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THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Brisbane Airport Curfew and Demand Management Bill 2022
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Adam Bandt MP
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Brisbane Airport Curfew and Demand Management Bill 2022
OUTLINE
This Bill imposes a curfew at Brisbane Airport along with a number of related measures to
manage air traffic, flight noise and community impacts, as well as ensuring that consultative,
long-term planning underpins future planning.
Clause 1: Short Title
This clause provides for the Act to be cited as the Brisbane Airport Curfew and Demand
Management Bill 2022.
Clause 2: Commencement
This clause provides for the whole of this Act to commence the day after it receives Royal
Assent.
Clause 3: Definitions
This clause lays out definitions for terms and phrases used throughout the Bill.
Clause 4: Disapplying Part 2.5 of the Criminal Code
This item clarifies that Part 2.5 of the Criminal Code does not apply to an offence against this
Act.
Clause 5: Time is legal time in Queensland
This clause clarifies that references in this Act to time are references to legal time in
Queensland.
Clause 6: Crown to be bound
This clause clarifies the Act's relationship with the Crown.
Clause 7: Extra-terrestrial operation
This clause clarifies that this Act extends to acts, omissions, matters and things outside
Australia, whether or not in a foreign country.
Clause 4: Schedules
This clause describes the effect of Schedule 2 of the Act.
Clause C4, C5, 72, 73: Clarifications
This clause clarifies elements of the Act and how the bill interacts with existing law and
international laws.
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Part 2 - The Curfew
Clause 9, 10, 11, and 12
This clause clarifies that the curfew will be from 10 PM to 6 AM the following day and the
penalty for flights taking off or landing outside the curfew. This clause also clarifies the
penalty for the use of reverse engine thrust outside of the curfew and the stipulations for
lodging a return and for landing outside of the curfew due to a missed approach and the
stipulations for lodging a return.
Division 2 - Exceptions
Clause 13, 14, 15, 16 Exceptions to the Curfew
This division establishes the regulations or circumstances under which flights may take off or
land outside of the curfew period. These include emergencies (and the definition for
emergencies), special dispensation agreed to by the Minister for exceptional circumstances.
Division 3--Provision of information
Clause 17
This clause establishes the penalty for aircrafts not complying with a request for information
from an authorised person.
Part 3--The maximum aircraft movement limit
Clauses 18, 19, 20, 21
This Part sets the maximum aircraft movement limit as 45 in any regulated hour, but clarifies
that the Minister has the power to lower that limit through legislative instrument. Before
making that decision the Minister would have to broadly consult with industry and South East
Queensland community stakeholders, providing notice of that consultation ahead of time.
This part also establishes that Airservices Australia will monitor flight movements and report
to the Minister on Brisbane Airport's compliance and infringement with the movement limit.
Part 4--Unauthorised gate movements
Division 1--Unauthorised gate movements
Clauses 22, 23, 24, and 25
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This Division clarifies the gate movements that are authorised under the slot management
scheme set out in this Bill, and defines terms related to slot movements, and establishes the
penalties for engaging in unauthorised gate movements.
Division 2--Exceptions
Clauses 26, 27, 28, and 29
This division establishes the exceptions to the prohibition on gate movements laid out in
Division 1 or Part 3. Namely, in 29 the Bill establishes that the Slot Manager may enable
gate movements at Brisbane Airport in circumstances that would otherwise result in the
operator contravening a civil penalty in the case of emergencies and dispensations based on
exceptional circumstances. Additionally, an exception is stipulated for state aircrafts
including aircrafts used by the defence force, customs or police services.
Part 5--The Slot Management Scheme
Division 1--Framework within which Scheme to be developed and to operate
Clauses 30, 31, 32, 33, and 34
This Part of the Bill establishes the Slot Manager Scheme and its basic purpose, which is to
establish a system for the allocation of permissions for gate movements at Brisbane Airport,
including definitions and detailed contents in the scheme. While the Scheme establishes the
powers of the Slot Manager, clause 36 and 37 outline the powers and requirements for the
Minister to alter the Scheme and the Slot Manager's responsibilities.
Division 2--Development and amendment of Scheme
Subdivision A--Development
Clauses 35, 36, 37, 38, and 39
This Subdivision lays out the process of development and amendment of the Slot Manager
Scheme, consistent with the framework established in clause 35. The Slot Manager will
develop a draft Scheme for submission to the Minister who can then request amendments
and resubmission.
