curfew periods
17
(1) If an aircraft lands at Brisbane Airport during a curfew period
18
using reverse thrust greater than idle reverse thrust, the operator of
19
the aircraft must lodge a return in accordance with subsection (4)
20
within 7 days after the landing.
21
(2) The operator of an aircraft commits an offence if:
22
(a) the operator engages in conduct; and
23
(b) the operator's conduct results in a contravention of
24
subsection (1).
25
Penalty: 50 penalty units.
26
(3) Strict liability applies to paragraph (2)(b).
27
The curfew
Part 2
The curfew
Division 1
Section 12
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
7
Note:
For
strict liability
, see section 6.1 of the
Criminal Code
.
1
(4) The return must:
2
(a) state the date and time of the landing; and
3
(b) state the aircraft's registration mark, its operator, and its type;
4
and
5
(c) state the reason why reverse thrust greater than idle reverse
6
thrust was used during the landing; and
7
(d) be lodged by giving the return to an authorised person at a
8
prescribed address.
9
(5) The operator of an aircraft should not plan to land the aircraft at
10
Brisbane Airport during a curfew period if the operator is aware
11
that the landing would require the use of reverse thrust greater than
12
idle reverse thrust.
13
(6) The pilot of an aircraft landing at Brisbane Airport during a curfew
14
period should use only the minimum reverse thrust necessary for a
15
safe landing.
16
12 Missed approaches during curfew periods
17
(1) If an aircraft attempts to land at Brisbane Airport during a curfew
18
period but misses the approach, the operator of the aircraft must
19
lodge a return in accordance with subsection (4) within 7 days after
20
the attempted landing.
21
(2) The operator of an aircraft commits an offence if:
22
(a) the operator engages in conduct; and
23
(b) the operator's conduct results in a contravention of
24
subsection (1).
25
Penalty: 50 penalty units.
26
(3) Strict liability applies to paragraph (2)(b).
27
Note:
For
strict liability
, see section 6.1 of the
Criminal Code
.
28
(4) The return must:
29
(a) state the date and time of the attempted landing; and
30
Part 2
The curfew
Division 1
The curfew
Section 12
8
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(b) state the aircraft's registration mark, its operator, and its type;
1
and
2
(c) state the reasons for missing the approach, including the wind
3
conditions prevailing at the time; and
4
(d) state the downwind limits for landing specified in the
5
aircraft's flight manual; and
6
(e) be lodged by giving the return to an authorised person at a
7
prescribed address.
8
The curfew
Part 2
Exceptions
Division 2
Section 13
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
9
Division 2--Exceptions
1
13 Regulations
2
For the purposes of subsection 10(1), an aircraft may take-off from,
3
or land at Brisbane Airport between 10 pm and midnight, or may
4
land at Brisbane Airport between 5 am and 6 am, in circumstances
5
specified by the regulations (including circumstances involving
6
approval by the Minister or another person).
7
14 Aircraft may take off or land in emergencies or if Minister grants
8
dispensation
9
For the purposes of subsection 10(1), an aircraft may take off from,
10
or land at, Brisbane Airport in circumstances that would otherwise
11
contravene section 10 if:
12
(a) the aircraft is involved in an emergency as described in
13
section 15; or
14
(b) a dispensation granted by the Minister under section 16
15
authorises the take-off or landing and the take-off or landing
16
is in accordance with any conditions of the dispensation; or
17
(c) if a national emergency declaration (within the meaning of
18
the
National Emergency Declaration Act 2020
) is in force--
19
the aircraft is being used for or in connection with the
20
emergency to which the declaration relates.
21
15 Emergencies
22
For the purposes of paragraph 14(a), an aircraft is involved in an
23
emergency if:
24
(a) the aircraft is being used for or in connection with:
25
(i) a search and rescue operation; or
26
(ii) a medical emergency; or
27
(iii) a natural disaster; or
28
(b) the pilot of the aircraft has declared an in-flight emergency;
29
or
30
(c) the aircraft has insufficient fuel to be diverted to another
31
airport; or
32
Part 2
The curfew
Division 2
Exceptions
Section 16
10
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(d) there is an urgent need for the aircraft to land or take off:
1
(i) to ensure the safety or security of the aircraft or any
2
person; or
3
(ii) to avoid damage to property.
4
16 Dispensations in exceptional circumstances
5
(1) The Minister may grant a dispensation authorising an aircraft to
6
take off from, or land at, Brisbane Airport in circumstances that
7
would otherwise contravene section 10 if the Minister is satisfied
8
that there are exceptional circumstances justifying the take-off or
9
landing.
10
(2) A dispensation may be granted subject to conditions including, for
11
example, conditions relating to when the take-off or landing must
12
occur and the runway to be used.
13
(3) In granting dispensations, the Minister must have regard to
14
guidelines made under subsection (5).
15
(4) A dispensation need not be in writing, but a written record of each
16
dispensation and the reasons for granting it must be made and must
17
be tabled in each House of the Parliament within 5 sitting days of
18
that House after the dispensation is granted.
19
(5) The Minister must, by legislative instrument, make guidelines
20
about the granting of dispensations under this section including, in
21
particular:
22
(a) what constitutes exceptional circumstances; and
23
(b) the conditions to which dispensations should be subject.
24
(6) The consultation procedures set out in Schedule 1 apply if the
25
Minister proposes to make guidelines under subsection (5).
26
The curfew
Part 2
Provision of information
Division 3
Section 17
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
11
Division 3--Provision of information
1
17 Authorised person may require the provision of information
2
(1) An authorised person may, by notice in writing given to the
3
operator of an aircraft, require the operator to give the authorised
4
person, within 30 days of receiving the notice:
5
(a) information relating to the noise level of the aircraft; or
6
(b) information relevant to determining whether a take-off or
7
landing of the aircraft was permitted by paragraph 14(a)
8
(emergencies).
9
(2) The operator must not fail to comply with the notice.
10
Penalty: 50 penalty units.
11
Note 1:
If the operator is a body corporate, the maximum penalty that may be
12
imposed is 250 penalty units (see subsection 4B(3) of the
Crimes Act
13
1914
).
14
Note 2:
For the value of a penalty unit, see subsection 4AA(1) of the
Crimes
15
Act 1914
.
16
(3) This section does not affect a person's right to refuse to give
17
information on the ground that the information, or giving the
18
information, might tend to incriminate the person or expose the
19
person to a penalty.
20
Part 3
The maximum aircraft movement limit
Section 18
12
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Part 3--The maximum aircraft movement limit
1
2
18 Maximum movement limit
3
(1) There are to be no more than 45 aircraft movements at Brisbane
4
Airport in any regulated hour. This limit is known as the
maximum
5
movement limit
.
6
Note:
The Minister may determine a lower limit--see section 19.
7
(2) A
regulated hour
is a period of 60 minutes starting:
8
(a) on the hour (being one of the 24 hours of a day); or
9
(b) at 15 minutes past the hour; or
10
(c) at 30 minutes past the hour; or
11
(d) at 45 minutes past the hour.
12
(3) However, a period is not a
regulated hour
if it starts during, or less
13
than 60 minutes before, a curfew period.
14
Note:
Aircraft movements during curfew periods are regulated under Part 2.
15
(4) In applying the limit imposed by this section, aircraft movements
16
associated with gate movements that are permitted by Division 2 of
17
Part 4 are not to be counted.
