Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) REGULATIONS (AMENDMENT) 1998 NO. 207

EXPLANATORY STATEMENT

STATUTORY RULES 1998 No. 207

Issued by the Authority of the Minister for Transport and Regional Development

Airports Act 1996

Airports (Control of On-Airport Activities) Regulations (Amendment)

Section 252 of the Airports Act 1996 ('the Act') allows the Governor-General to make regulations prescribing matters:

(a) required or permitted to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Part 11 of the Act authorises the making of regulations for the control of liquor, gambling, commercial trading, smoking and vehicle movements at certain Commonwealth-owned airports following their leasing.

Section 169 allows the regulations to apply Part 11 of the Act to leased airports. Part 11 already applies to core regulated airports as defined in section 7 of the Act: Sydney, Sydney West, Melbourne, Brisbane, Perth, Adelaide, Coolangatta, Hobart, Launceston, Alice Springs, Canberra, Darwin and Townsville.

Section 170 of the Act provides that regulations may be made to prohibit or regulate the sale, supply, disposal or possession of liquor at a specified airport.

Section 171 of the Act provides that regulations may be made to:

(a) prohibit or regulate the supply of goods or services at a specified airport; or

(b) authorise the supply of goods or services at a specified airport.

Section 172 of the Act provides that regulations may be made to:

(a) make provision for and in relation to prohibiting or regulating the parking or use of vehicles within a specified airport; and

(b) provide for signs and markings for these purposes.

Section 173 of the Act provides that regulations may be made to prohibit or regulate gaming activities at a specified airport.

Section 174 of the Act provides that regulations may be made to prohibit or regulate smoking at a specified airport.

Section 175 of the Act provides that regulations may prescribe penalties not exceeding 50 penalty units for offences against the regulations.

Section 176 of the Act authorises infringement notices under the regulations.

Section 178 of the Act requires the Minister to consult with existing airport operators before making regulations under Part 11. The Minister is required to give each airportoperator company a notice stating there is a proposal to make regulations under Part 11 affecting that airport, at least 30 days before the regulations are made. The notice must invite them to make a submission within 30 days of receiving the notice. The Minister is to have due regard to the submission in dealing with the proposal to make regulations.

The Airports (Control of On-Airport Activities) Regulations ('the Regulations') provide the detail of the regulatory regime for liquor, commercial trading, vehicle movements, gambling and smoking on leased federal airports. The current regulations deal with the regulatory arrangements for those airports sold as part of the Phase 1 and 2 sales - namely Melbourne, Brisbane, Perth, Adelaide, Parafield, Moorabbin, Hobart, Launceston, Canberra, Coolangatta, Archerfield, Townsville, Mount Isa, Darwin, Alice Springs, Tennant Creek and Jandakot airports. The current regulations also apply to Essendon Airport.

The proposed Amendment to the Regulations:

*       confers the non-judicial functions of the NSW Licensing Court on the Secretary of the Department of Transport and Regional Development (see item 5 regulation 2.21B);

*       applies Part 11 of the Act to non-core regulated airports in New South Wales -namely Bankstown, Hoxton Park and Camden airports (see item 4);

*       makes new regulations to preserve existing commercial authorities and modify NSW laws in respect of liquor, commercial trading, gambling and smoking at Sydneybasin airports (see items 5, 7, 16-18);

*       applies the landside vehicle parking regime in Division 4.2 of the Regulations to Sydney Airport (item 9);

*       applies the airside vehicle management regime in Division 4.4 of the Regulations to Sydney-basin airports (item 11); and

*       applies the airside vehicle parking regime in Division 4.3 of the Regulations to Adelaide, Canberra, Coolangatta, Launceston and Parafield airports (see item 10).

The amendments covered in the last dot point required consultation with the five existing airport-operator companies for Adelaide, Canberra, Coolangatta, Launceston and Parafield under section 178 of the Act. The Sydney-basin airports will be leased on 2 July 1998 and are not required to be consulted under section 178.

Further details of the proposed amendments to the Regulations appear in the Attachment.

Further details of the amendments to the Regulations appear in the Attachment.

