Airports (Control of On-Airport Activities) Amendment Regulation 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L01665

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Airports (Control of On-Airport Activities) Amendment Regulation 2012 (No. 1)1
Select Legislative Instrument 2012 No. 186
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Airports Act 1996.
Dated 2 August 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure and Transport
1              Name of regulation
                This regulation is the Airports (Control of On-Airport Activities) Amendment Regulation 2012 (No. 1).
2              Commencement
                This regulation commences on the day after it is registered.
3              Amendment of Airports (Control of On-Airport Activities) Regulations 1997
                Schedule 1 amends the Airports (Control of On-Airport Activities) Regulations 1997.
Schedule 1        Amendments
(section 3)
 
[1]           Subregulation 3 (1), definition of infringement notice offence, note 1 and 2
substitute
Note   For infringement notices generally, see Part 7.
[2]           Subregulation 3 (1), after definition of Part 11 airport
insert
Note   Part 11 of the Act deals with control of liquor, commercial trading, vehicle movements, gambling and smoking, at airports to which that Part applies. Section 169 of the Act provides that Part 11 of the Act applies to a core regulated airport (within the meaning given by section 7 of the Act) and an airport prescribed in the regulations, if there is an airport lease for the airport.
[3]           Regulation 4
omit
paragraph 169 (b)
insert
paragraph 169 (1) (b)
[4]           Regulation 22, definition of LCR Act
omit
Liquor Control Reform Act 1998
insert
Liquor Control Reform Act 1998
[5]           Regulation 26
substitute
26            Transitional—authority for trading off-premises
         (1)   While Marriott Airport Concessions Pty Ltd is the holder of an existing authorisation that has effect as a general liquor licence under subregulation 25 (4), the supply of liquor in the course of catering for social receptions or functions on the airport site at Melbourne Airport is taken to be authorised by the Director for paragraph 9 (1) (b) of the LCR Act.
         (2)   However, subregulation (1) does not apply to the premises known as Café Expresso on the airside of the airport.
[6]           Regulation 36
substitute
36            Transitional—treatment of liquor licence
                A liquor licence that a person is taken to hold under subregulation 33 (1) is to be treated as if it were a liquor licence granted under the LCR Act.
[7]           Regulation 40
substitute
40            Application of Liquor Act at certain airports
                The Liquor Act, in its application to the terminal area of Gold Coast Airport or Townsville Airport, is modified as set out in Part 3 of Schedule 1.
Note   The Liquor Act is not modified in its application to:
(a)   premises at Gold Coast Airport or Townsville Airport outside the terminal area; or
(b)   Archerfield Airport; or
(c)   Mount Isa Airport.
[8]           Paragraph 47 (2) (a)
omit
a club liquor licence under section 85 of that Act;
insert
a community club licence under Division 5 of Part 4 of that Act;
[9]           Paragraph 47 (2) (b)
omit
a general liquor licence under section 59 of that Act.
insert
a commercial other licence under Division 4 of Part 4 of that Act.
[10]         Subregulation 48 (1)
omit
a special facility liquor licence (under section 93 of the Liquor Act)
insert
a commercial special facility licence (under subsection 65 (1) of the Liquor Act)
[11]         Paragraph 48 (3) (b)
omit
subsection 152 (3)
insert
subsection 153 (3)
[12]         Subregulation 49 (1)
omit
a club liquor licence under section 85 of that Act,
insert
a community club licence under Division 5 of Part 4 of the Liquor Act,
[13]         Subregulation 50 (1)
omit
a special facility liquor licence (under section 93 of the Liquor Act)
insert
a commercial special facility licence (under section 65 (1) of the Liquor Act)
[14]         Paragraph 50 (3) (b)
omit
subsection 152 (3)
insert
subsection 153 (3)
