AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) REGULATIONS (AMENDMENT) 1998 NO. 98

Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) REGULATIONS (AMENDMENT) 1998 NO. 98

EXPLANATORY STATEMENT

STATUTORY RULES 1998 No. 98

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 lease to private operators.

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 for the airport 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 only deal with the regulatory arrangements for those airports sold as part of the Phase 1 sales -namely Melbourne, Brisbane and Perth airports.

The Amendment to the Regulations:

* applies Part 11 of the Act to leased Phase 2 airports that are not core-regulated airports - namely Archerfield, Essendon, Jandakot, Moorabbin, Mount Isa, Parafield and Tennant Creek airports (see item 4);

* makes new regulations to modify State and Territory laws in respect of liquor, commercial trading, gambling and smoking at airports leased as part of the Phase 2 airport sales (see items 1-29, 33-36, 39);

* applies the airside vehicle management regime in Part 11 of the Regulations to Phase 2 airports (item 29);

* amends the existing vehicle movements regime for Phase 1 airports by extending the parking rules to the airside of those airports (items 29-32, 3738);

* introduces two new offences for airside vehicle operation (see item 33); and

* makes a number of minor amendments to deal with issues raised by the Senate Regulations and Ordinances Committee and correct typographical errors.

The amendments covered in the last three dot points required consultation with the three existing airport-operator companies for Brisbane, Melbourne and Perth under section 178 of the Act. The Phase 2 airports were not leased when these regulations were made and, thus, are not required to be consulted under section 178.

The Phase 2 airports are: Adelaide and Parafield in South Australia; Essendon and Moorabbin in Victoria; Hobart and Launceston in Tasmania; Canberra in the Australian Capital Territory; Coolangatta, Archerfield, Townsville and Mount Isa in Queensland; Darwin, Alice Springs and Tennant Creek in the Northern Territory; and Jandakot in Western Australia.

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 commence on gazettal.

Item 2 - Amendment

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

Item 3 - New Regulation 1.03

The term "terminal area" is defined in the regulations as meaning an airport's passenger terminal buildings used for the purposes of processing the departures and arrivals of persons engaged in regular passenger transport operations (within the meaning of the Air Navigation Act 1920).

Item 4 - New Regulation 1.04

Part 11 of the Airports Act is to apply to Essendon, Moorabbin, Parafield, Archerfield, Mt Isa, Tennant Creek and Jandakot airports.

* Mt Isa is to be prescribed to preserve the existing liquor authorisations at that airport and to apply the airside vehicle management regime.

* Tennant Creek is to be prescribed to apply the airside vehicle management regime.

* There is no requirement to prescribe Adelaide, Canberra, Coolangatta, Darwin, Alice Springs, Hobart, Launceston, Townsville in the Regulations as they are already defined as core regulated airports pursuant to Section 7 of the Airports Act.

PART 2 - CONTROL OF LIQUOR

Part 2 of the Regulations are to extend to the Phase 2 airports. Given that different legislative and regulatory regimes apply in each State and Territory, there will be some differences in approach for each. Details are set out below.

Item 5 - Regulation 2.11 (Definitions for Part)

Previously, the definition of 'regulated airport' referred to an airport to which Part 11 of the Airports Act applied. The amendments have broadened the definition to state that for the application to an airport to which Part 11 of the Act applies a State or Territory law about the control of liquor is taken to be licensees for the airport.

Item 6 - Division 2.3 (Airports in Victoria)

The relevant State law is the Liquor Control Act 1987 (the VLC Act).

After the heading of Division 2.3, a new subdivision has been inserted entitled:

> 'Sub-division 2.3.1 - Preliminary'.

Now that the airports from Phase 2 in Victoria (Essendon and Moorabbin) are to be subject of a number, but not all, of the Regulations that apply to the Melbourne Airport in regard to liquor, it is necessary to have separate Divisions or Sub-divisions for each of the Phase 1 and 2 airport categories. This takes account of the different nature of business activities and liquor licensing requirements between the larger airports and the general aviation airports.

Sub-division 2.3.1 has been created to cover arrangements that are generic and not specific to certain Commonwealth-owned airports in Victoria.

Item 7 - Regulation 2.31 (Definitions for Division)

The regulation has been omitted from this sub-division as it specifically defines the meaning of an existing liquor authorisation as it relates to Melbourne Airport. The definition is more appropriately placed in sub-division 2.3.2 that deals exclusively with Melbourne airport matters.

Item 8 - Regulation 2.32 (Application of LC Act)

The previous regulation 2.32 stated that the application of the VLC Act at a regulated airport in Victoria is modified as set out in Part 2 of Schedule 1. The regulation has been amended to state that the application of VLC Act at Melbourne Airport is modified as set out in Division 2.1 of Part 2 of Schedule 1. The VLC Act in its application to Essendon and Moorabbin airports will not be amended at this time.

item 9 - New Subdivision 2.3.2 and Regulation 2.32A

After Regulation 2.32, a new subdivision has been inserted entitled:

> 'Sub-division 2.3.2 - Melbourne Airport'.

Regulation 2.32A (Definition for Subdivision)

A definition of what is an existing liquor authorisation for Melbourne Airport has been placed in this sub-division. Previously, this definition was placed in sub-division 2.3.1 as Regulation 2.31.