The Amendment to the Regulations commenced upon gazettal.

ATTACHMENT

Item 1 - Commencement

The Regulations will commence on gazettal.

Item 2 - Amendment

The Airports (Control of Certain On-Airport Activities) Regulations are amended as set out in these Regulations.

PART 1 - INTRODUCTORY

Item 3 - Regulation 1.03 (Definitions

A Part 11 airport means an airport to which Part 11 of the Airports Act 1996 applies.

Item 4 - Regulation 1.04 (Airports to which Part 11 of the Act applies)

Bankstown, Camden and Hoxton Park airports are airports to which Part 11 of the Airports Act 1996 applies.

PART 2 - CONTROL OF LIQUOR

Part 2 of the Regulations:

*       preserve existing authorisations to sell or supply liquor at premises within Phase 1 and 2 leased Federal airports (except Tennant Creek) under the laws applicable in the relevant States and Territories (Part 2); and

*       modify the application of liquor laws in States and Territories in their application to existing and new licensees at Phase 1 and 2 leased Federal airports, as appropriate (Part 2 and the Schedule),

It is proposed to extend this regime to Sydney-basin airports. The Liquor Act 1987 will apply as modified for each of Sydney, Bankstown, Hoxton Park and Camden airports (except for the Burmah concessions at Bankstown and Hoxton Park which will be maintained under a Commonwealth regime). Details are set out below.

Item 5 - (New Division 2.2)

After Division 2.2 a new Division entitled 'Division 2.2-Airports in New South Wales' is inserted.

Regulation 2.20 (Definitions for Division)

A definition of what is the Board, Liquor Act and liquor authorisation has been placed in this subdivision.

Regulation 2.21 (Modifications of Liquor Act - permanent)

Subject to regulation 2.21B (see below), the Liquor Act in its application at: a Part 11 airport in NSW is modified as set out in Subdivision 1 of Division 1 of Part 1 of Schedule 1; and Sydney Airport is further modified as set out in Subdivision 2 of Division 1 of Part 1 of Schedule 1 to the Regulations.

Regulation 2.21A (Modifications of Liquor Act - transitional)

Subject to regulation 2.21B (see below), the Liquor Act is to provide in its application to a liquor licence that a person is taken to hold for premises at a regulated airport in New South Wales, subject to certain modifications as set out in Subdivision 1 of Division 2 of Part 1 of Schedule 1 to the Regulations.

Subject to regulation 2.21B (see below), the Act in its application to Sydney Airport is further modified as set out in Subdivision 2 of Division 2 of Part 1 of Schedule 1 to the Regulations.

The Act in its application to Souvenir World (Airport) Pty Ltd for premises located on the landside in the international terminal at Sydney Airport is modified by omitting subparagraphs 6(i), (5) and (iii). Subparagraph (iv) is also deleted and substituted with a regulation that permits the sale of liquor under 2 litres in any one transaction.

Subject to regulation 2.21B (see below), the Liquor Ad is to apply in its application to a liquor licence that a person is taken to hold for premises at Bankstown Airport, as modified in Subdivision 3 of Division 2 of Part 1 of Schedule 1 to the Regulations.

Regulation 2.21B (Operations of certain provisions of the Liquor Act)

Under the Commonwealth Places (Application of Laws) Act 1970, the Commonwealth may only confer those judicial powers on State Courts that a Federal Court can exercise under the Constitution. The NSW Licensing Court exercises both judicial and certain non-judicial powers. Therefore a regulation is needed to confer the non-judicial power of the Licensing Court on the Secretary of the Department of Transport and Regional Development.