The Subdivision also details how failure to comply with the Minister's requested
amendments will be managed, and what consultation the Slot Manager must undertake in
order to complete the Scheme. Finally it clarifies that authority to approve the Scheme lies
with the Minister, who must then determine if the Scheme has been approved through a
legislative instrument that includes clarification on the Scheme's start date.
Subdivision B--Amendment
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Clauses 40, 41, 42, 43, and 44
This Subdivision lays out the process for the Slot Manager to amend the Slot Management
Scheme, including the consultation and approval requirements.
Division 3--Powers of Minister and Compliance Committee in relation to slot
allocation
Clauses 45 and 46
These clauses lay out the powers of the Minister and the Compliance Committee in relation
to slot allocation.
Part 6--The Compliance Scheme
Division 1--Framework within which Scheme to be developed and to operate
Clauses 47, 48, 49, and 50
This Division of the Bill establishes the Compliance Scheme and its basic purpose, which is
to establish a system for the monitoring of authorised gate movements and infringements
under the slot management scheme set out in this Bill. This Division also establishes the
process for the Minister to amend the Scheme, and clarifies the Minister's obligations for
taking action if the Scheme is inconsistent with clause 49.
Division 2--Development and amendment of Scheme
Subdivision A--Development
Clauses 51, 52, 53, and 54
This Subdivision lays out the process for development and amendment of the Compliance
Scheme by the Compliance Committee. The Compliance Committee will develop a draft
Scheme for submission to the Minister who can then request amendments and
resubmission. Clauses 54 and 55 lay out the approval process for the Scheme, with
particular reference to the Scheme's commencement date.
Subdivision B--Amendment
Clauses 55, 56, 57, and 58
This Subdivision lays out the process for the Compliance Committee to amend the
Compliance Scheme, including approval requirements.
Division 3--Modification of Scheme in exceptional circumstances
Clause 59
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This clause explains the Minister's power to determine modifications under exceptional
circumstances justifying the making of the determination.
Part 7--The Slot Manager
Clauses 60, 61, 62, 63, 64, and 65
This Part establishes that there will be a Slot Manager for Brisbane Airport and clarifies the
position's responsibility for the development, administration and amendment of the Slot
Management Scheme. The Part also covers the method of appointment, the legal position,
the termination, legal protection and process of changing the Slot Manager.
Part 8--The Compliance Committee
Clauses 66, 67, 68, and 69
This Part establishes the Compliance Committee for Brisbane Airport and clarifies the
Committee's responsibility for the development, administration and amendment of the
Compliance Scheme. The Part also covers the regulations for the Committee including
method of appointment, the legal position and protection, and other matters.
Part 9--The Long Term Operating Plan
Clause 70
This clause establishes that the Minister must develop a Long Term Operating Plan that
covers the management of aircraft movements and airspace at Brisbane airport including
flight noise abatement, community impact and other related matters. The Clause also
stipulates that there must be broad consultation, and specific consideration given to
minimising noise and disturbance to residents, including directing flights to take-off and land
over Moreton Bay. This is critical as no consideration has been given to this matter, and as a
result residents are suffering from noise and amenity impacts. The Plan must be tabled in
Parliament 12 months and the Minister must take all reasonable steps to ensure the Plan is
implemented.
Part 10--Miscellaneous
Clauses 71, 72, 73, 74, 75, 76, 77, and 78
This Part deals with a number of disparate elements explaining the Minister's obligations
around consulting prior to reports being tabled in Parliament, the operation of civil penalties
and infringement notices, the conduct of directors, employees and agents, evidentiary
certificates, interaction with the Competition and Consumer Act 2010, delegated powers
from the Minister, and general regulations.
Schedule 1 - Consultation procedures
This Schedule sets out obligations, determinations and procedures for a consultation
process undertaken by the Minister.
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Schedule 2 - Amendments
Airports Act 1996
Item 1 Paragraph 194(1)(a)
Before "Sydney (Kingsford-Smith) Airport", insert "Brisbane Airport or".
Item 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.
Item 3 Subsection 194(1) (note)
After "Note", insert "2".
Item 4 Division 8 of Part 13 (heading)
Before "Sydney Airport Curfew Act", insert "Brisbane Airport Curfew Act,".
Item 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
Item 6 Section 10 (after paragraph (g) of the definition of national emergency law)
Insert: (gas) section ^C18 of the Brisbane Airport Curfew and Demand Management Act
2022;
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Brisbane Airport Curfew and Demand Management Bill 2022
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the bill
This Bill imposes a curfew at Brisbane Airport along with a number of related measures to
manage air traffic, flight noise and community impacts, as well as ensuring that consultative,
long-term planning underpins future planning.
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights because it does not raise any human rights issues.
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