Item 10 - Regulation 2.33 (Transitional - existing authorities to sell liquor)

Regulation 2.33(1) states that a person who holds an existing authorisation continues to be authorised to sell or supply liquor within Melbourne Airport. Regulation 2.33(1) has been clarified by making it subject to Regulations 2.34 and 2.35 which respectively state that existing authorisations, or holders of those authorisations, may be dealt with under the VLC Act as if it were a licence under the Act.

Item 11 - Division 2.3 (Airports in Victoria)

At the end of the Division, it is proposed to insert the sub-division entitled:

> 'Sub-division 2.3.3 - Essendon Airport and Moorabbin Airport'.

Regulation 2.37A (Definition for Subdivision)

The meaning of "liquor authorisation" for Moorabbin and Essendon airports has been incorporated in the subdivision.

Regulation 2.37B (Transitional - existing authorities to sell liquor)

Existing authorities to sell liquor at Essendon and Moorabbin airports have been deemed to be licences issued under Victorian law, with the State subsequently able to deal with the licences as appropriate.

In regard to authorisations granted by the FAC at Essendon and Moorabbin airports, existing authorisations are to be preserved as follows:

* in the case of Flightdeck Sports Club Pty Ltd and its premises at Essendon Airport - a general (Class 2) licence under subsection 47(3) of the VLC Act;

* in the case of Lone Star Steakhouse and Saloon Bar Pty Ltd at Moorabbin Airport an on premises (restaurant) licence under subsection 50(2)(d) of the VLC Act;

* in the case of the Royal Victorian Aero Club at Moorabbin Airport - a limited licence under section 52 of the VLC Act; and

* in the case of Moorabbin Golf Club at Moorabbin Airport - a limited licence under section 52 of the VLC Act.

Regulation 2.37C (Transitional - when liquor licence ceases)

A liquor licence held under regulation 2.37B ceases if the liquor authorisation conferred in a lease or licence ceases or when the liquor licence would expire under the VLC Act.

Regulation 2.37D &E (Transitional - treatment of liquor licence and persons taken to hold a liquor licence)

A liquor licence held by a person under regulation 2.37B may be treated as if it were

held under the VLC Act.

Regulation 2.38 (Transitional ~ persons taken to hold liquor licence to give copies of plans)

Within a period of 6 months, licensees are to provide to the Liquor Commission a copy of plans of the premises to which the licence relates showing to the satisfaction of the Commission the area of the licensed premises. Where there has been a failure to do so the Commission may suspend the licence.

Item 12 - Division 2.42 (Airports in Queensland)

The relevant State law is the Liquor Act 1992 (QL Act).

After the heading of Division 2.42, a new subdivision has been inserted entitled:

> 'Sub-division 2.4.1 - Preliminary'.

The sub-division has been created to cover arrangements that are generic and not specific to certain Commonwealth-owned airports in Queensland.

Item 13 - Regulation 2.41 (Definition for Division)

The regulation has been omitted from this sub-division as it specifically defines the meaning of an existing liquor authorisation as it relates to Brisbane Airport. The definition is more appropriately placed in sub-division 2.4.2 that deals exclusively with Brisbane airport matters.

Item 14 - Regulation 2.42 (Application of Liquor Act)

Previously, the current regulation 2.42 stated that the application of the Liquor Act at a regulated airport in Queensland is modified as set out in Part 3 of Schedule 1. The regulation has been amended to state that the application of the Liquor Act at Brisbane Airport is modified as set out in Division 3.1 of Part 3 of Schedule 1 and that the Act in its application to the terminal areas of Coolangatta or Townsville Airport is modified as set out in Division 3.2 of Part 3 of Schedule 1 to the Act.

Item 15 - New Subdivision 2.4.2 and Regulation 2.42A

After subdivision 2.4.1, a subdivision has been inserted entitled:

> 'Sub-division 2.4.2 - Brisbane Airport'.

Regulation 2.42A (Definition for Subdivision)

A definition of what is an existing liquor authorisation for Brisbane Airport has been placed in this sub-division. Previously, this definition was placed in sub-division 2.4.1 as Regulation 2.41.

Item 16 - Division 2.4 (Airports in Queensland)

After the heading of Division 2.4, a new subdivision has been inserted entitled:

'Sub-division 2.4.3 - Archerfield Airport, Coolangatta Airport, Mount Isa Airport and Townsville Airport'.

Regulation 2.46A (Definition for Subdivision)

A definition of what is a liquor authorisation for Archerfield, Coolangatta, Townsville and Mount Isa airports has been placed in this sub-division.

Preservation of existing authorisations

Existing authorities to sell liquor at Coolangatta, Townsville, Mount Isa and Archerfield airports have been deemed to be licences issued under Queensland law, with the State subsequently able to deal with the licences as appropriate.

Regulation 2.46B (Transitional ~ existing authorities to sell liquor at Archerfield and Mount Isa airports)

In regard to authorisations granted by the FAC at Mount Isa and Archerfield airports, existing authorisations are to be preserved as follows:

* The existing authorisations for the Royal Queensland Aero Club at Archerfield to use premises for the purposes of selling and disposing of liquor are to have effect as if they were a club licence granted under section 85 of the QL Act.