Regulation 2.22 (Transitional - Existing authorities to sell liquor at Sydney (Kingsford-Smith) Airport International Terminal)

The following existing authorisations (however described) held by:

*       Aerolineas Argentinas (located at Landside Level 3);

*       Air New Zealand Ltd (located at Departures Airside Piers B & C);

*       Ansett Australia Limited (located at Arrivals Airside Pier C);

*       Cathay Pacific Airways Limited (located at Arrivals Airside Pier C);

*       Japan Airlines Company Ltd (located at Arrivals Airside Pier C);

*       Malaysia Airline System Berhad (located at Arrivals Airside Pier C);

*       Qantas Airways Limited (located at Arrivals Airside Pier B, Departures Airside Pier B and Arrivals Airside Pier C);

*       Singapore Airlines Limited (located at Departures Airside Pier C);

*       Sydney Airports Corporation Limited (VIP facilities located Airside & Landside);

*       Thai Airways International Public Company Limited (located at Arrivals Airside Pier C);

*       United Airlines Inc (located at Arrivals Airside Pier C);

*       Spotless Catering Services Limited (located at Departures Airside B for Munjara B, Departures Airside C for Munjara C, Departures Landside for Pizza Hut, Departures Landside for the Catalina Bar, Departures Landside for the Airports Bar, Landside Level 3 for the Restaurant, Bistro and Functions, Landside Arrivals for the 'Spirit of Flight' and Landside Arrivals for the 'Arrivals Cafe'); and

*       Caffe Italia Pty Ltd (located at Departures Landside C),

to use premises at Sydney Airport for the purpose of selling and supplying of liquor are to have effect as if they were on-licences granted under section 18 (4) (g) of the Liquor Act. The authorisations are deemed to be in receipt of a certificate of suitability pursuant to section 74A of the Liquor Act.

In regard to authorisation granted by the FAC to Airport Fine Foods Pty Ltd (located at Departures Landside Piers B & C and Departures Airside Piers B & C) to use premises at Sydney Airport for the purpose of selling and supplying of liquor is to have effect as if it were an off-licence (retail) granted under section 18 (3) (a) of the Liquor Act.

Regulation 2.23 (Transitional - Existing authorities to sell liquor at Sydney (KingsfordSmith) Airport - Domestic Terminal)

In regard to authorisations (however described) granted at Sydney Airport (Domestic Terminals) for the purpose of selling and/or supplying of liquor are to have effect as if they were on-licences granted under section 18 (4) (g) of the Liquor Act. Those authorisations are also deemed to be in receipt of a certificate of suitability pursuant to section 74A of the Liquor Act.

Regulation 2.23A (Transitional - Existing authorities to sell liquor elsewhere at Sydney (Kingsford-Smith) Airport

In regard to the following existing authorisations granted by the FAC (however described) held by:

*       Impulse Airlines Pty Ltd;

*       Australian Jet Charter Pty Ltd.,

*       Hazelton Airline Services Pty Ltd;

*       Hawker Pacific Pty Ltd;

*       Sydney Hell-Scenic Ply Ltd.,

*       Sterling Estates (SA) Pty Ltd;

*       Helicopters No. 1 Ply Ltd;

*       Rotor Lift Ply Ltd;

*       Sydney Helicopter Service Pty Ltd;

*       Air Cruising Australia Limited; and

*       Pel-Air Aviation Ply Ltd,

to use premises at Sydney Airport for the purpose of supplying liquor are to have effect as if they were onlicences granted under section 18 (4) (g) of the Liquor Act The authorisations are deemed to be in receipt of a certificate of suitability pursuant to section 74A of the Liquor Act.

In regard to the existing authorisation granted by the FAC (however described) held by the Australian Aviation Club to use premises at Sydney Airport for the purpose of selling and supplying of liquor is to have effect as if it were a functions licence granted under section 18 (5) of the Liquor Act.

Regulation 2.23B (Transitional - proposed hotel at Sydney (Kingsford-Smith) Airport

On the commencement of an airport lease for Sydney (Kingsford-Smith) Airport, Sydney Airports Corporation Limited is to be taken to be granted a hotelier's licence under section 18 (2) (a) of the Liquor Act for the proposed hotel near the international terminal.

Regulation 2.24 (Transitional - Existing authorities to sell liquor Bankstown Airport)

On the commencement of an airport lease for Bankstown Airport, a person (other than Burmah Fuels Australia Limited) who held an authorisation (however described) immediately before commencement (ie Schofields Flying Club Limited and Australian Aviation Museum Incorporated) to use premises at Bankstown Airport for the purpose of selling and supplying of liquor is to have effect as if it were a functions licence granted under section 18 (5) of the Liquor Act.

