Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Regulation 7.02, after definition of accounts
insert
"aeronautical services and facilities" has the meaning given by regulation 7.02A.
[2] Regulation 7.02, after definition of financial statements
insert
"non-aeronautical services and facilities" means services and facilities provided at an airport that are not aeronautical services and facilities.
"specified airport" means an airport specified by regulation 7.02B.
[3] After regulation 7.02
insert
7.02A Meaning of aeronautical services and facilities
(1) For this Part, aeronautical services and facilities means those services and facilities at an airport that are necessary for the operation and maintenance of civil aviation at the airport, and includes each service or facility that is :
(a) mentioned in an item in Table 1 (aircraft‑related); or
(b) mentioned in an item in Table 2 (passenger‑related).
Table 1 Aircraft‑related services and facilities
|
Item |
Services and facilities |
|
1 |
Runways, taxiways, aprons, airside roads and airside grounds |
|
2 |
Airfield and airside lighting |
|
3 |
Aircraft parking sites |
|
4 |
Ground handling (including equipment storage and refuelling) |
|
5 |
Aircraft refuelling (including a system of fixed storage tanks, pipelines and hydrant distribution equipment known as a Joint User Hydrant Installation or JUHI) |
|
6 |
Airside freight handling and staging areas essential for aircraft loading and unloading |
|
7 |
Navigation on an airfield (including nose‑in guidance systems and other visual navigation aids) |
|
8 |
Airside safety and security services and facilities (including rescue and fire‑fighting services and perimeter fencing) |
|
9 |
Environmental hazard control |
|
10 |
Services and facilities to ensure compliance with environmental laws |
|
11 |
Sites and buildings used for light or emergency aircraft maintenance |
Table 2 Passenger‑related services and facilities
|
Item |
Services and facilities |
|
1 |
Public areas in terminals, public amenities, lifts, escalators and moving walkways |
|
2 |
Necessary departure and holding lounges, and related facilities |
|
3 |
Aerobridges and buses used in airside areas |
|
4 |
Flight information and public‑address systems |
|
5 |
Facilities to enable the processing of passengers through customs, immigration and quarantine |
|
6 |
Check‑in counters and related facilities (including any associated queuing areas) |
|
7 |
Terminal access roads and facilities in landside areas (including lighting and covered walkways) |
|
8 |
Security systems and services (including closed circuit surveillance systems) |
|
9 |
Baggage make‑up, handling and reclaiming facilities |
|
10 |
Space and facilities, whether in landside or airside areas, that are necessary for the efficient handling of arriving and departing aircraft (eg airline crew‑rooms and airline operations centres) |
(2) In this regulation, airside area and landside area have the respective meanings given in section 9 of the Aviation Transport Security Act 2004 .
(3) To avoid doubt, aeronautical services and facilities does not include services or facilities:
(a) relating to the provision of a high‑quality service to certain passengers; or
(b) that are not necessary for the efficient operation of civil aviation.
7.02B Specified airports (Act s 140)
For paragraph 140 (1) (a) of the Act, the following airports are specified:
(a) Adelaide Airport;
(b) Brisbane Airport;
(c) Melbourne (Tullamarine) Airport;
(d) Perth Airport;
(e) Sydney (Kingsford‑Smith) Airport.
[4] Subregulation 7.03 (1)
substitute
(1) For subsection 141 (2) of the Act, the airport‑lessee company for a specified airport must prepare, for each relevant period:
(a) consolidated accounts and financial statements, in accordance with AASB Standard No. 127 ('Consolidated and Separate Financial Statements') as in force for that period for itself and all airport‑management companies for the airport, as if those airport‑management companies were subsidiaries of the airport‑lessee company; and
(b) consolidated financial statements for the operations, in relation to the airport, of itself and all airport‑management companies at the airport, that separately show financial details in relation to the provision of:
(i) aeronautical services and facilities; and
(ii) non‑aeronautical services and facilities;
including the details of costs associated with maintenance (including repair) of those services and facilities.
Note The aeronautical costs and revenues to be included for an airport‑lessee company are those resulting from the provision and use of aeronautical services and facilities and which are recovered by airport operators either directly or indirectly (eg through third party suppliers, such as fuel throughput levies) from airlines.
(1A) However, subregulation (1) does not apply in relation to a passenger‑related service or facility that is located on premises in a passenger terminal if the premises are the subject of a lease (known as a 'Domestic Terminal Lease') that was in force when the airport lease was granted to the airport‑lessee company.
(1B) In subregulation (1A), passenger‑related service or facility means a service or facility mentioned in an item in Table 2 in subregulation 7.02A (1).
[5] Subregulation 7.03 (2)
omit
core regulated
insert
specified
[6] Subregulation 7.03 (2A)
substitute
(2A) A statement required by paragraph (2) (b) must show the financial details set out in subregulation (2B) of the company's operations in providing aeronautical services and facilities at an airport separately from those financial details of the company's operations in providing non‑aeronautical services and facilities at the airport.
[7] Subregulation 7.03 (4), definitions of aeronautical services , airside , landside and non‑aeronautical services
omit
[8] Regulation 7.03A
omit
[9] Subregulation 7.07 (1)
substitute
(1) For subsection 145 (1) of the Act, an airport‑operator company must report to the ACCC, for each financial year, the total average staff equivalent of the persons employed at the airport concerned with the provision of:
(a) aeronautical services and facilities; and
(b) non‑aeronautical services and facilities.