* The existing authorisation granted by the FAC at Mount Isa Airport to Vinance Pty Ltd to use premises for the purposes of selling and disposing of liquor is to have effect as it were a general licence granted under section 59 of the QL Act.

Regulation 2.46C (Transitional - authority to sell liquor in the terminal at Coolangatta Airport)

The terminal area of Coolangatta Airport is to be made subject to a special facility licence granted under section 93 of the QL Act that permits 24 hour trading. The special facility licence is to be held in the name of the licensee. Existing liquor authorisations in those terminal areas are to have effect as subleases granted under s 152(3) of the QL Act. On commencement of the airport lease, licensees will be taken to sub-let the right to sell liquor to tenants.

Regulation 2.46D (Transitional - existing authorities to sell liquor a Coolangatta Airport)

The existing authorisation for F.H.A.B Pty Ltd at Coolangatta Airport to use premises for the purposes of selling and disposing of liquor is to have effect as if it were a club licence granted under section 85 of the QL Act.

Regulation 2.46E (Transitional - authority to sell liquor in the terminal at Townsville Airport)

The terminal area at Townsville Airport is to be made subject to a special facility licence granted under section 93 of the QL Act that permits 24 hour trading. The special facility licence is to be held in the name of the licensee. Existing authorisations in the terminal area are to have effect as subleases granted under s 152(3) of the QL Act.

Regulation 2.46F (Transitional - existing authorities to sell liquor at Townsville Airport)

The existing non-terminal authorisations at Townsville Airport for Bencol Pty Ltd and Steven Ayles to use premises for the purposes of selling and disposing of liquor are to have effect as if they are a club licence granted under section 85 of the QL Act.

Regulation 2.46G (Transitional - when liquor licences etc ceases)

A liquor licence held under regulation 2.46C(1) or 2.46E(1) ceases if the liquor authorisation conferred in a lease or licence ceases or when the liquor licence would expire under the OIL Act.

Regulation 2.47 (Transitional - dealing with liquor licences etc)

Liquor licences taken to be held by licensees are not transferable but otherwise shall be treated as if they were held under the QL Act. Liquor licence that is taken to be held by a person or a subletting of the right to sell liquor that a person is taken to hold, may be treated as if the licence or subletting were held under the QL Act.

Regulation 2.48 (Transitional - dealing with person taken to hold liquor licence etc)

A person, who is taken to hold a liquor licence or a subletting of the right to sell liquor that a person is taken to hold, may be treated as if the licence or subletting was held under the QL Act.

Regulation 2.49 (Transitional - person taken to hold liquor licence etc to give copies of plans)

Within a period of 6 months, licensees are to provide to the Queensland liquor authorities a copy of plans of the premises to which the licence relates showing to their satisfaction the area of the licensed premises. Where there has been a failure to do so the Queensland authorities may suspend the licence.

Item 17 - Part 2 (Control of Liquor)

The relevant State law is the Liquor Licensing Act 1997 (the SALL Act).

After Division 2.4, a new subdivision has been inserted entitled,

> 'Division 2.5 -Adelaide Airport and Parafield Airport.'

Regulation 2.51 (Definitions for Division

The meaning of liquor authorisation at Adelaide and Parafield airports: Commissioner; and the SALL Act, have been defined in this regulation.

Regulation 2.52 (Application to Liquor Licencing Act

The SALL Act is to apply at Adelaide and Parafield airports, subject to certain modifications in respect of the process of granting new licensees in the terminal area of Adelaide Airport, and existing authorisations. The Act is modified for terminal areas as set out in Division 4.1 of Part 4 of Schedule 1 to the Regulations. The Act in its application to any other part of the airports (ie non-terminal areas) is modified as set out in Division 4.2 of that Part of the Schedule.

Regulation 2.53 (Transitional - existing authorities to sell liquor

Existing FAC authorities have been deemed as State liquor licences ensuring existing traders are able to continue their operations without having to seek a new licence. The following liquor licences apply:

* in the cases of the Aviation Institute (South Australian Division) and the University of Adelaide Sports Association and their respective premises at Adelaide Airport - club liquor licences granted under section 36 of the SALL Act;

* in the case of any other person holding a liquor authorisation for premises at Adelaide Airport - a special circumstances licence granted under section 40 of the SALL Act;

* in the case of Parafield Flying Club Incorporated and its premises at Parafield Airport - a club liquor licence granted under section 36 of the SALL Act;

* in the cases of K.S.(Parafield) Pty Ltd and the Hawker de Havilland Aviation College and their respective premises at Parafield Airport - a restaurant liquor licence granted under section 34 of the SALL Act; and

* in the case of Fun Trading Pty Ltd and its premises at Parafield Airport - a hotel liquor licence granted under section 32 of the SALL Act.

Regulation 2.54 (Transitional - when liquor licences cease)

Liquor licences held cease if the liquor authorisation conferred in a lease or licence ceases or when the liquor licence would expire under the SALL Act.

Regulation 2.55 (Transitional - dealing with liquor licences)

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

Regulation 2.56 (Transitional -dealing with person taken to hold liquor licence)

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

Regulation 2.57 (Transitional - person taken to hold liquor licence to give copies of plans)

Item 18 - Division 2.6 (Airports in Western Australia)

The relevant State law is the Liquor Licencing Act 1988 of Western Australia (WALL Act).