Regulation 2.24A (Transitional - liquor authorisation held by Burmah Fuels Australia Limited at Bankstown Airport

For the liquor authorisation granted to Burmah Fuels Australia Limited at Bankstown Airport, the NSW Liquor Act will not apply. Despite the granting of the Airport Lease, the FAC By-Laws so far as they apply to the sale of liquor by Burmah will continue until the Regulation ceases on 30 June 2000 or when the authorisation is cancelled or surrendered.

A power under the liquor authorisation or the FAC By-Laws that was exercisable before 1 July 1998 by the FAC is exercisable on or after that day by the Secretary to the Department of Transport and Regional Development.

Regulation 2.24B (Transitional -liquor authorisation held by Burmah Fuels Australia Limited at Hoxton Park Airport)

For the liquor authorisation granted to Burmah Fuels Australia Limited at Hoxton Park Airport, the NSW Liquor Act will not apply. Despite the granting of the Airport Lease, the FAC By-Laws so far as they apply to the sate of liquor by Burma will continue until the regulation ceases on 30 June 2000 or when the authorisation is cancelled or surrendered.

A power under the liquor authorisation or the FAC By-Laws that was exercisable before 1 July 1998 by the FAC is exercisable on or after that day by the Secretary to the Department of Transport and Regional Development.

Regulation 2.25 (Transitional - when liquor licences etc cease)

To reflect the transitional nature of regulations as they apply to existing authorisations, a deemed NSW liquor licence ceases if authorisation contained in a lease, licence, sub-lease or sub-licence ends. or is cancelled under the Liquor Act.

In particular, the hotelier's licence taken to be held by Sydney Airport Corporation Limited under regulation 2.2313 ceases (unless surrendered or cancelled sooner) on 30 June 2008.

Regulation 2.26 (Transitional - dealing with liquor licences etc)

A liquor licence that a person is taken to hold may be treated as if it was held under the Liquor Act.

Regulation 2.27 (Transitional -dealing with person taken to hold liquor licence etc)

A person who is taken to hold a liquor licence may be treated as if the licence

was held under the Liquor Act.

Regulation 2.28 (Transitional -approval of managers)

Division 8A is not to apply to existing authorities until 1 January 1999 so that, during that six month period, liquor licensees are able to seek approval of a manager without being in breach of the Liquor Act.

Regulation 2.29 (Transitional - person taken to hold liquor licence to give copies of plans)

Within a period of 6 months, licensees are to provide to the Liquor Authorisation Board a copy of plans of the premises to which the licence relates showing to the satisfaction of the Board the area of the licensed premises.

Item 6 - Regulation 2.54 (Transitional - when liquor licences cease etc)

This modification corrects a minor drafting error in the Commonwealth Regulations.

PART 3 - COMMERCIAL TRADING

Part 3 of the Regulations:

*       preserves existing consumer trading authorisations at a "regulated airport', defined in regulation 3.01 to mean an airport to which Part 11 of the Act applies; and

*       modifies or disapplies trading hours legislation in New South Wales, Victoria, Queensland, South Australia and Western Australia.

Item 7

Regulation 3.20 (Consumer Trading - Sydney (Kingsford-Smith) Airport)

The nature of Sydney Airport's operations require an ability for commercial businesses to trade 24 hours a day, 365 days a year. Certain provisions of the Factories, Shops and Industries Act 1962 of New South Wales in relation to consumer trading at the Sydney Airport site are omitted: in particular Section 82 of the Act dealing with closing times of mixed shops, Section 84 dealing with trading hours on a Sunday and Section 85 dealing with trading on public holidays.

Regulation 3.21 (Consumer Trading - Other Part 11 airports in New South Wales

For existing licensees, Section 82 of the Act dealing with closing times of mixed shops, Section 84 dealing with trading hours on a Sunday and Section 85 dealing with trading on public holidays are omitted until the current authorisations expire. For future new licensees at Bankstown, Hoxton Park and Camden airports, the Factories, Shops and Industries Act 1962 will apply in full. Where an existing commercial trading authorisation expires at any one of Bankstown, Hoxton Park and Camden airports, State law will then apply.

