Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 173, 1997
Compilation No. 12
Compilation date: 5 March 2016
Includes amendments up to: Act No. 126, 2015
Registered: 12 May 2016
About this compilation
This compilation
This is a compilation of the Sydney Airport Demand Management Act 1997 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Identifying defined terms
4 Overview
5A Part IIIA of the Competition and Consumer Act 2010 to be subject to this Act
Part 2--The maximum aircraft movement limit at Sydney Airport
6 Maximum movement limit
7 Minister's power to determine a lower maximum movement limit
8 Consultation about determination of lower maximum movement limit
9 Airservices Australia to monitor compliance with maximum movement limit and to report to Minister
Part 3--Penalties for unauthorised gate movements
Division 1--Situations in which penalties apply
10 Gate movements to which this Part applies
11 Meaning of no-slot movement and off-slot movement
12 Prohibition on no-slot movements
13 Prohibition on off-slot movements
Division 2--Civil penalties
14 Pecuniary penalties for contravention of civil penalty provisions
15 Procedural matters
16 No criminal proceedings for contravention of civil penalty provision
Division 3--Infringement notices (alternative to proceedings for civil penalty)
17 Interpretation
18 Purpose and effect of this Division
19 Issue of infringement notices
20 Infringement notice penalty
21 Infringement notice penalty is payable to the Slot Manager on behalf of Commonwealth
22 Time for payment
23 Contents of infringement notice
24 Person issued with infringement notice may initiate proceedings in the Federal Court for a determination of whether there has been a contravention
25 Withdrawal of infringement notice
26 Effect of payment of infringement notice penalty
Division 4--Obligations in relation to money received under this Part
27 Civil penalties and infringement notice penalties to be paid to the Commonwealth
28 Slot Manager to apply money for purposes of functions under this Act
Division 5--Exemptions
29 Aircraft may make gate movements in emergencies or if Slot Manager grants dispensation
30 Emergencies
31 Dispensations in exceptional circumstances
32 State aircraft
Part 4--The Slot Management Scheme
Division 1--Framework within which Scheme to be developed and to operate
33 The Scheme and its basic purpose
34 The concept of a slot
35 Contents of Scheme
36 Minister's power to determine additional requirements
37 Consequence of Scheme not being consistent with section 35
Division 2--Development and amendment of Scheme
Subdivision A--Development
38 Slot Manager to develop slot management scheme and submit it for approval
39 Minister's power to request or make amendments
40 Approval of scheme
41 When Slot Management Scheme comes into force
Subdivision B--Amendment
42 Slot Manager may develop amendments of Slot Management Scheme and submit them for approval
43 Minister's power to request or develop amendments
44 Approval of amendments
45 When an amendment comes into force
Division 3--Powers of Minister and Compliance Committee in relation to slot allocation
46 Minister's powers
47 Compliance Committee's powers
Part 5--The Compliance Scheme
Division 1--Framework within which Scheme to be developed and to operate
48 The Scheme and its basic purpose
49 Contents of Scheme
50 Minister's power to determine additional requirements
51 Consequence of Scheme not being consistent with section 49
Division 2--Development and amendment of Scheme
Subdivision A--Development
52 Compliance Committee to develop compliance scheme and submit it for approval
53 Minister's power to request or make amendments
54 Approval of scheme
55 When Compliance Scheme comes into force
Subdivision B--Amendment
56 Compliance Committee may develop amendments of Compliance Scheme and submit them for approval
57 Minister's power to request or develop amendments
58 Approval of amendments
59 When an amendment comes into force
Division 3--Modification of Scheme in exceptional circumstances
59A Minister's power to determine modifications
Part 6--The Slot Manager
60 The Slot Manager