After Division 2.6, a new subdivision has been inserted entitled:

> 'Subdivision 2.6.1 - Preliminary.'

The sub-division has been created to cover arrangements that are generic and not specific to certain Commonwealth-owned airports in Western Australia.

Item 19 - Regulation 2.61 - (Definitions for Division)

The regulation has been omitted from this sub-division as it specifically defines the meaning of existing liquor authorisations as they relate to Perth Airport. The definition is more appropriately placed in sub-division 2.6.2 exclusively dealing with Perth Airport matters.

Item 20 - Regulation 2.62 (Application of Liquor Act)

The current regulation 2.62 states that the application of the WALL Act at a regulated airport in Western Australia is modified as set out in Part 5 of Schedule 1. The structure of the regulation has been amended to state that the application of the WALL Act at Perth Airport is modified as set out in Division 5.1 of Part 5 of Schedule 1 and that the Act in its application to Jandakot Airport is modified as set out in Division 5.2 of Part 5 of Schedule 1 to the Act. No amendments to Division 5.2 of the Schedule are required on this occasion.

Item 21 - New Subdivision 2.6.2 and Regulation 2.62A

After Regulation 2.62, a new subdivision has been inserted entitled:

> 'Division 2.6.2 - Perth Airport.'

Regulation 2.62A (Definition for Subdivision)

A definition of existing liquor authorisation for Perth Airport has been placed in this subdivision. Previously, this definition was placed in sub-division 2.6.1 as Regulation 2.61.

At the end of Division 2.6, a new subdivision has been inserted entitled:

> 'Division 2.6.3 - Jandakot Airport.'

Regulation 2.67 (Definition for Subdivision)

A definition of what is a liquor authorisation for Jandakot Airport has been placed in this sub-division.

Regulation 2.68 (Transitional - existing authorities to sell liquor)

Existing authorities to sell liquor at Jandakot Airport have been deemed to be licences issued under Western Australian law, with the State subsequently able to deal with the licences as appropriate. It is proposed that the authorisations from the FAC to their lessees to use premises for the purposes of selling and disposing of liquor are to have effect as if they were club licences granted under section 48 of the WALL Act.

Regulation 2.68A (Transitional - when liquor licences cease)

A liquor licence held under regulation 2.68(1) or 2.46E(1) ceases if the liquor authorisation conferred in a lease or licence ceases or when the liquor licence would expire under the WALL Act.

Regulation 2.68B (Transitional - dealing with liquor licence)

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

Regulation 2.68C (Transitional - dealing with person taken to hold liquor licence)

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

Regulation 2.69 (Transitional - person taken to hold liquor licence to give copies of plans)

Item 22 - Part 2 (Control of Liquor)

The relevant State law is the Liquor and Accommodation Act (the TLA Act).

A new division has been inserted entitled:

'Division 2.7 - Hobart Airport and Launceston Airport.'

Regulation 2.71 (Definitions for Division)

The following definitions have been included in the regulation: liquor authorisation at Hobart and Launceston airports; Commissioner; and the TLA Act.

Regulation 2.72 (Application of Liquor Act)

The TLA Act is to apply at Hobart and Launceston airports, subject to certain modifications in respect of the terminal areas of both airports. The Act is modified for terminal areas as set out in Part 6 of Schedule 1 to the Regulations.

Regulation 2.73 (Transitional - existing authorities to sell liquor)

The regulations contain the following transitional provisions deeming existing FAC authorisations as State liquor licences so ensuring that existing traders are able to continue their operations without having to seek a new licence. In the case of a liquor authorisation held by a club, a club licence within the meaning of section 10 of the TLA Act. In the case of any other liquor authorisation a special licence within the meaning of section 11 of the TLA Act is deemed.

Regulation 2.74 (Transitional - when liquor licences cease)

A liquor licence held under regulation 2.73(1) ceases if the liquor authorisation conferred in a lease or licence ceases or when the liquor licence would expire under the TLA Act.

Regulation 2.75 (Transitional - dealing with liquor licence)

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

Regulation 2.76 (Transitional - dealing with person taken to hold liquor licence)

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

Regulation. 2.77 (Transitional - person taken to hold liquor licence to give copies of plans)

Division 2. 8 - Canberra Airport

The relevant Territory law is the Liquor Act 1975 (the ACTL Act).

Regulation 2.81 (Definitions for Division)

The following definitions have been included in the regulation: liquor authorisation at Canberra Airport; and the ACTL Act.

Regulation 2.82 (Application of Liquor Act)

The ACTL Act is to apply at Canberra Airport, subject to certain modifications. The Act is modified for both terminal and non-terminal areas as set out in Division 7.1 of Part 7 of Schedule 1 to the Regulations. In its application to premises within the terminal areas only, the Act is further modified as set out in Division 7.2 of that Part.

Regulation 2.83 (Transitional - existing authorities to sell liquor)

Any authorisation (however described) from the FAC to use premises at Canberra Airport within a terminal for the sale or supply of liquor for consumption on the licensed premises is to have effect as if it were a special licence granted under section 29A of the ACTL Act.

Regulation 2.84 (Transitional - when liquor licences cease)

A liquor licence held under regulation 2.83(1) ceases if the liquor authorisation conferred in a lease or licence ceases or when the liquor licence would expire under the ACTL Act.