PART 4 - VEHICLES

Part 4 of the regulations contains a landside vehicle access regime (Division 4.2) and an airside vehicle regime (Division 4.4) and presently apply to all regulated Federal airports.

The Commonwealth's long-term policy objective is that there be no Commonwealth administered landside vehicle access regime for any of the airports. The Commonwealth considers that landside vehicle management is most appropriately dealt with at the State level, given the close relationship between airport operators facilitating the smooth flow of kerbside traffic and State road traffic rules. An interim regime is proposed for Sydney Airport.

Item 8

Regulation 4.01 (Definitions for Part 4)

This item amends the definition of Vehicle Control Handbook to cover the remaining former FAC airports. This means that Sydney (Kingsford-Smith), Bankstown, Camden. Essendon and Hoxton Park airports will be subject to the airside vehicle controls set out in Division 4.4 of the Regulations.

Item 9

Regulation 4.03 (Definitions for Division 4.2

This item applies the landside parking regime in Division 4.2 of the Regulations to Sydney (Kingsford-Smith) Airport. Given the limited timeframe for putting a regulatory regime in place for Sydney-basin airports, R has not been practicable for the New South Wales Government, together with the relevant local council and airport operator, to prepare and implement a regime for the management of landside vehicle movements at Sydney Airport before 30 June 1998. Given the importance of kerbside management at Sydney Airport, the Commonwealth provides an interim landside vehicle regulatory regime for Sydney Airport until 31 December 1998.

Item 10

Regulation 4.30 (Definitions for Division 4.3)

This item applies the airside parking regime in Division 4.3 of the Regulations to Adelaide, Canberra, Coolangatta, Launceston and Parafield airports.

Item 11

Regulation 4.41 (Definitions for Division 4.4)

This item makes two technical amendments to regulation 4.42 consequent on the new regulations inserted by items 12 and 13.

Item 12

Regulation 4.43A (Transitional - previously issued authorities)

This item inserts a new regulation which replaces the transitional arrangements in regulation 4.50. The change is a technical one and provides that a person who held an FAC authority is taken to hold an authority to drive airside (ADA) until the FAC authority expires or is cancelled. The new regulation saves FAC authorities made after 15 May 1997, as authorities made before this date were previously saved by regulation 4.50.

Item 13

Regulation 4.44AA (Transitional - previously issued authorities)

This item inserts a new regulation which replaces the transitional arrangements in regulation 4.50. The change is a technical one and provides that a person who held an FAC authority is taken to hold an authority for use airside (AUA) until the FAC authority expires or is cancelled. The new regulation saves FAC authorities made after 15 May 1997, as authorities made before this date, were previously saved by regulation 4.50.

Item 14

Regulation 4.46 (Authorised Person)

This item makes a minor amendment to regulation 4.46 to make it clear that an authorised person can issue infringement notices for ail offences in Division 4.4.

Item 15

Regulation 4.50 (Transitional - existing authorizations)

This item repeals regulation 4.50 and is consequential upon the. amended transitional arrangements in items 12 and 13.

PART 5 - GAMBLING

Item 16

Regulation 5.01 (Definitions for Part 5)

Regulation 5.01 defines a regulated airport for the purposes of airports on which gambling is prohibited. Given that from 1 July 1998, State gambling and gaming laws will apply to the Sydney-basin airports, the NSW regulated airports need to be exempted from the regulation.

Item 17

Regulation 5.01A (Transitional-gambling at airports In New South Wales)

Existing FAC gaming authorisations are to be preserved until such time as those authorisations expire. The authorisations shall operate under the laws of New South Wales during the transitional period.

Item 18

Regulation 5.03 (Application of certain State and Territory. laws at regulated airports)

Regulation 5.03(1) states that a law of a State permitting gambling activity does not apply within a regulated airport. A reference to Territories is required in the regulation. Further, given that State gambling and gaming laws will apply to the Sydney-basin airports, the regulation is not to apply to NSW regulated airports.