18
(5) The purpose of this section is to set the maximum movement limit
19
for the purposes of subsection 32(4) (which requires the Slot
20
Management Scheme to be consistent with the limit) and other
21
provisions of this Act. It does not operate to create rights or
22
obligations except as provided in other provisions of this Act.
23
19 Minister's power to determine a lower maximum movement limit
24
(1) The Minister may, by legislative instrument, determine that
25
subsection 18(1) is to have effect as if a lower number of aircraft
26
movements were specified in it.
27
Note:
See section 20 for consultation requirements.
28
(2) While a determination under subsection (1) is in force,
29
subsection 18(1) has effect as if the lower number of aircraft
30
movements were specified in it.
31
The maximum aircraft movement limit
Part 3
Section 20
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
13
(3) A determination under subsection (1):
1
(a) comes into force on the first day after the end of the period
2
during which it can be disallowed by a House of the
3
Parliament, or on a later day specified in the determination;
4
and
5
(b) remains in force until the end of the period (if any) specified
6
in the determination, or until the Minister revokes the
7
determination.
8
If the determination is disallowed, it does not come into force.
9
20 Consultation about determination of lower maximum movement
10
limit
11
(1) Before making a determination under subsection 19(1), the
12
Minister must, by notifiable instrument, publish a notice:
13
(a) stating that the Minister is considering making the
14
determination specified in the notice; and
15
(b) inviting members of the public and persons covered by any
16
of the following subparagraphs to give the Minister a written
17
submission about the proposed determination within 30 days
18
after the publication of the notice:
19
(i) the operator of Brisbane Airport;
20
(ii) Airservices Australia;
21
(iii) the Civil Aviation Safety Authority;
22
(iv) persons who represent the interests of all of the aircraft
23
operators who use Brisbane Airport to operate
24
scheduled air services;
25
(v) persons who represent the interests of communities in
26
South-East Queensland.
27
(2) If a person gives the Minister a written submission in accordance
28
with the notice, the Minister must have due regard to the
29
submission in making the determination.
30
(3) Subsection (2) does not, by implication, limit the matters to which
31
the Minister may have regard.
32
(4) This section does not apply to a determination that the Minister
33
proposes to make if the consultation requirements in section 17
34
Part 3
The maximum aircraft movement limit
Section 21
14
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(consultation) of the
Legislation Act 2003
apply to the making of
1
the determination.
2
21 Airservices Australia to monitor compliance with maximum
3
movement limit and to report to Minister
4
Airservices Australia's monitoring role
5
(1) Airservices Australia is to monitor compliance with the maximum
6
movement limit, and (subject to subsection (5)) is to give the
7
Minister a written report, within 28 days of the end of each quarter,
8
on the extent of infringements (if any) of the limit in the quarter.
9
(2) A
quarter
is a period of 3 months starting on any of the following
10
dates in a year:
11
(a) 1 January;
12
(b) 1 April;
13
(c) 1 July;
14
(d) 1 October.
15
(3) The Minister must cause a copy of each report under subsection (1)
16
to be laid before each House of the Parliament within 15 sitting
17
days of that House after the day on which the Minister receives the
18
report.
19
(4) Airservices Australia's obligations under this section are limited to
20
monitoring compliance with the maximum movement limit and
21
reporting to the Minister on the extent of infringements. This
22
monitoring and reporting role does not authorise or require
23
Airservices Australia to take any action to enforce compliance with
24
the limit.
25
What happens if this section commences during a quarter
26
(5) If this section commences during a quarter (but not on the first day
27
of the quarter):
28
(a) no report is to be made at the end of the quarter; but
29
(b) the report made at the end of the next quarter is also to
30
include the information about infringements that occurred in
31
the previous quarter.
32
The maximum aircraft movement limit
Part 3
Section 21
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
15
What happens if Airservices Australia ceases to provide air traffic
1
services at Brisbane Airport
2
(6) If Airservices Australia ceases to provide air traffic services at
3
Brisbane Airport, this section ceases to apply to Airservices
4
Australia.
5
(7) The Minister may enter into an arrangement with another person
6
who does, or is to, provide air traffic services at Brisbane Airport
7
under which the person will perform a monitoring role similar to
8
the role that Airservices Australia performed under this section.
9
Reports received by the Minister under the arrangement are to be
10
tabled in accordance with the requirements of subsection (3).
11
Part 4
Unauthorised gate movements
Division 1
Unauthorised gate movements
Section 22
16
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Part 4--Unauthorised gate movements
1
Division 1--Unauthorised gate movements
2
22 Gate movements to which this Part applies
3
This Part applies to all gate movements at Brisbane Airport, other
4
than:
5
(a) any gate movement that is permitted by Division 2; and
6
(b) any gate movement that is associated with an aircraft
7
movement that occurs during a curfew period, unless a slot
8
has been allocated for the gate movement under the Slot
9
Management Scheme; and
10
(c) any gate movement in relation to which the following
11
conditions are satisfied:
12
(i) the associated aircraft movement was scheduled to
13
occur at a time during a curfew period;
14
(ii) the aircraft movement actually occurs at a time that is
15
not during a curfew period;
16
(iii) if the aircraft movement had occurred at its scheduled
17
time, the aircraft movement would have been permitted
18
by section 13;
19
(iv) no slot has been allocated for the gate movement under
20
the Slot Management Scheme.
21
Note 1:
Regarding paragraph (b), a slot may have been allocated for the gate
22
movement because the aircraft movement was scheduled to occur
23
before or after the curfew period. In that case, this Part applies to the
24
gate movement even if the aircraft movement actually occurs during
25
the curfew period.
26
Note 2:
Aircraft movements during curfew periods are regulated under Part 2.
27
Slots cannot be allocated for times during curfew periods (see
28
subsection 32(3)).
29
Unauthorised gate movements
Part 4
Unauthorised gate movements
Division 1
Section 23
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
17
23 Meaning of no-slot movement and off-slot movement
1
Meaning of no-slot movement
2
(1) A gate movement is a
no-slot movement
if no slot permitting the
3
movement on the day on which it occurs has been allocated under
4
the Slot Management Scheme.
5
Meaning of off-slot movement
6
(2) A gate movement is an
off-slot movement
(subject to
7
subsection (6)) if:
8
(a) a slot permitting the movement on the day on which it occurs
9
has been allocated under the Slot Management Scheme; and
10
(b) the circumstances are such that, according to the provisions
11
of the Compliance Scheme referred to in subsection 48(1),
12
the movement is an off-slot movement.
13
Clarification of definitions
14
(3) If a slot permitting a gate movement at a specified time on a
15
specified day has been allocated under the Slot Management
16
Scheme, but the movement occurs at another time on that day:
17
(a) the movement is not a no-slot movement; but
18
(b) depending on the circumstances, the movement may be an
19
off-slot movement.
20
Slot Manager's power to declare that gate movements do not have
21
to be in accordance with allocated slots
22
(4) The Slot Manager may, in writing, declare, in relation to the whole
23
or a part of a day, that gate movements that occur during the period
24
to which the declaration relates are not required to take place in
25
accordance with their allocated slots.
26
(5) In making a declaration, the Slot Manager must have regard to the
27
provisions of the Slot Management Scheme referred to in
28
subsection 32(6).
29
Part 4
Unauthorised gate movements
Division 1
Unauthorised gate movements
Section 24
18
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(6) During the period to which a declaration relates, a gate movement
1
that would otherwise be an off-slot movement is taken not to be an
2
off-slot movement.