Regulation 2.85 (Transitional - dealing with liquor licence)

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

Regulation 2.86 (Transitional - dealing with person taken to hold liquor licence)

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

Regulation 2.87 (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 Authority a copy of plans of the premises to which the licence relates showing to the satisfaction of the Authority the area of the licensed premises. Where there has been a failure to do so the Authority may suspend the licence.

Division 2.9 - Darwin Airport and Alice Springs Airport

The relevant Territory law is the Liquor Act (the NTL Act).

Regulation 2.91 (Definitions for Division)

The meanings: of liquor authorisation at Darwin and Alice Springs airports; Commissioner; and the NTL Act, have been defined in the regulation.

Regulation 2.92 (Application of Liquor Act)

The NTL Act is to apply at Darwin and Alice Springs airports, subject to certain modifications at both airports. The Act is modified for both terminal and non-terminal areas are set out in Division 8.1 of Part 8 of Schedule 1 to the Regulations. The Act in its application to terminal areas only is modified as set out in Division 8.2 of Part 8 of the Schedule.

Regulation 2.93 (Transitional - existing authorities to sell liquor)

The regulations contain transitional provisions that deem existing FAC authorisations as Territory liquor licences ensuring existing traders are able to continue their operations without having to seek a new licence. Any authorisation (however described) from the FAC to use premises at the airports for the sale of liquor is to have effect as if it were a licence granted under section 24 of the NTL Act and subject to such conditions as are contained in the existing authorisation.

Regulation 2.94 (Transitional - when liquor licences cease)

A liquor licence held under regulation 2.93(1) ceases if the liquor authorisation conferred in a lease or licence ceases or when the liquor licence would expire under the NTL Act.

Regulation 2.95 (Transitional - dealing with liquor licence)

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

Regulation 2.96 (Transitional - dealing with person taken to hold liquor licence)

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

Regulation 2.97 (person taken to hold liquor licence to give copies of plans)

PART 3 - COMMERCIAL TRADING

Item 23 - Regulation 3.01 (Transitional - Definitions for Part)

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 South Australia, Victoria, Queensland and Western Australia.

The definition of 'existing authorisation' has been omitted and replaced with a definition of 'trading authorisation' because it is a more accurate reflection of authorisations relating to Phase 1 and 2 airports.

Item 24 - Regulation 3.02 (Transitional - existing authorisations to carry on consumer trading)

As for the Phase 1 airports, the Commonwealth's principal policy objective is to

ensure that there are no restrictions on trading hours at certain of the larger Phase 2

airports. A secondary policy objective is to ensure that any State or Territory business

specific licences do not apply to businesses with existing

leases at Phase 2 airports.

It is the Commonwealth's intention that State and Territory laws relating to the sale of goods, consumer protection and commercial disputes will apply at the

Phase 2 airports.

Item 25 - Regulation 3.30 (Consumer trading - Melbourne Airport)

The regulation modifies the Shop Trading Reform Act 1996 in Victoria. The Commonwealth's policy position is that the Act should not apply at Melbourne Airport but should apply at Essendon and Moorabbin. Therefore, the term 'regulated airport' has been omitted and substituted with 'Melbourne Airport'.

Item 26 - Regulation 3.40 (Consumer trading ~ airports in Queensland)

The regulation states that the Trading (Allowable Hours) Act 1990 in Queensland does not apply to consumer trading at a regulated airport in

Queensland. Given the Commonwealth's policy position not to regulate commercial trading at Mount Isa, the regulation has been clarified to ensure that the Act does not apply to Brisbane, Archerfield, Coolangatta and Townsville airports.

Item 27 - New Regulation 3.50 (Consumer trading - airports in South Australia)

The Shop Trading Hours Act 1977 is not to apply to consumer trading at a South Australian regulated airport in terminal areas or where there is an existing commercial trading authorisation on non-terminal areas.

Item 28 - Regulation 3.60 (Consumer trading - Perth Airport)

The regulation modifies the Retail Trading Hours Act 1987 in Western Australia. The Commonwealth's policy position is that the Act should not apply at Perth Airport but should apply at Jandakot. Therefore, the term 'regulated airport' has been omitted and substituted with 'Perth Airport'.

As the commercial trading laws in Tasmania, the Australian Capital Territory and the Northern Territory are liberal and will not affect the operations of the airports in these jurisdictions, the Commonwealth is not making any regulations to amend State/Territory law.

PART 4 - VEHICLES

Part 4 of the Airports (Control of On-Airport Activities) Regulations regulate the parking and operation of vehicles on the airside of privately operated airports regulated under the Airports Act 1996.

Division 4.2 - Brisbane, Melbourne and Perth Airports

In Division 4.2, airport operators at Brisbane, Melbourne and Perth are being allowed to designate no-parking and no-standing zones airside and to enforce the correct use of those zones. Stopping or parking in a designated no-parking or no-standing area will be an offence of 3 penalty units. In addition, an airport-operator employee will be able to direct that a vehicle incorrectly parked or stopped be moved. He or she already has the power, under certain conditions, to move the vehicle.