PART 8 - MISCELLANEOUS

Item 19

Regulation 8.01 (Delegations by Secretary)

Under this Regulation, the Secretary may, by instrument, delegate to a Senior Executive Service Officer performing duties in the Department any of the Secretary's powers under the Regulations, other than the power of delegation.

SCHEDULE TO REGULATIONS

Item 20

Schedule 1 (Modification of State liquor legislation)

Omit the current heading and replace with 'Schedule 1 - Modifications of State and Territory Liquor Legislation'.

Before Part 2 insert:

PART 1 - LIQUOR ACT 1982 OF NEW SOUTH WALES

Division 1 - Permanent modifications

Subdivision 1 - Permanent modifications applying at all Part 11 airports in New South Wales

Sub-Item 1 - Section 4 (Definitions)

A definition of airport-operator company is included in this definition.

Sub-Item 2 - Section 40 (Application for conditional grant)

Section 40 of the Liquor Act deals with applications for conditional licences in regard to proposed licensed premises, or proposed additions to or alterations of licensed premises. As the Commonwealth is retaining responsibility for planning matters, S.40(6)(a) is modified by omitting the term 'Local Government Act 1993' and replacing it with 'Commonwealth Airports Act 1996'.

Further, as the Commonwealth is retaining responsibility for environmental matters, S.40(6)(b) seeking any consents required under the NSW Environmental Planning and Assessment Act 1979 for the carrying out of that work is omitted.

Sub-Item 3 - Section 60 (Final grant of application)

Section 60 of the Liquor Act deals with the final granting of an application. S. 60(2) states that the registrar is not to make a final grant of an application to erect, add to, or alter, premises unless the applicant for the final grant produces evidence by which the registrar is satisfied that the work of erection, addition or alteration has been completed substantially in accordance with the approved plan on the basis of which the conditional application was granted.

As the Commonwealth is retaining responsibility. for planning matters, including building controls, the registrar should be satisfied that the applicant has complied with all of the requirements of the Commonwealth Airports Act 1996.

Sub-item 4 - Section 136 (Communication between licensed and unlicensed premises)

Under S. 136, a person shall not, without the consent of the Board, make or use, or allow to be made or used, an internal communication (eg take un-sealed alcohol for consumption in the vicinity) between premises that are not licensed premises. This section has been omitted.

Subdivision 2 - Permanent modifications applying only at Sydney (Kingsford-Smith) Airport

Sub-Item 5 - Section 4 (Definitions)

Given the scale of business at Sydney Airport, and the airport operator's role as landlord, it 'is more appropriate, and practicable, for the airport-operator company to replace the local council as the local consent authority. Therefore, the term 'local consent authority' is omitted and replaced with 'airportoperator company'.

Sub-Item 6 - Section 20 (Conditions of licence)

Section 20(4) states that it is a breach of a condition of a licence to sell liquor on licensed premises at a time other than a time permitted by Division 3 of the Liquor Act. Given that Division 3 of the Act relating to trading hours is omitted, s. 20(4) is consequently omitted.

Sub-Item 7 - Section 23 (On-licence - miscellaneous conditions)

The Commonwealth deems a number of FAC authorisations to be on-licences granted under section 18 (4) (g) of the Liquor Act. In the main, these licences relate to VIP facilities, airline club members and their invited guests. Section 23 (3A) of the Liquor Act must be omitted otherwise it would require the VIP facilities and airline lounges to open their premises to members of the public other than VIPs, club members and their invited guests.

Sub-Item 8 - Part 3 (Licences)

Given the nature of Sydney Airport operations, flexibility is required for trading 24 hours a day, 365 days a year. Division 3 of the Liquor Act relating to trading hours is omitted.

Sub-Item 9 - Section 44 (Right of Objection)

The opportunity at Section 44(1)(b) for an objection to the grant of an application by the court to be taken by a person authorised in writing by 3 or more residents of the neighbourhood within those premises is omitted. S. 44(1)(a) adequately covers the interests of Sydney Airport stakeholders (ie the airport-operator company as owner of the premises can object).