[15]         Subregulation 51 (1)
omit
a club liquor licence under section 85 of the Liquor Act.
insert
a community club licence under section 78 (1) of the Liquor Act.
[16]         Subregulation 52 (1)
omit
A special facility liquor licence
insert
A commercial special facility licence
[17]         Paragraph 52 (2) (b)
omit
the LCR Act,
insert
the Liquor Act,
[18]         Subregulation 58 (5)
omit
the Liquor Act
insert
the Liquor Licensing Act
[19]         Regulation 63
insert
commission means the Liquor Commission established under section 8 of the LC Act.
[20]         Regulation 63, definition of LL Act
omit
LL Act means the Liquor Licensing Act 1988 of Western Australia.
insert
LC Act means the Liquor Control Act 1988 of Western Australia.
[21]         Regulation 76, definition of Liquor Act
substitute
Liquor Act means the Liquor Licensing Act 1990 of Tasmania.
[22]         Paragraph 78 (2) (a)
omit
club liquor licence
insert
club licence
[23]         Paragraph 78 (2) (b)
omit
special liquor licence
insert
special licence
[24]         Regulation 83, definition of Liquor Act
substitute
Liquor Act means the Liquor Act 2010 of the Australian Capital Territory.
[25]         Regulation 83
insert
Liquor Regulation means the Liquor Regulation 2010 of the Australian Capital Territory.
[26]         Regulation 84, heading
substitute
84            Application of Liquor Act and Liquor Regulation
[27]         After subregulation 84 (2)
insert
         (3)   The Liquor Regulation, in its application to premises at Canberra Airport, is modified as set out in Part 9 of Schedule 1.
[28]         Subregulation 85 (1)
omit
is taken, to be granted a special liquor licence under section 29A
insert
is taken to be granted a special licence within the meaning given by section 21
[29]         Subregulation 89 (1)
omit
Registrar (within the meaning given by section 4 of the Liquor Act)
insert
commissioner (within the meaning given by the Dictionary of the Liquor Act)
[30]         Regulation 90, definition of Commission
substitute
Commission has the same meaning as in the Liquor Act.
[31]         Regulation 97, definition of consumer trading
omit
Trade Practices Act 1974
insert
Competition and Consumer Act 2010
[32]         Regulations 99 and 100
omit
Factories, Shops and Industries Act 1962 of New South Wales is modified by omitting sections 82, 84 and 85.
insert
Retail Trading Act 2008 of New South Wales is modified by omitting section 4.
[33]         Regulation 101
substitute
101         Consumer trading—Melbourne Airport
                For its application to consumer trading at Melbourne Airport, the Shop Trading Reform Act 1996 of Victoria is modified by substituting subsections 4 (2) and (3), with the following subsection.
           ‘(2)  A shop at Melbourne Airport (as determined under the Airports Act 1996 of the Commonwealth) is an exempt shop whether or not the predominant business carried on in the shop is specified in subsection 4 (1).’
[34]         Regulation 106, definition of Australian Road Rules
substitute
Australian Road Rules means the document titled Australian Road Rules, published by the National Road Transport Commission, as it exists when this definition commences.
[35]         Regulation 106, definition of parking control provision
substitute
parking control provision means rule 165, 167, 168, 169, 170, 172, 176, 178, 179, 180, 181, 182, 183, 184, 185, 186, 189, 197, 198, 202, 203, 203A, 204, 205, 205A, 206, 207, 208, 208A, 209, 210, 211 or 212 of the Australian Road Rules as applied by regulation 106E.
[36]         Regulation 106, definition of public bus, paragraph (b)
omit
Road Safety (Vehicles) Regulations 1999
insert
Road Safety (Vehicles) Regulations 2009
[37]         Regulation 106, definition of public bus, paragraph (c)
omit
Transport Operations (Road Use Management —Vehicle Standards and Safety) Regulations 1999
insert
Transport Operations (Road Use Management —Vehicle Standards and Safety) Regulation 2010
[38]         Subregulation 106E (1)
omit
airport:
insert
airport.
[39]         Subregulation 106E (1), table, items 22 to 30
substitute
22
203A
Stopping in a slip lane