Item 29 - Regulation 4.01 (Definitions for Part)

Several new definitions have been included in the Vehicle Control Handbook. The Handbooks for Brisbane, Melbourne and Perth airports will be the FAC Handbook for the Airport as at 14 May 1997. The Handbooks for Adelaide, Alice Springs, Archerfield, Canberra, Coolangatta, Darwin, Hobart, Jandaket, Launceston, Moorabbin, Mount Isa, Parafield, Tennant Creek and Townsville airports will be the FAC Handbook for the Airport as at 14 May 1998.

Item 30 - Regulation 4.02 (Authorised persons)

The existing regulation 4.02 has been omitted.

Item 31 - Division 4.2 (Vehicle parking)

Division 4.2 has been amended by substituting a new Division 4.2 (Vehicle parking at Brisbane, Melbourne and Perth Airports).

Regulation 4.03 (Definitions for Division)

The item inserts a definition of Phase 1 airports (Brisbane, Melbourne and Perth) under regulation 4.03, and of parking in contravention of the provisions for the Division under Regulation 4.03(2).

Regulations 4.04 (No-Parking Areas) and 4.05 (No-Standing Areas)

Regulations 4.04 and 4.05 have been amended to apply the existing provisions on noparking and no-standing areas (limited or not) to Phase 1 airports, provided that under new subregulations 4.04 (5) and 4.05 (5) the areas are clearly marked. The amendments also make it clear that these areas may be landside or airside.

Regulations 4.06 (Offence - parking in a designated no-parking area) and 4.07 (Offence - stopping in a designated no-standing area)

Regulations 4.06 and 4.07 have been amended to insert a generic description of emergency vehicles (which is used elsewhere in the Regulations) which can be parked in a designated no-parking or no-standing area (limited or not), rather than specifying the vehicles, and to omit the conditions under which an authorised person may direct a vehicle to be parked in these areas.

Regulation 4.09 (Authorised person may move vehicle on landside of airport)

Regulation 4.09 has been amended to make it clear that it applies to landside only, and so that an authorised person may move a vehicle from a designated limited noparking or no-standing area, if the driver cannot be found in after a reasonable time, or refuses to comply with a direction to move.

Regulation 4.11 (Authorised persons)

New regulation 4.11 will allow the Secretary of the Department to appoint various persons as authorised persons for the provisions of vehicle parking regulations, except that he or she cannot appoint an employee of the airport operator company to move vehicles from no-parking or no-standing areas landside.

Item 32 - Regulation 4.41 (Definitions for Division)

Several definitions have been omitted and others inserted.

Item 33 - New regulations 4.44A and 4.44B

New regulation 4.44A allows an authorised person to request a driver to show the driver's security identification or Authority to Drive Airside or Authority for Use Airside. The driver must comply with the request and a failure to do so is an infringement notice offence of 1 penalty unit.

PART 5 - GAMBLING

Item 34 - Regulation 5.01 (Definitions for Part).

Part 5 of the regulations applies to "regulated airports", previously defined in regulation 5.01 as Melbourne, Brisbane and Perth Airports. The Commonwealth is using the same approach to the Phase 2 airports (other than Mt Isa and Tennant Creek airports) as that applying to the Phase 1 airports, i.e., a complete prohibition of gambling subject to an exemption that preserves any existing authorities to engage in gambling activities. This is reflected by the redefinition of Regulation 5.01.

Item 35 - Regulation 5.02 (Prohibition of gambling)

In particular, the Commonwealth wishes to continue the existing authorisation at Parafield Airport granted by the FAC. The Commonwealth will ensure that the type of gaming operations undertaken by Fun Trading Pty Ltd at Parafield Airport are not expanded and are limited only to activities defined in the existing FAC authorisation.

PART 6 - SMOKING

Item 36 - Regulation 6.01 (Definitions for Part)

Part 6 of the regulations currently applies "regulated airports", previously defined in regulation 6.01 as Melbourne, Brisbane and Perth Airports. The Commonwealth has extended this regime to the Phase 2 airports, other than Mt Isa and Tennant Creek airports where State and Territory law respectively will apply, by amending the definition of "regulated airport" in regulation 6.01 to mean an airport to which Part 11 of the Act applies, other than Mt Isa and Tennant Creek airports.

PART 7 - INFRINGEMENT NOTICES

Part 7 of the Regulations establishes a statutory scheme for the issuing, and enforcing, infringement notices.

Item 37 - Regulation 7.03 (Service of infringement notices)

Regulation 7.03 has been amended so that it also applies to the new regulation providing that driving, stopping or parking within 3 metres of an aircraft will be an offence.

Item 38 - Regulation 7.06 (what must be included in an infringement notice)

Regulation 7.06 (1)(a) provides that an infringement notice must set out the name, and title (if any) of the authorised person issuing the notice. The Regulation has been amended so that only the officer's unique identifying number will appear on the top copy of the notice, which is seen by the offender in the first instance. This will protect the authorised officers against possible retribution from offenders. However, for the purposes of evidence and any subsequent follow-up, all copies of the original will identify the officer by the number and his or her name.

ITEM 39 - SCHEDULE 1 (MODIFICATIONS OF STATE LIQOUR LEGISLATION)

ITEM 39.1 - PART 3 - LIQOUR ACT 1992 OF QUEENSLAND

After the heading, a division has been inserted entitled:

> 'Division 3.1 - Modifications applicable to licenced premises at Brisbane Airport.'