3
Note:
The declaration has no effect on the question whether a gate
4
movement is a no-slot movement.
5
24 Prohibition on no-slot movements
6
The operator of an aircraft must not, knowingly or recklessly,
7
allow the aircraft to engage in a gate movement to which this Part
8
applies that is a no-slot movement.
9
Civil penalty:
400 penalty units.
10
25 Prohibition on off-slot movements
11
The operator of an aircraft must not, knowingly or recklessly,
12
allow the aircraft to engage in a gate movement to which this Part
13
applies that is an off-slot movement.
14
Civil penalty:
200 penalty units.
15
Unauthorised gate movements
Part 4
Exceptions
Division 2
Section 26
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
19
Division 2--Exceptions
1
26 Aircraft may make gate movements in emergencies or if Slot
2
Manager grants dispensation
3
For the purposes of paragraph 22(a), an aircraft may make a gate
4
movement at Brisbane Airport in circumstances that would
5
otherwise result in the operator contravening a civil penalty
6
provision if:
7
(a) the aircraft is involved in an emergency as described in
8
section 27; or
9
(b) a dispensation granted by the Slot Manager under section 28
10
authorises the gate movement, and the gate movement is in
11
accordance with any conditions of the dispensation; or
12
(c) the aircraft is a state aircraft as described in section 29.
13
27 Emergencies
14
For the purposes of paragraph 26(a), an aircraft is
involved in an
15
emergency
if:
16
(a) the aircraft is being used, or is returning after use, for or in
17
connection with:
18
(i) a search and rescue operation; or
19
(ii) a medical emergency; or
20
(iii) a natural disaster; or
21
(b) the pilot of the aircraft has declared an in-flight emergency.
22
28 Dispensations in exceptional circumstances
23
(1) The Slot Manager may grant a dispensation authorising an aircraft
24
to make a gate movement at Brisbane Airport in circumstances that
25
would otherwise result in the operator contravening a civil penalty
26
provision if the Slot Manager is satisfied that there are exceptional
27
circumstances.
28
(2) A dispensation may be granted subject to conditions including, for
29
example, conditions relating to when the gate movement must
30
occur.
31
Part 4
Unauthorised gate movements
Division 2
Exceptions
Section 29
20
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(3) In granting a dispensation, the Slot Manager must have regard to
1
the provisions of the Slot Management Scheme referred to in
2
subsection 32(7).
3
(4) A dispensation need not be in writing, but the Slot Manager must
4
make a written record of each dispensation and the reasons for
5
granting it.
6
29 State aircraft
7
A
state aircraft
is:
8
(a) an aircraft:
9
(i) of any part of the Defence Force of Australia; or
10
(ii) that is commanded by a member of that Force in the
11
course of the member's duties as such a member;
12
other than any such aircraft that is registered under
13
regulations made under the
Civil Aviation Act 1988
; or
14
(b) an aircraft used in the military, customs or police services of
15
a country other than Australia.
16
The Slot Management Scheme
Part 5
Framework within which Scheme to be developed and to operate
Division 1
Section 30
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
21
Part 5--The Slot Management Scheme
1
Division 1--Framework within which Scheme to be
2
developed and to operate
3
30 The Scheme and its basic purpose
4
(1) There is to be a scheme, known as the Slot Management Scheme,
5
for Brisbane Airport.
6
(2) The basic purpose of the Scheme is to provide a system for the
7
allocation of permissions for gate movements at Brisbane Airport.
8
The system must be consistent with the maximum movement limit
9
for aircraft movements.
10
31 The concept of a slot
11
(1) A permission for a gate movement is known as a
slot
. A slot
12
allocated under the Slot Management Scheme will permit a
13
specified gate movement at a specified time on a specified day.
14
(2) A slot allocated under the Scheme is not transferable (except in
15
accordance with provisions in the Scheme about swapping slots)
16
and does not create rights or obligations that are enforceable
17
against any person.
18
(3) Other laws may impose requirements or restrictions on or in
19
relation to aircraft movements or gate movements. The allocation
20
of a slot for a gate movement under the Scheme in no way affects
21
the application of such other requirements or restrictions to, or in
22
relation to, the gate movement and any associated aircraft
23
movement.
24
32 Contents of Scheme
25
(1) The Slot Management Scheme must provide a system for the
26
allocation of slots for gate movements at Brisbane Airport. In
27
addition to allocation, the Scheme may deal with associated
28
matters such as the variation, suspension, cancellation, surrender or
29
Part 5
The Slot Management Scheme
Division 1
Framework within which Scheme to be developed and to operate
Section 32
22
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
swapping of allocated slots, and the conditions that may be
1
imposed on slots.
2
(2) The Scheme may deal with the allocation of slots for specified
3
categories of gate movements.
4
(3) The Scheme must not allow slots to be allocated for times during
5
curfew periods.
6
(4) The Scheme must be consistent with the maximum movement limit
7
for aircraft movements.
8
(5) The Scheme may provide for the authorisation of other persons to
9
exercise powers of the Slot Manager relating to the allocation of
10
slots, or to slots that have been allocated.
11
(6) The Scheme must set out guidelines relating to the exercise of the
12
Slot Manager's power under subsection 23(4) to make declarations
13
that gate movements are not required to take place in accordance
14
with their allocated slots.
15
(7) The Scheme must set out guidelines relating to the exercise of the
16
Slot Manager's power under section 28 to grant dispensations
17
including, in particular:
18
(a) what constitutes exceptional circumstances for the purposes
19
of that section; and
20
(b) the conditions to which dispensations should be subject.
21
(8) The Scheme may contain a mechanism for the reconsideration of
22
decisions made under the Scheme, or of decisions made by the Slot
23
Manager for the purposes of this Act.
24
(9) The Scheme may contain other provisions relating to the
25
performance of the Slot Manager's functions.
26
(10) The Scheme must be consistent with the additional requirements (if
27
any) specified in the regulations. Any such requirements must be
28
consistent with the maximum movement limit for aircraft
29
movements.
30
(11) The Scheme must be consistent with the additional requirements (if
31
any) specified in determinations in force under section 33.
32
The Slot Management Scheme
Part 5
Framework within which Scheme to be developed and to operate
Division 1
Section 33
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
23
(12) The Scheme must be consistent with any requirements of Part 2
1
that relate to aircraft movements before or after curfew periods.
2
33 Minister's power to determine additional requirements
3
(1) The Minister may, by legislative instrument, determine additional
4
requirements with which the Slot Management Scheme must be
5
consistent. Any such requirements must be consistent with the
6
maximum movement limit for aircraft movements.
7
(2) Before making a determination under subsection (1), the Minister
8
must consult the Slot Manager about the proposed determination.
9
This requirement does not apply to the Minister making a
10
determination before the Slot Manager has been appointed.
11
34 Consequence of Scheme not being consistent with section 32
12
Inconsistency with section 32 does not affect the validity of the
13
Slot Management Scheme. However, if the Minister becomes
14
aware that the Scheme is inconsistent with that section, the
15
Minister is to take action under Division 2 to have the Scheme
16
amended, as soon as possible, so that it is consistent with that
17
section.