Sub-item 10 - Section 67 (Summons to show cause against taking of disciplinary action)

The opportunity at Section 67 (1)(b) for a complaint in relation to a licensee or manager to be made in writing by 3 or more residents residing in the vicinity of the licensed premises, is omitted. S. 67(1)(a) adequately covers the interests of Sydney airport stakeholders (ie the airport-operator company as owner of the premises can complain).

Sub-item 11 - Section 74A (Certificate of suitability for on-licence)

Section 74(A)(2)(a) of the Liquor Act requires the Liquor Board before issuing a certificate of suitability for an on-licence to satisfy itself that the business proposed to be carried on pursuant to a licence relating to the premises would not be carried on in contravention of Section 23 (3A). As the Commonwealth is omitting Section 23 (3A) (see above), Section 74(A)(2)(a) is also omitted.

Sub-Item 12 - Section 104 (Quiet and good order of neighbourhood)

Section 104(1AA)(a) deals with the quiet and good order of the neighbourhood. The opportunity for a complaint to be made in writing by 3 or more residents residing in the vicinity of the licensed premises is omitted. S. 104(1AA)(c) adequately covers the interests of Sydney airport stakeholders (ie the airport-operator company as owner of the premises can complain).

Sub-Item 13 - Section 111C (Conditions of minors function authority)

Section 111C of the Liquor Act deals with conditions of minors functions authority. In particular, s. 111C(3)(a) states that the Licensing Court may revoke or vary a condition of a minors functions authority imposed by it at any time on the application of the local council within the boundaries of which the licensed premises are situated.

Given the scale of business at Sydney Airport, and the airport operator's role as landlord, the Commonwealth believes it is more appropriate, and practicable, for the airport-operator company to replace the local council for this purpose. The term 'local council' is replaced with 'airport-operator company'.

Sub-item 14 - Section 111D (Complaints relating to minors functions authority)

Section 111D deals with complaints relating to minors functions authority. In particular, s. 111D(1) states that a complaint may be made on certain grounds against a licensee by the Commissioner of Police, the Director or a person authorised by the local council within the boundaries of which the licensed premises are situated.

Given the scale of business at Sydney Airport, and the airport operator's role as landlord, the Commonwealth believes R is more appropriate and practicable for the airport-operator company to replace the local council for this purpose. We therefore propose that the term 'local council' be replaced with 'airport-operator company'.

Division 2 - Transitional modifications

Subdivision 1 - Transitional modifications applying at all Part 11 airports in New South Wales

Sub-Item 15 - Part 3 (Licences)

Division 8A is disapplied in its application to existing authorities until 1 January 1999 to provide a suitable amount of time for licensees to seek NSW Government approval of managers of the licensed premises on the airports.

Sub-Item 16 - Section 101 (Control of licensed premises)

Section 101 deals with the control of licensed premises. It states that a licensee shall not let or sublet the right to sell liquor on licensed premises. A number of current contractual arrangements in FAC liquor authorisations involve the concept of subletting rights. The rights to the same need to be preserved until those authorisations expire and an appropriate modification to the Liquor Act is made.

Subdivision 2 - Transitional modifications applying only at Sydney (Kingsford-Smith)

Sub-item 17 - Section 90 (Boundaries of licensed premises)

Section 90(1A) allows a redefinition application for existing licensees to be deemed to be automatically approved on receipt by the Board so long as the licensed area remains within the terminal where the licensee is located.

Subdivision 3 - Transitional modifications applying only at Bankstown Airport

Sub-item 18 - Section 20 (Conditions of licence

Section 20(4) states that it is a breach of a condition of a licence to sell liquor on licensed premises at a time other than a time permitted by Division 3 of the Liquor Act. Given that Division 3 of the Act relating to trading hours is omitted, s. 20(4) is consequently omitted.

Sub-Item 19 - Part 3 (Licences)

Division 3 relating to trading hours is omitted to ensure that existing trading authorisations are preserved.


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