The modification of State law (Part 3 of Schedule 1), in respect of new applications, is to be retained only in respect of tenants at Brisbane Airport. Brisbane Airport will therefore continue to be subject to the QL Act as modified by Part 3 of Schedule 1; Division 3.1.

Item 39.2 - Division 3.2

At the end of Part 3, a division has been inserted entitled:

> 'Division 3.2 - Modifications applicable to licenced premises in the terminal areas of Coolangatta Airport and Townsville Airport.'

Sub-item 12 - Section 4 (Definitions)

A definition of airport-operator company has been inserted.

The Commonwealth's policy position is that the non-terminal areas of Coolangatta and Townsville airports, together with Archerfield and Mt Isa airports in their entirety, will be subject to the W Act without any modification. A lesser form of modification of State law in respect of the terminal areas of Coolangatta and Townsville airports is appropriate compared to Brisbane Airport. Namely:

Sub-item B - Section 105 (Requirements for application)

Retain modifications to section 105 of the QL Act whereby applications are to be accompanied by evidence that licensees on which the proposed licensed premises are situated consent to the application.

Sub-item 14 - Section 110 (Application for grant of extended hours permit not on regular basis)

Retain section 110(4) of the QL Act but replace all references to the local government with a reference to the airport lessee company.

Sub-item 15 - Section 116 (Public need relevant to applications)

Retain section 116 but require the chief executive to have regard to the views of the airport lessee company.

Sub-Item 16 - Section 117 (Advice about application)

Retain section 117 but replace all references to the local government with a reference to the airport lessee company.

Sub-item 17 - Section 118 (Advertisement of applications)

Remove section 118 as the requirement to advertise is not appropriate for terminal areas.

Sub-Items 18, 19 & 20 - Sections 119 (Objection to grant of applicants) & 121 (Conference of concerned persons)

Retain objection procedures contained in sections 119, 121 and 121A but replace all references to local government with a reference to the airport lessee company.

Item 39.3

After Part 3, a new Part has been inserted entitled,

PART 4 - LIQUOR LICENSING ACT 1997 OF SOUTH AUSTRALIA

Division 4.1 - Modifications applicable to licenced premises in the terminal areas of an airport

Recognising the unique operational requirement of a large airport such as Adelaide Airport, the following modifications to the SALL Act in respect of its application to the terminal areas of Adelaide Airport have been made.

Sub-item 1 - Section 44 (Extended trading authorisation)

Section 44 (4) requiring that an extended trading authorisation cannot authorise the sale of liquor on Good Friday, the day after Good Friday and the day after Christmas Day should not apply.

Sub-item 2 - Section 52 (Certain applications to be advertised)

Section 52 requiring certain applications to be advertised should not apply. Under section 52(2)(a)(i) of the SALL Act an applicant must give notice of an application to the Council of the area the licensed premises are to be situated. The Commonwealth requires that the airport lessee company be deemed to be the council for the purposes of section 52(2)(a)(i).

Sub-item 3 - Part 4 (Applications, interventions and objections)

Because the Commonwealth is maintaining responsibility for planning matters, Part 4 Divisions 7, 8 and 9 of the SALL Act dealing with the alteration and redefinition of licensed premises, extension of trading area and the variation of non-statutory conditions of a liquor licence have been omitted.

Sub-items 4 & 5 - Sections 76 (Rights of intervention) & 77 (General right of objection)

Sections 76 and 77 provide a mechanism whereby the police, the local council and the public can object to the grant of the application in terminal areas. While the Commonwealth wishes to retain those provisions that enable the police and the airport lessee company to object to the grant of an application, has disapplied those provisions that enable the local council and the public to object to the grant of an application.

Division 4.2 - Modifications applicable to other licenced premises at an airport

Sub-item 6 - Section 68 (Alteration and redefinition of licenced premises)

Because the Commonwealth is maintaining responsibility for planning matters, Sections 68 dealing with the alteration and redefinition of licensed premises, extension of trading area and the variation of non-statutory conditions of a liquor licence, should be omitted.

Item 39.4

After Part 5 insert:

PART 6 - LIQUOR AND ACCOMMODATION ACT 1990 OF TASMANIA

The following modifications to the Act have been made.

Sub-Item 1 - Section 17 (Liquor guidelines)

Section 17 provides for the publication of Liquor Guidelines as approved by the Minister for Licensing. Clause B(2) to Schedule 3 of the Guidelines states that an applicant for a licence, unless exempted by the Commission if of the opinion that advertising will be unnecessary, must give notice of the application in a form approved by the Commission in a daily newspaper circulating in the area of the premises proposed to be licensed. The guidelines need to be modified so that this provision does not have to be complied with by licence applicants seeking to operate from premises in the airport terminal areas.

Sub-Item 2 - Section 23 (Application for liquor licence)

Section 23(2) of the TLA Act may require an application to be accompanied by plans and specification of any relevant premises, as the Commissioner considers necessary for the proper consideration of the application. Noting the Commonwealth is retaining responsibility for planning matters, the provision has been modified to state that the Commissioner might require a copy of plans of the premises to which the licence application relates showing to the satisfaction of the Commission the area of the proposed licensed premises.