18
Part 5
The Slot Management Scheme
Division 2
Development and amendment of Scheme
Section 35
24
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Division 2--Development and amendment of Scheme
1
Subdivision A--Development
2
35 Slot Manager to develop slot management scheme and submit it
3
for approval
4
(1) The Slot Manager is to develop a slot management scheme (the
5
draft scheme
) for Brisbane Airport that is consistent with
6
section 32.
7
(2) The draft scheme is to be submitted to the Minister for approval.
8
(3) The Minister may require the Slot Manager to develop and submit
9
the draft scheme by a time determined by the Minister.
10
36 Minister's power to request or make amendments
11
(1) The Minister may request the Slot Manager to amend the draft
12
scheme to address a particular issue identified by the Minister and
13
to resubmit the amended draft scheme for approval.
14
(2) If the Slot Manager refuses or fails to comply with the request to
15
the satisfaction of the Minister within 14 days of the request being
16
made, or within such longer period as the Minister determines, the
17
Minister may amend the draft scheme to address the issue
18
identified in the request. Before doing so, the Minister must first
19
consider any reasons given by the Slot Manager for its refusal or
20
failure.
21
(3) The Minister's power under this section to request an amendment
22
of the draft scheme, or to amend the draft scheme, may be
23
exercised even if the scheme is already consistent with section 32.
24
Note:
For example, the Minister may request or make an amendment of the
25
draft scheme because the Minister considers that a matter could be
26
dealt with in a more appropriate way and still be consistent with
27
section 32.
28
The Slot Management Scheme
Part 5
Development and amendment of Scheme
Division 2
Section 37
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
25
37 Consultation about scheme
1
(1) Before approving the draft scheme (as originally developed or as
2
amended by the Slot Manager or the Minister), the Minister must,
3
by notifiable instrument, publish a notice:
4
(a) stating that the Minister is considering approving the draft
5
scheme; and
6
(b) setting out the draft scheme in full; and
7
(c) inviting members of the public and persons covered by any
8
of the following subparagraphs to give the Minister a written
9
submission about the draft scheme within 30 days after the
10
publication of the notice:
11
(i) the operator of Brisbane Airport;
12
(ii) Airservices Australia;
13
(iii) the Civil Aviation Safety Authority;
14
(iv) persons who represent the interests of all of the aircraft
15
operators who use Brisbane Airport to operate
16
scheduled air services;
17
(v) persons who represent the interests of communities in
18
South-East Queensland.
19
(2) If a person gives the Minister a written submission in accordance
20
with the notice, the Minister must have due regard to the
21
submission in deciding whether to approve the draft scheme.
22
(3) Subsection (2) does not, by implication, limit the matters to which
23
the Minister may have regard.
24
Note:
See also section 17 (consultation) of the
Legislation Act 2003
.
25
38 Approval of scheme
26
(1) The Minister may, in writing, approve the draft scheme (as
27
originally developed or as amended by the Slot Manager or the
28
Minister) if, and only if, the Minister is satisfied that the scheme is
29
consistent with section 32.
30
(2) If the Minister approves the draft scheme, the Minister must, by
31
legislative instrument, determine that the Slot Management
32
Part 5
The Slot Management Scheme
Division 2
Development and amendment of Scheme
Section 39
26
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Scheme for Brisbane Airport is the scheme that has been approved.
1
The determination must:
2
(a) set out the scheme in full; and
3
(b) specify the day on which the scheme is to come into force as
4
the Slot Management Scheme.
5
39 When Slot Management Scheme comes into force
6
The scheme set out in a determination under subsection 38(2)
7
comes into force as the Slot Management Scheme on the day
8
specified in accordance with paragraph 38(2)(b).
9
Subdivision B--Amendment
10
40 Slot Manager may develop amendments of Slot Management
11
Scheme and submit them for approval
12
The Slot Manager may develop amendments of the Slot
13
Management Scheme and submit them to the Minister for
14
approval.
15
41 Minister's power to request or develop amendments
16
(1) The Minister may request the Slot Manager to develop an
17
amendment of the Slot Management Scheme to address a particular
18
issue identified by the Minister and to submit the amendment to the
19
Minister for approval.
20
(2) If the Slot Manager refuses or fails to comply with the request to
21
the satisfaction of the Minister within 14 days of the request being
22
made, or within such longer period as the Minister determines, the
23
Minister may develop an amendment of the Scheme to address the
24
issue identified in the request. Before doing so, the Minister must
25
first consider any reasons given by the Slot Manager for its refusal
26
or failure.
27
(3) The Minister's power under this section to request an amendment
28
of the Scheme, or to develop an amendment of the Scheme, may be
29
exercised even if the Scheme already complies with section 32.
30
The Slot Management Scheme
Part 5
Development and amendment of Scheme
Division 2
Section 42
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
27
Note:
For example, the Minister may request or develop an amendment of
1
the Scheme because the Minister considers that a matter could be dealt
2
with in a more appropriate way and still be consistent with section 32.
3
42 Consultation about amendments
4
(1) Before approving an amendment of the Slot Management Scheme
5
(being an amendment developed by the Slot Manager or the
6
Minister), the Minister must, by notifiable instrument, publish a
7
notice:
8
(a) stating that the Minister is considering approving the
9
amendment; and
10
(b) setting out the amendment; and
11
(c) inviting members of the public and persons covered by any
12
of the following subparagraphs to give the Minister a written
13
submission about the amendment within 30 days after the
14
publication of the notice:
15
(i) the operator of Brisbane Airport;
16
(ii) Airservices Australia;
17
(iii) the Civil Aviation Safety Authority;
18
(iv) persons who represent the interests of all of the aircraft
19
operators who use Brisbane Airport to operate
20
scheduled air services;
21
(v) persons who represent the interests of communities in
22
South-East Queensland.
23
(2) If a person gives the Minister a written submission in accordance
24
with the notice, the Minister must have due regard to the
25
submission in deciding whether to approve the amendment.
26
(3) Subsection (2) does not, by implication, limit the matters to which
27
the Minister may have regard.
28
Note:
See also section 17 (consultation) of the
Legislation Act 2003
.
29
43 Approval of amendments
30
(1) The Minister may, in writing, approve an amendment of the Slot
31
Management Scheme (being an amendment developed by the Slot
32
Manager or the Minister) if, and only if, the Minister is satisfied
33
Part 5
The Slot Management Scheme
Division 2
Development and amendment of Scheme
Section 44
28
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
that the Scheme as proposed to be amended would be consistent
1
with section 32.
2
(2) If the Minister approves an amendment of the Slot Management
3
Scheme, the Minister must, by legislative instrument, determine
4
that the Slot Management Scheme is amended by the amendment
5
that has been approved. The determination must:
6
(a) set out the amendment in full; and
7
(b) specify the day on which the amendment is to come into
8
force.
9
44 When an amendment comes into force
10
The amendment set out in a determination under subsection 43(2)
11
comes into force on the day specified in accordance with
12
paragraph 43(2)(b).
13
The Slot Management Scheme
Part 5
Powers of Minister and Compliance Committee in relation to slot allocation
Division 3
Section 45
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
29
Division 3--Powers of Minister and Compliance
1
Committee in relation to slot allocation
2
45 Minister's powers
3
(1) The Minister may, in writing, direct the Slot Manager:
4
(a) to vary, suspend or cancel slots that have been allocated
5
under the Slot Management Scheme as specified in the
6
direction; or
7
(b) to exercise the power to issue slots under the Scheme subject
8
to limitations specified in the direction.