61 Appointment of Slot Manager
62 The legal position of the Slot Manager
63 Termination of appointment
64 Protection of Slot Manager etc. from legal actions
65 Change of Slot Manager
Part 7--The Compliance Committee
66 The Compliance Committee
67 Regulations may deal with appointment and other matters
68 The legal position of the Compliance Committee
69 Protection of Compliance Committee from legal actions
Part 8--Miscellaneous
70 Evidentiary certificates
71 Delegation
72 Crown to be bound
73 Extra-territorial operation
74 Regulations
Schedule 1--Definitions
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 1--Legislation history
Endnote 2--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Number and year | Assent | Commencement | Application, saving and transitional provisions | |
173, 1997 | 17 Nov 1997 |
| ||
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 910): 5 Dec 1999 (s 2 and gaz 1999, No S584) | -- |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 391-394, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
45, 2001 | 5 June 2001 | 5 June 2001(s 2) | -- | |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | s 4-14 and Sch 3 (items 507, 508): 15 July 2001 (s 2(3) and gaz 2001, No S285) | |
8, 2005 | 22 Feb 2005 | s. 4 and Sch 1 (items 424, 425, 496): 22 Feb 2005 (s 2(1) items 1, 2, 10) | s. 4 and Sch. 1 (item 496) | |
109, 2006 | 27 Sept 2006 | Sch 2 (items 83-96): 27 Sept 2006 (s (2) items 5) | -- | |
83, 2008 | 12 July 2008 | Sch 1: 12 Jan 2009: 12 Jan 2009 (s 2(1) item 2) | Sch. 1 (items 43, 45) | |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (items 1, 104): 1 Jan 2011 (s 2(1) items 3, 5) | -- |
136, 2012 | 22 Sept 2012 | Sch 3 (item 8) and Sch 6 (items 80, 81): 22 Sept 2012 (s 2(1) items 35, 37) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept, 2015 | Sch 1 (items 596-599): 5 Mar 2016 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s. 4..................... | am. No. 83, 2008 |
s. 5..................... | rep. No. 136, 2012 |
Heading to s. 5A............ | am. No. 103, 2010 |
s. 5A.................... | ad. No. 45, 2001 |
| am. No. 103, 2010 |
Part 2 |
|
s. 6..................... | am. No. 83, 2008 |
s. 7..................... | am. No. 109, 2006 |
s. 8..................... | am. No. 83, 2008; No 126, 2015 |
Part 3 |
|
Heading to Part 3........... | rs. No. 83, 2008 |
Division 1 |
|
s. 10.................... | rs. No. 83, 2008 |
Subhead. to s. 11(4) ......... | am. No. 83, 2008 |
s. 11.................... | am. No. 83, 2008 |
Note to s. 11(6) ............ | am. No. 83, 2008 |
am. No. 83, 2008 | |
Division 4 |
|
Heading to s. 27............ | am. No. 8, 2005 |
s. 27.................... | am. No. 8, 2005 |
Division 5 |
|
Heading to s. 29............ | am. No. 83, 2008 |
s. 29.................... | am. No. 83, 2008 |
s. 30.................... | am. No. 83, 2008 |
s. 31.................... | am. No. 83, 2008 |
s. 32.................... | am. No. 136, 2012 |
Part 4 |
|
Division 1 |
|
s. 33.................... | am. No. 83, 2008 |
s. 34.................... | am. No. 83, 2008 |
s. 35.................... | am. No. 45, 2001; No. 83, 2008 |
s. 36.................... | am. No. 109, 2006; No. 83, 2008 |
Division 2 |
|
s. 40.................... | am. No. 109, 2006 |
s. 44.................... | am. No. 109, 2006 |
Division 3 |
|
s. 46 ................... | am. No. 55, 2001; No. 83, 2008; No 126, 2015 |
Part 5 |
|
Division 1 |
|
s. 49.................... | am. No. 83, 2008 |
s. 50.................... | am. No. 109, 2006 |
Division 2 |
|
s. 54.................... | am. No. 109, 2006 |
s. 58.................... | am. No. 109, 2006 |
Division 3 |
|
Div. 3 of Part 5............. | ad. No. 83, 2008 |
s. 59A................... | ad. No. 83, 2008; No 126, 2015 |
Part 6 |
|
s. 61 ................... | am. No. 55, 2001 |
s. 62.................... | am. No. 137, 2000 |
Part 8 |
|
s. 70.................... | am. No. 83, 2008 |
s. 71.................... | am. No. 146, 1999; No. 83, 2008 |
s. 74.................... | am. No. 83, 2008 |
Schedule 1 |
|
Schedule 1................ | am. No. 83, 2008 |
Schedule 2................ | rep. No. 136, 2012 |