Sub-item 3 - Section 39 (Liquor restriction orders)

Division 4 of the TLA Act covers restrictions and controls on sale of liquor, and requires the Licensing Board to have regard to the impact on the amenity of the neighbourhood. The Board should not have an independent discretion to have regard to the neighbourhood impact criteria at s.39(1) of undue annoyance, disturbance or disorderly conduct in regard to liquor authorisation holders operating from the terminals when determining whether to apply liquor restriction orders.

Sub-items 4 & 5 - Sections 47 & 137 (Licensees not to alter premises without approval)

Sections 47 and 137 state that a licensee shall not alter the licensed premises without the Commissioner's approval. As the Commonwealth is retaining responsibility for planning controls, the Commonwealth does not wish to see this section used by Commissioner to require layout changes to existing licensee's premises.

PART 7 - LIQUOR ACT 1995 OF THE AUSTRALIAN CAPITAL TERRITORY

Division 7.1 - Modifications that apply to all licenced premises at Canberra Airport

The following modifications have been made to the ACTL Act in respect of its application to terminal and non-terminal areas of Canberra Airport.

Sub-item 1 - Section 18 (Licencing Standards Manual)

Section 18 sets out the general standards for the construction of premises in which licences are sought. As the Commonwealth is retaining responsibility for planning and building control matters, the Commonwealth wishes to disapply this provision.

Sub-item 2 - Section 24 (Saving of operation of Building Act)

Section 24 states that nothing in the Act affects the operation of the Building Act 1972. As the Commonwealth is retaining responsibility for planning and building control matters, the Commonwealth has disapplied this provision.

Sub-item 3 - Section 56 (Application for alteration)

Section 56(2)(b) requires an application for variation to be accompanied by relevant planning approval. This provision should be modified to require an application for variation to be accompanied by evidence that licensees have consented to the variation.

Division 7.2 - Modifications that apply only to licenced premises in the terminal area of Canberra Airport

The following modifications have been made to the ACTL Act in respect of its application to terminal areas of Canberra Airport.

Sub-item 4 - Section 44 (Manner of making complaint)

Section 44 provides for any person to make a complaint to the Registrar regarding any matter arising out of the conduct at licensed premises of a person who holds a licence. In regard to liquor authorisation holders operating from terminal areas, the Commonwealth wishes to modify Territory law so that only the Police and licensees can make a complaint about conduct at the licensed premises.

Sub-item 5, 6 & 7 - Sections 66E (Interpretation), 67 (General Licence minimum bar trading hours) & 68 (On Licence - minimum bar trading hours)

Sections 66E, 67 and 68, which define and refer to a "non-trading day", should not apply to the liquor licensees within the terminal at Canberra Airport.

PART 8 - LIQUOR ACT 1978 OF THE NORTHERN TERRITORY

Division 8.1 - Modifications that apply to all licenced premises at an airport

Sub-item 1 - Section 4 (interpretation)

A definition of airport-operator company has been inserted. The following modifications have been made to the NTL Act in respect of its application to terminal and non-terminal areas of Darwin and Alice Springs airports.

Sub-items 2 & 3 - Sections 119 (Approval of alteration of premises) & 120 (Unauthorised alterations)

Sections 119 and 120 address the approval process for the alteration of premises. As the airport sites will remain subject to Commonwealth law in terms of planning controls, Territory law has been modified along the following lines:

* Section 119(1) has been modified to state that a licensee should not, without the approval of the airport lessee company, make a material alteration to the premises;

* Section 119(2)(c) has been modified so that the licensee only has to provide sufficient evidence that indicates the approval of the airport lessee company to the alteration;

* Section 119(3) dealing with hearings on alterations has been modified so that the provision requires each licensee, within a period of 6 months, to provide to the Liquor Commission a copy of plans of the premises to which the licence relates showing to the satisfaction of the Commission the area of the licensed premises. Where there has been a failure to do so the Commission may suspend the licence; and

* Section 120 dealing with unauthorised alternations should not apply as the airport sites will remain subject to Commonwealth law in terms of planning controls.

Division 8.2 - Modifications that only apply to licenced premises in the terminal area of an airport

In addition, the following provisions of the NTL Act will not apply (or are modified) in relation to applications for new licences on terminal areas at Darwin and Alice Springs airports.

Sub-Item 4 - Section 31 (Conditions of licence)

Section 31(2) which may, inter alia, determine restrictions of days when and times which licensed premises may open for the sale of liquor has been modified so that it does not apply to licence applicants proposing to operate from premises in terminal areas only.

Sub-Item 5 - Section 48 (Objections and complaints)

Section 48 provides for persons to make an objection to an application for the grant of a licence. In regard to the terminal areas, the Commonwealth has modified Territory law so that only the Police and the airport lessee company can object to an application.

Sub-item 6 - Section 65 (Commission's power to give directions)

Section 65 provides, inter-alia, for the Commission to give directions where the licensee has caused undue disturbance/inconvenience to persons who reside in the neighbourhood. In regard to terminal areas only, the Commonwealth has replaced the neighbourhood test with an airport operator test.

Sub-Item 7 - Part 8 (Restricted areas)

Part 8 deals with obtaining opinions of persons, etc; in relation to consideration of applications and hearings. This requirement has been omitted for terminal areas of the airports.