9
The direction does not have to be consistent with the Slot
10
Management Scheme.
11
(2) The Slot Manager, and each person authorised under provisions of
12
the Scheme referred to in subsection 32(5), must comply with a
13
direction by the Minister, and has such power as is necessary to
14
comply with the direction, despite the provisions of the Slot
15
Management Scheme.
16
(3) A direction by the Minister must be consistent with the maximum
17
movement limit for aircraft movements.
18
(4) The Minister is not to be taken, for the purposes of the
19
Corporations Act 2001
, to be a director of a company that is the
20
Slot Manager because of the powers in relation to the Slot Manager
21
that are conferred on the Minister by this section.
22
(5) The Minister must, in relation to each direction:
23
(a) include in the direction a statement of the reasons for giving
24
the direction; and
25
(b) cause a copy of the direction to be tabled in each House of
26
the Parliament not later than 6 sitting days of that House after
27
the day on which the direction is given
28
(6) A direction is not to be taken to be a legislative instrument.
29
Part 5
The Slot Management Scheme
Division 3
Powers of Minister and Compliance Committee in relation to slot allocation
Section 46
30
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
46 Compliance Committee's powers
1
(1) The Compliance Committee may, in writing, recommend to the
2
Slot Manager that the Slot Manager should vary, suspend or cancel
3
slots that have been allocated under the Slot Management Scheme
4
as specified in the recommendation.
5
(2) The Slot Manager is to have regard to the recommendation, but is
6
not required to comply with it. Any actions the Slot Manager takes
7
in complying with the recommendation must be in accordance with
8
the Slot Management Scheme.
9
The Compliance Scheme
Part 6
Framework within which Scheme to be developed and to operate
Division 1
Section 47
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
31
Part 6--The Compliance Scheme
1
Division 1--Framework within which Scheme to be
2
developed and to operate
3
47 The Scheme and its basic purpose
4
(1) There is to be a scheme, known as the
Compliance Scheme
, for
5
Brisbane Airport.
6
(2) The basic purpose of the Scheme is to provide for various matters
7
relating to compliance with the requirements of Part 4.
8
48 Contents of Scheme
9
(1) The Compliance Scheme must identify the circumstances in which
10
gate movements are taken to be off-slot movements for the
11
purposes of this Act.
12
(2) The Scheme must identify:
13
(a) the circumstances in which it is appropriate to issue an
14
infringement notice to a person for a contravention of a civil
15
penalty provision, and the circumstances in which it is not
16
appropriate to do so; and
17
(b) the circumstances in which it is appropriate to withdraw an
18
infringement notice that has been issued, and the
19
circumstances in which it is not appropriate to do so.
20
(3) The Scheme must specify:
21
(a) the rates of fines that may be specified in infringement
22
notices; and
23
(b) the circumstances to which the different rates apply.
24
(4) The Scheme may contain a mechanism for the reconsideration of
25
decisions made under the Scheme, or of decisions made by the
26
Compliance Committee for the purposes of this Act.
27
(5) The Scheme may contain other provisions relating to the
28
performance of the Compliance Committee's functions under this
29
Act.
30
Part 6
The Compliance Scheme
Division 1
Framework within which Scheme to be developed and to operate
Section 49
32
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(6) The Scheme must be consistent with the additional requirements (if
1
any) specified in the regulations.
2
(7) The Scheme must be consistent with the additional requirements (if
3
any) specified in determinations in force under section 49.
4
49 Minister's power to determine additional requirements
5
(1) The Minister may, by legislative instrument, determine additional
6
requirements with which the Compliance Scheme must be
7
consistent.
8
(2) Before making a determination under subsection (1), the Minister
9
must consult the Compliance Committee about the proposed
10
determination. This requirement does not apply to the Minister
11
making a determination before the Compliance Committee has
12
been appointed.
13
50 Consequence of Scheme not being consistent with section 48
14
Inconsistency with section 48 does not affect the validity of the
15
Compliance Scheme. However, if the Minister becomes aware that
16
the Scheme is inconsistent with that section, the Minister is to take
17
action under Division 2 to have the Scheme amended, as soon as
18
possible, so that it is consistent with that section.
19
The Compliance Scheme
Part 6
Development and amendment of Scheme
Division 2
Section 51
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
33
Division 2--Development and amendment of Scheme
1
Subdivision A--Development
2
51 Compliance Committee to develop compliance scheme and
3
submit it for approval
4
(1) The Compliance Committee is to develop a compliance scheme
5
(the
draft scheme
) for Brisbane Airport that is consistent with
6
section 48.
7
(2) The draft scheme is to be submitted to the Minister for approval.
8
(3) The Minister may require the Compliance Committee to develop
9
and submit the draft scheme by a time determined by the Minister.
10
52 Minister's power to request or make amendments
11
(1) The Minister may request the Compliance Committee to amend the
12
draft scheme to address a particular issue identified by the Minister
13
and to resubmit the amended draft scheme for approval.
14
(2) If the Compliance Committee refuses or fails to comply with the
15
request to the satisfaction of the Minister within 14 days of the
16
request being made, or within such longer period as the Minister
17
determines, the Minister may amend the draft scheme to address
18
the issue identified in the request. Before doing so, the Minister
19
must first consider any reasons given by the Compliance
20
Committee for its refusal or failure.
21
(3) The Minister's power under this section to request an amendment
22
of the draft scheme, or to amend the draft scheme, may be
23
exercised even if the scheme is already consistent with section 48.
24
Note:
For example, the Minister may request or make an amendment of the
25
draft scheme because the Minister considers that a matter could be
26
dealt with in a more appropriate way and still be consistent with
27
section 48.
28
Part 6
The Compliance Scheme
Division 2
Development and amendment of Scheme
Section 53
34
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
53 Approval of scheme
1
(1) The Minister may, in writing, approve the draft scheme (as
2
originally developed or as amended by the Compliance Committee
3
or the Minister) if, and only if, the Minister is satisfied that the
4
scheme is consistent with section 48.
5
(2) If the Minister approves the draft scheme, the Minister must, by
6
legislative instrument, determine that the Compliance Scheme for
7
Brisbane Airport is the scheme that has been approved. The
8
determination must:
9
(a) set out the scheme in full; and
10
(b) specify the day on which the scheme is to come into force as
11
the Compliance Scheme.
12
54 When Compliance Scheme comes into force
13
The scheme set out in a determination under subsection 53(2)
14
comes into force as the Compliance Scheme on the day specified in
15
accordance with paragraph 53(2)(b).
16
Subdivision B--Amendment
17
55 Compliance Committee may develop amendments of Compliance
18
Scheme and submit them for approval
19
The Compliance Committee may develop amendments of the
20
Compliance Scheme and submit them to the Minister for approval.
21
56 Minister's power to request or develop amendments
22
(1) The Minister may request the Compliance Committee to develop
23
an amendment of the Compliance Scheme to address a particular
24
issue identified by the Minister and to submit the amendment to the
25
Minister for approval.
26
(2) If the Compliance Committee refuses or fails to comply with the
27
request to the satisfaction of the Minister within 14 days of the
28
request being made, or within such longer period as the Minister
29
determines, the Minister may develop an amendment of the
30
The Compliance Scheme
Part 6
Development and amendment of Scheme
Division 2
Section 57
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
35
Scheme to address the issue identified in the request. Before doing
1
so, the Minister must first consider any reasons given by the
2
Compliance Committee for its refusal or failure.
3
(3) The Minister's power under this section to request an amendment
4
of the Scheme, or to develop an amendment of the Scheme, may be
5
exercised even if the Scheme already complies with section 48.
6
Note:
For example, the Minister may request or develop an amendment of
7
the Scheme because the Minister considers that a matter could be dealt
8
with in a more appropriate way and still be consistent with section 48.
9
57 Approval of amendments
10
(1) The Minister may, in writing, approve an amendment of the
11
Compliance Scheme (being an amendment developed by the
12
Compliance Committee or the Minister) if, and only if, the
13
Minister is satisfied that the Scheme as proposed to be amended
14
would be consistent with section 48.
15
(2) If the Minister approves an amendment of the Compliance Scheme,
16
the Minister must, by legislative instrument, determine that the
17
Compliance Scheme is amended by the amendment that has been
18
approved. The determination must:
19
(a) set out the amendment in full; and
20
(b) specify the day on which the amendment is to come into
21
force.
22
58 When an amendment comes into force
23
The amendment set out in a determination under subsection 57(2)
24
comes into force on the day specified in accordance with
25
paragraph 57(2)(b).
26
Part 6
The Compliance Scheme
Division 3
Modification of Scheme in exceptional circumstances
Section 59
36
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Division 3--Modification of Scheme in exceptional
1
circumstances
2
59 Minister's power to determine modifications
3
(1) The Minister may, in writing, determine that the Compliance
4
Scheme has effect subject to specified modifications during a
5
specified period if the Minister considers that there are exceptional
6
circumstances justifying the making of the determination.
7
(2) During the period specified in a determination under
8
subsection (1), the Compliance Scheme has effect subject to the
9
modifications specified in the determination.
10
(3) The Minister must, in relation to each determination under
11
subsection (1):
12
(a) include in the determination a statement of the reasons for
13
making the determination; and
14
(b) cause a copy of the determination to be given to the
15
Compliance Committee as soon as practicable after the day
16
on which the determination is made.
17
Note:
A copy of the determination will also have to be laid before each
18
House of the Parliament (see section 38 of the
Legislation Act 2003
).
19
(4) Modifications specified in a determination under subsection (1) do
20
not have to be consistent with section 48.
21
(5) A determination under subsection (1) is a legislative instrument,
22
but section 42 (disallowance) of the
Legislation Act 2003
does not
23
apply to the determination.
24
(6) In this section:
25
modifications
includes additions, omissions and substitutions.
26
The Slot Manager
Part 7
Section 60
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
37
Part 7--The Slot Manager
1
2
60 The Slot Manager
3
(1) There is to be a Slot Manager for Brisbane Airport.
4
(2) The functions of the Slot Manager are:
5
(a) to develop, administer and amend the Slot Management
6
Scheme; and
7
(b) such other functions as are conferred on the Slot Manager by
8
this Act, the regulations, the Slot Management Scheme or the
9
Compliance Scheme.
10
61 Appointment of Slot Manager
11
(1) The Minister may, in writing, appoint a body corporate (including
12
a company incorporated under the
Corporations Act 2001
) to be
13
the Slot Manager.
14
(2) The appointment is to be for a specified period not exceeding 3
15
years.
16
(3) The body corporate must be one that the Minister considers has,
17
through its members or employees, a good understanding of:
18
(a) aviation generally; and
19
(b) the issues involved in slot allocation processes, including:
20
(i) flight noise abatement; and
21
(ii) community impacts.
22
62 The legal position of the Slot Manager
23
Appointment as Slot Manager does not confer separate legal
24
personality
25
(1) The appointment of a body corporate to be the Slot Manager does
26
not confer on the body corporate a legal personality that is separate
27
from the legal personality it already has as a body corporate.
28
Part 7
The Slot Manager
Section 62
38
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
How legal proceedings taken by or against Slot Manager
1
(2) Legal proceedings by or against the Slot Manager are to be taken
2
by or against the body corporate that is the Slot Manager in that
3
body corporate's own name.
4
Slot Manager not a Commonwealth authority etc.
5
(3) Subject to subsections (4) and (5), the body corporate that is the
6
Slot Manager is not to be taken, merely because it holds that office:
7
(a) to be the Commonwealth or a Commonwealth authority; or
8
(b) to be established for a public purpose or for a purpose of the
9
Commonwealth; or
10
(c) to hold a Commonwealth office or to be a Commonwealth
11
officer; or
12
(d) to be a public authority or an agency or instrumentality of the
13
Crown;
14
(within the ordinary meaning of the expression concerned) for the
15
purposes of a law unless a law, or regulations for the purposes of
16
this section, expressly provide otherwise.
17
(4) For the purposes of sections 134.1, 134.2, 135.1 and 135.2 of the
18
Criminal Code
, the Slot Manager is to be taken to be a
19
Commonwealth entity.
20
(5) For the purposes of sections 141.1, 142.1, 142.2, 148.1 and 148.2
21
of the
Criminal Code
, the following persons are to be taken to be
22
Commonwealth public officials:
23
(a) the Slot Manager;
24
(b) the employees and agents of the Slot Manager;
25
(c) persons authorised under provisions of the Slot Management
26
Scheme referred to in subsection 32(5).
27
Definitions
28
(6) In this section:
29
law
means:
30
(a) an Act of the Commonwealth or of a State or Territory; or
31
(b) regulations or any other instrument made under such an Act.
32
The Slot Manager
Part 7
Section 63
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
39
63 Termination of appointment
1
The Minister may, in writing, terminate the appointment of a body
2
corporate as the Slot Manager at any time for any reason.
3
64 Protection of Slot Manager etc. from legal actions
4
(1) No action lies against the Slot Manager, or against an employee or
5
agent of the Slot Manager acting in the course of that person's
6
employment or agency, for or in respect of any loss or damage
7
caused by the Slot Manager, or the employee or agent, doing
8
something that is within the Slot Manager's functions.
9
(2) Subsection (1) does not cover loss or damage that is wilfully or
10
negligently caused by the Slot Manager or by the employee or
11
agent.
12
(3) In this section:
13
(a) a reference to the Slot Manager includes a reference to a
14
person who is a member of the body corporate that is the Slot
15
Manager; and
16
(b) a reference to an agent of the Slot Manager acting in the
17
course of that agency includes a reference to a person
18
authorised under provisions of the Slot Management Scheme
19
referred to in subsection 32(5) acting in the course of that
20
authority.
21
65 Change of Slot Manager
22
The regulations may make provision for matters relating to one
23
body corporate ceasing to be the Slot Manager and another body
24
corporate becoming the Slot Manager, including:
25
(a) the continued effect of things done by the previous Slot
26
Manager; and
27
(b) the substitution of parties to legal proceedings by or against
28
the previous Slot Manager; and
29
(c) the transfer of rights and liabilities to the new Slot Manager.
30
Part 8
The Compliance Committee
Section 66
40
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Part 8--The Compliance Committee
1
2
66 The Compliance Committee
3
(1) There is to be a Compliance Committee for Brisbane Airport.
4
(2) The functions of the Committee are:
5
(a) to develop, administer and amend the Compliance Scheme;
6
and
7
(b) such other functions as are conferred on the Compliance
8
Committee by this Act, the regulations, the Compliance
9
Scheme or the Slot Management Scheme.
10
(3) The members of the Committee are to be appointed by the
11
Minister.
12
67 Regulations may deal with appointment and other matters
13
The regulations may deal with:
14
(a) matters relating to the appointment of members of the
15
Compliance Committee, including (but not limited to):
16
(i) how many members may be appointed; and
17
(ii) requirements (if any) as to who may be appointed; and
18
(iii) the duration of appointments and the terms and
19
conditions of appointments; and
20
(iv) the termination of appointments; and
21
(b) matters relating to the operations of the Compliance
22
Committee.
23
68 The legal position of the Compliance Committee
24
(1) The Compliance Committee, or a member of the Compliance
25
Committee acting as such a member, is not to be taken:
26
(a) to be the Commonwealth or a Commonwealth authority; or
27
(b) to be established for a public purpose or for a purpose of the
28
Commonwealth; or
29
(c) to hold a Commonwealth office or to be a Commonwealth
30
officer; or
31
The Compliance Committee
Part 8
Section 69
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
41
(d) to be a public authority or an agency or instrumentality of the
1
Crown;
2
(within the ordinary meaning of the expression concerned) for the
3
purposes of a law unless a law, or regulations for the purposes of
4
this section, expressly provide otherwise.
5
(2) In this section:
6
law
means:
7
(a) an Act of the Commonwealth or of a State or Territory; or
8
(b) regulations or any other instrument made under such an Act.
9
69 Protection of Compliance Committee from legal actions
10
(1) No action lies against the Compliance Committee for or in respect
11
of any loss or damage caused by the Compliance Committee doing
12
something that is within the Compliance Committee's functions.
13
(2) Subsection (1) does not cover loss or damage that is wilfully or
14
negligently caused by the Compliance Committee.
15
(3) In this section, a reference to the Compliance Committee includes
16
a reference to a member of the Compliance Committee acting as
17
such a member.
18
Part 9
The Long Term Operating Plan
Section 70
42
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Part 9--The Long Term Operating Plan
1
2
70 The Long Term Operating Plan
3
(1) The Minister must cause a long term operating plan for Brisbane
4
Airport to be developed.
5
(2) The plan must deal with the management of aircraft movements
6
and airspace at Brisbane Airport, including:
7
(a) flight noise abatement; and
8
(b) community impact; and
9
(c) related matters.
10
(3) Development of the plan must involve:
11
(a) a review of current operating procedures and airspace
12
management at Brisbane airport; and
13
(b) consultation with:
14
(i) the operator of Brisbane Airport; and
15
(ii) Airservices Australia; and
16
(iii) communities in South-East Queensland; and
17
(iv) other relevant stakeholders; and
18
(c) consideration of whether flights can be directed to take off
19
and land over Moreton Bay to minimise noise and
20
disturbance for Brisbane residents.
21
(4) The Minister must cause a copy of the plan to be tabled in each
22
House of the Parliament on or before the first sitting day of that
23
House occurring 12 months or more after the commencement of
24
this section.
25
(5) The Minister must take all reasonable steps to ensure that the plan
26
is implemented (for example, by directing Airservices Australia
27
under subsection 16(1) of the
Air Services Act 1995
to implement
28
the plan).
29
Miscellaneous
Part 10
Section 71
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
43
Part 10--Miscellaneous
1
2
71 Minister to consult
3
(1) The consultation procedures set out in Schedule 1 apply if the
4
Minister proposes to introduce a Bill for an Act that amends this
5
Act into a House of the Parliament.
6
(2) If the Minister introduces a Bill for an Act that amends this Act
7
into a House of the Parliament, the Minister must also table in that
8
House a report setting out what consultation has taken place.
9
72 Civil penalties
10
Enforceable civil penalty provisions
11
(1) Each civil penalty provision of this Act is enforceable under Part 4
12
of the Regulatory Powers Act.
13
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
14
be enforced by obtaining an order for a person to pay a pecuniary
15
penalty for the contravention of the provision.
16
Authorised applicant
17
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Slot
18
manager is an authorised applicant in relation to a civil penalty
19
provisions of this Act.
20
Relevant court
21
(3) For the purposes of Part 4 of the Regulatory Powers Act, the
22
Federal Court is a relevant court in relation to a civil penalty
23
provision of this Act.
24
Extension to external Territories etc.
25
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to a
26
civil penalty provision in this Act, extends to:
27
(a) every external Territory; and
28
(b) acts, omissions, matters and things outside Australia.
29
Part 10
Miscellaneous
Section 73
44
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
73 Infringement notices
1
Provisions subject to an infringement notice
2
(1) A civil penalty provision of this Act is subject to an infringement
3
notice under Part 5 of the Regulatory Powers Act.
4
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
5
infringement notices in relation to provisions.
6
Infringement officer
7
(2) For the purposes of Part 5 of the Regulatory Powers Act, the Slot
8
Manager is an infringement officer in relation to the provisions
9
mentioned in subsection (1).
10
Relevant chief executive
11
(3) For the purposes of Part 5 of the Regulatory Powers Act, the Slot
12
Manager is the relevant chief executive in relation to the provisions
13
mentioned in subsection (1).
14
Role of Compliance Committee
15
(4) The Slot Manager must only exercise the powers it has under
16
Part 5 of the Regulatory Powers Act in accordance with the
17
Compliance Scheme.
18
Extension to external Territories etc.
19
(5) Part 5 of the Regulatory Powers Act, as it applies in relation to the
20
provisions mentioned in subsection (1), extends to:
21
(a) every external Territory; and
22
(b) acts, omissions, matters and things outside Australia.
23
74 Conduct by directors, employees and agents
24
(1) If, in proceedings for an offence against this Act, it is necessary to
25
prove the state of mind of a body corporate in relation to particular
26
conduct, it is enough to show:
27
Miscellaneous
Part 10
Section 74
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
45
(a) that the conduct was engaged in by a director, employee or
1
agent of the body corporate within the scope of the director's,
2
employee's or agent's actual or apparent authority; and
3
(b) that the director, employee or agent had the state of mind.
4
(2) Any conduct engaged in on behalf of a body corporate by a
5
director, employee, or agent of the body corporate within the scope
6
of the director's, employee's or agent's actual or apparent authority
7
is taken, for the purposes of a prosecution for an offence against
8
this Act, to have been engaged in also by the body corporate unless
9
the body corporate proves that the body corporate took reasonable
10
precautions and exercised due diligence to avoid the conduct.
11
(3) If, in proceedings for an offence against this Act, it is necessary to
12
establish the state of mind of an individual in relation to particular
13
conduct, it is enough to show:
14
(a) that the conduct was engaged in by an employee or agent of
15
the individual within the scope of the employee's or agent's
16
actual or apparent authority; and
17
(b) that the employee or agent had the state of mind.
18
(4) Any conduct engaged in on behalf of an individual by an employee
19
or agent of the individual within the scope of the employee's or
20
agent's actual or apparent authority is taken, for the purposes of a
21
prosecution for an offence against this Act, to have been engaged
22
in also by the individual, unless the individual proves that the
23
individual took reasonable precautions and exercised due diligence
24
to avoid the conduct.
25
(5) In this section:
26
director
, in relation to a body that:
27
(a) is incorporated for a public purpose by a law of the
28
Commonwealth, of a State or of a Territory; and
29
(b) is constituted by one or more members;
30
means the member, or any of the members, constituting the body.
31
engage in conduct
includes fail or refuse to engage in conduct.
32
offence against this Act
includes the following:
33
Part 10
Miscellaneous
Section 75
46
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(a) an offence against section 6 of the
Crimes Act 1914
that
1
relates to an offence against this Act;
2
(b) an offence against section 11.1, 11.4 or 11.5 of the
Criminal
3
Code
.
4
state of mind
, in relation to a person, includes:
5
(a) the person's knowledge, intention, opinion, belief or purpose;
6
and
7
(b) the person's reasons for the intention, opinion, belief or
8
purpose.
9
75 Evidentiary certificates
10
(1) A certificate by the body corporate that is, when the certificate is
11
made, the Slot Manager and that states:
12
(a) that a specified gate movement occurred; and
13
(b) that the movement was a no-slot movement or an off-slot
14
movement; and
15
(c) the circumstances because of which the movement was a
16
no-slot movement or an off-slot movement;
17
is, for the purposes of proceedings under this Act, prima facie
18
evidence of the matters stated in it (including at a time after the
19
body corporate has ceased to be the Slot Manager).
20
(2) A certificate must:
21
(a) be in writing; and
22
(b) be either:
23
(i) under the seal of the body corporate; or
24
(ii) signed by a director, or other equivalent officer, of the
25
body corporate on behalf of the body corporate.
26
76 Part IIIA of the Competition and Consumer Act 2010 to be subject
27
to this Act
28
Part IIIA of the
Competition and Consumer Act 2010
has effect
29
subject to this Act.
30
Miscellaneous
Part 10
Section 77
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
47
77 Delegation
1
(1) The Minister may, in writing, delegate the Minister's powers to
2
grant dispensations under section 16 to:
3
(a) the Secretary of the Department; or
4
(b) an APS employee in the Department; or
5
(c) an employee of Airservices Australia.
6
(2) The Minister may, in writing, delegate to:
7
(a) the Secretary of the Department; or
8
(b) an SES employee, or acting SES employee, in the
9
Department;
10
all or any of the following powers:
11
(c) the power under section 43 to give approvals and make
12
determinations in relation to amendments of the Slot
13
Management Scheme;
14
(d) the power under section 57 to give approvals and make
15
determinations in relation to amendments of the Compliance
16
Scheme;
17
(e) the power under subsection 66(3) to make appointments to
18
the Compliance Committee.
19
78 Regulations
20
(1) The Governor-General may make regulations, not inconsistent with
21
this Act, prescribing matters:
22
(a) required or permitted by this Act to be prescribed; or
23
(b) necessary or convenient for carrying out or giving effect to
24
this Act.
25
(2) Without limiting subsection (1), the regulations may:
26
(a) provide for the Slot Manager and the Compliance Committee
27
to report on specified matters; and
28
(b) provide for the review of decisions made under this Act, the
29
Slot Management Scheme or the Compliance Scheme; and
30
(c) provide for the transfer of information, for the purposes of
31
this Act:
32
Part 10
Miscellaneous
Section 78
48
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(i) between the Slot Manager and the Compliance
1
Committee; and
2
(ii) to the Slot Manager or the Compliance Committee by
3
Airservices Australia or by other persons; and
4
(d) prescribe penalties, not exceeding 50 penalty units, for
5
offences against the regulations.
6
Consultation procedures
Schedule 1
Section 1
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
49
Schedule 1--Consultation procedures
1
Note:
See sections 16 and 71.
2
3
4
1 Schedule sets out consultation procedures
5
Clauses 3 to 6 of this Schedule set out the consultation procedures
6
that apply if:
7
(a) the Minister proposes to make guidelines under
8
subsection 16(5) of this Act; or
9
(b) the Minister proposes to introduce a Bill for an Act that
10
amends this Act into a House of the Parliament.
11
2 Minister may determine that a body or organisation represents
12
those likely to be affected
13
The Minister may, by notifiable instrument, determine that a
14
specified body or organisation sufficiently represents the interests
15
of those likely to be affected by proposed actions to which
16
clauses 3 to 6 apply.
17
3 Minister must prepare a written proposal
18
The Minister must prepare a written proposal containing:
19
(a) a summary of the action that the Minister is proposing to
20
take; and
21
(b) a statement of the reasons for that proposed action; and
22
(c) a broad indication of the relative costs and benefits to the
23
Government and to the affected public of that proposed
24
action.
25
4 Public to be invited to make submissions
26
The Minister must, by notifiable instrument, publish a notice:
27
(a) stating that the Minister intends to take the proposed action;
28
and
29
(b) describing the manner in which copies of the written proposal
30
can be obtained or inspected; and
31
Schedule 1
Consultation procedures
Section 5
50
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
(c) inviting the public to make written submissions on the
1
proposal and indicating the period within which (not being
2
less than 42 days after the notice is published), and the place
3
at which, written submissions may be made.
4
5 Body or organisations specified under clause 2 to be consulted
5
If a notice specifying a body or organisation under clause 2 is in
6
force, the Minister must:
7
(a) give a copy of the written proposal to the body or
8
organisation; and
9
(b) invite the body or organisation to make written submissions
10
on the proposal and indicate the period within which (not
11
being less than 42 days after receipt of the written proposal),
12
and the place at which, written submissions may be made.
13
6 Submissions
14
Publication of submissions
15
(1) The Minister must cause to be published on the Department's
16
website any submissions received within the periods specified as
17
required by paragraphs 4(c) and 5(b).
18
(2) However, a particular submission made by a person must not be
19
published under subclause (1) if the person has requested the
20
Minister not to publish the submission on the ground that
21
publication of the submission could reasonably be expected to
22
substantially prejudice the commercial interests of the person or
23
another person.
24
(3) A request under subclause (2) must be in writing.
25
Consideration of submissions
26
(4) The Minister must consider all written submissions received within
27
the periods specified as required by paragraphs 4(c) and 5(b)
28
before taking the action to which the submissions relate.
29
Consultation procedures
Schedule 1
Section 7
No. , 2023
Brisbane Airport Curfew and Demand Management Bill 2023
51
7 Failure to comply does not invalidate
1
A failure to comply with this Schedule does not affect the validity
2
of an amendment of this Act or of a legislative instrument making
3
guidelines under subsection 16(5).
4
Schedule 2
Amendments
52
Brisbane Airport Curfew and Demand Management Bill 2023
No. , 2023
Schedule 2--Amendments
1
2
Airports Act 1996
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1 Paragraph 194(1)(a)
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Before "Sydney (Kingsford-Smith) Airport", insert "Brisbane Airport
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or".
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2 Subsection 194(1) (before the note)
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Insert:
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Note 1:
Demand management in relation to Brisbane Airport is dealt with in
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the
Brisbane Airport Curfew and Demand Management Act 2023
.
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3 Subsection 194(1) (note)
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After "Note", insert "2".
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4 Division 8 of Part 13 (heading)
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Before "
Sydney Airport Curfew Act
", insert "
Brisbane Airport
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Curfew Act,
".
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5 Section 210
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Before "the
Sydney Airport Curfew Act 1995
", insert "the
Brisbane
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Airport Curfew and Demand Management Act 2023
and".
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National Emergency Declaration Act 2020
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6 Section 10 (after paragraph (g) of the definition of national
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emergency law)
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Insert:
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(ga) section 14 of the Brisbane Airport Curfew and Demand
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Management Act 2023;
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