23
204
Meaning of certain information on or with permissive parking signs

24
205
Parking for longer than indicated

25
205A
Parking outside times indicated

26
206
Time extension for people with disabilities

27
207
Parking where fees are payable

28
208
Parallel parking on a road (except in a median strip parking area)

29
208A
Parallel parking in a road-related area (except in a median strip parking area)

30
209
Parallel parking in a median strip parking area

31
210
Angle parking

32
211
Parking in parking bays

33
212
Entering and leaving a median strip parking area

[40]         Subregulation 106E (1), note
substitute
Note   The full text of the rules is contained in the Australian Road Rules.
[41]         Regulation 156, note
omit
[42]         Schedule 1
substitute
Schedule 1        Modifications of State and Territory liquor legislation
(regulations 23, 40, 57, 64, 77, 84 and 91)
Part 1          Modifications of Liquor Control Reform Act 1998 of Victoria that apply at all Part 11 airports in Victoria
1.1           Subsection 16 (1)
omit
Planning and Environment Act 1987
insert
Airports Act 1996 of the Commonwealth
1.2           Paragraph 28 (1) (c)
substitute
                (c)    be accompanied by the prescribed fee.
1.3           Subsection 28 (3)
omit
other
1.4           Paragraph 29 (3) (c)
substitute
                (c)    be accompanied by the prescribed variation fee (except in the case of an application by the Chief Commissioner or a licensing inspector, or an application for a prescribed variation of a licence or BYO permit referred to in section 33, 34 or 35).
1.5           Subsection 29 (4)
omit
other
1.6           Paragraph 31 (2) (c)
substitute
                (c)    be accompanied by the prescribed relocation fee.
1.7           After subsection 31 (2)
insert
         (3)   If the Director requests that an applicant for a relocation give information, the applicant must comply with the request.
1.8           Paragraph 32 (2) (c)
substitute
                (c)    be accompanied by the prescribed transfer fee.
1.9           Subsection 32 (3)
omit
other
Part 2          Modifications of Liquor Control Reform Act 1998 of Victoria that apply only at Melbourne (Tullamarine) Airport
2.1           Paragraph 18 (2) (b)
substitute
               (b)    a club licence; or
                (c)    a licence or permit held by a body corporate that operates licensed premises, or premises taken to be licensed, at Melbourne (Tullamarine) Airport, and:
                          (i)    is an airline; or
                         (ii)    is incorporated outside Australia.
2.2           Section 33, heading
substitute
33            Copy of application to be given to police and airport-lessee company
2.3           Subsection 33 (2)
omit
the Council of the municipal district in which the premises or licensed premises to which the application relates are situated.
insert
the airport-lessee company (within the meaning given by subsection 5 (1) of the Airports Act 1996 of the Commonwealth) for Melbourne (Tullamarine) Airport.
2.4           Subsection 33 (3)
omit
the relevant Council
insert
the airport-lessee company
2.5           Sections 34 and 35
omit
2.6           Section 37
omit
display, advertisement and
2.7           Section 38
omit
2.8           Section 40, heading
substitute
40            Objection by airport‑lessee company
2.9           Subsections 40 (1) and (1A)
substitute
         (1)   The airport-lessee company (within the meaning given by subsection 5 (1) of the Airports Act 1996 of the Commonwealth) for Melbourne (Tullamarine) Airport may:
                (a)    object to:
                          (i)    the grant or variation of a licence in respect of premises on that airport; or
                         (ii)    the relocation of a licence to those premises;
                        on the ground that the grant, variation or relocation would detract from, or be detrimental to, the amenity of the area in which the premises are situation; and
               (b)    object to:
                          (i)    the grant or variation of a packaged liquor licence or late night (packaged liquor) licence in respect of those premises; or
                         (ii)    the relocation of a packaged liquor licence or late night (packaged liquor) licence to those premises;
                        on the ground that the grant, variation or relocation would be conducive to or encourage the misuse or abuse of alcohol.
2.10        Paragraph 40 (2) (a)
substitute
                (a)    be made to the Director in writing within 21 days after the day on which a copy of the application for the grant, variation, transfer or relocation was given to the Chief Commissioner under section 33; and
2.11        Section 41
omit
2.12        Paragraph 42 (a)
omit
2.13        After section 54
insert
54A         Nominee of licensee or permittee that is a corporation incorporated outside Australia
         (1)   In the case of an airline, or corporation incorporated outside Australia, that is:
                (a)    a licensee or permittee of premises at Melbourne (Tullamarine) Airport; or
               (b)    the holder of an existing authorisation that is taken, under regulation 25 of the Airports (Control of On‑Airport Activities) Regulations 1997 of the Commonwealth, to have effect as a licence;
a person who from time to time manages or controls a licensed premises, or the premises taken to be licensed for the corporation, is taken to have been nominated by the corporation and approved by the Director, under section 54.
2.14        Subsection 68 (2)
substitute
         (2)   A licensing inspector may object to an application under section 67 on any of the following grounds:
                (a)    in the case of a grant or transfer — that the licensee or proposed licensee is not a suitable person to hold the licence;
               (b)    in the case of a grant, variation or relocation:
                          (i)    that the grant, variation or relocation would detract from or be detrimental to the amenity of the area in which the licensed premises or proposed licensed premises are situated; or
                         (ii)    that the grant, variation or relocation would be conducive to or encourage the misuse or abuse of alcohol;
                (c)    in the case of an application in relation to a club licence—any ground referred to in paragraph 44 (2) (c).
2.15        Subparagraphs 91 (1) (b) (ii) and (iii)
substitute
                         (ii)    a licensing inspector.
2.16        Subparagraphs 94 (2) (b) (ii) and (iii)
substitute
                         (ii)    a licensing inspector.
2.17        Subparagraphs 97A (2) (a) (ii) and (iii)
substitute
                         (ii)    a licensing inspector.
2.18        Section 98
omit
2.19        Paragraph 103 (3) (b)
substitute
               (b)    a licensee under a club licence; or
                (c)    a licence or permit held by a body corporate that operates licensed premises, or premises taken to be licensed, at Melbourne (Tullamarine) Airport, and:
                          (i)    is an airline; or
                         (ii)    is incorporated outside Australia.
2.20        After subsection 104 (5)
insert
         (6)   This section does not apply to a corporation that operates licensed premises, or premises taken to be licensed, at Melbourne (Tullamarine) Airport, and:
                (a)    is an airline; or
               (b)    is incorporated outside Australia.
2.21        Subsection 141 (1)
omit
in subsection (2),
insert
in subsection (2) or (3),
2.22        Subsection 141 (1AA)
omit
subsection (2)
insert
subsection (2) or (3)
2.23        Paragraph 141 (2) (d)
omit
2.24        After subsection 141 (2)
insert
         (3)   An infringement notice may be served in respect of an offence against section 103 (failure to notify change of director or obtain approval of new director) unless the alleged offender:
                (a)    is an airline; or
               (b)    is incorporated outside Australia.
Part 3          Modifications of Liquor Act 1992 of Queensland that apply only in terminal areas of Gold Coast and Townsville Airports
3.1           Section 4
insert
airport‑operator company, in relation to an airport, has the same meaning as subsection 5 (1) of the Airports Act 1996 of the Commonwealth.
3.2           After paragraph 105 (1) (c)
insert
              (ca)    be accompanied by evidence that the airport‑operator company for the airport on which the proposed licensed premises are located consents to the application; and
3.3           Paragraph 110 (4) (a)
substitute
                (a)    any matter raised by the airport‑operator company for the airport on which the licensed premises are located; and
3.4           Paragraph 117 (1) (a)
substitute
                (a)    the airport‑operator company for the airport on which the licensed premises are located;
3.5           Subsection 117 (2)
omit
local government
insert
airport‑operator company
3.6           Section 118
omit
3.7           After subsection 119 (5)
insert
         (6)   However, in this section, member of the public does not include a local government.
3.8           Paragraph 121 (1) (c)
substitute
                (c)    comments from the airport‑operator company for the airport on which the licensed premises are located; and
Part 4          Modifications of Liquor Licensing Act 1997 of South Australia that apply only in terminal areas of Adelaide and Parafield Airports
4.1           Subsection 44 (4)
omit
4.2           Subparagraph 52 (2) (a) (i)
substitute
                          (i)    the airport‑operator company (within the meaning given by subsection 5 (1) of the Airports Act 1996 of the Commonwealth) for the airport on which the licensed premises are, or are to be, located; and
4.3           Paragraph 52 (2) (b)
omit
4.4           Part 4, Divisions 7 to 9
omit
4.5           Subsection 76 (2)
omit
A council in whose area
insert
The airport‑operator company (within the meaning given by subsection 5 (1) of the Airports Act 1996 of the Commonwealth) for the airport on which
4.6           Section 77
omit
Part 5          modifications of Liquor Control Act 1988 of Western Australia that apply at Perth Airport generally
5.1           Section 67
omit
5.2           Subsection 69 (4)
substitute
         (4)   The Director may refer any relevant particulars in relation to the applicant or the application to the Commissioner of Police unless:
                (a)    the applicant:
                          (i)    made an application that relates to land or premises that are the subject of a licence held by the applicant; and
                         (ii)    is to surrender the license if the application is granted; or
               (b)    the Director determines that it is not appropriate in the circumstances to refer any of the relevant particulars to the Commissioner of Police.
5.3           Subsections 69 (7) and (8)
omit
5.4           Subsection 69 (12)
omit
5.5           Subsection 72 (2)
omit
5.6           Sections 97 to 98H
substitute
97            Permitted hours of trading
                Subject to any condition imposed by the licensing authority, a licensee is authorised to sell liquor at any time during the day or night, and on any day in the year.
Part 6          Modifications of Liquor Licensing Act 1990 of Tasmania that apply only in terminal areas of Hobart International and Launceston Airports
6.1           Subsection 23 (2)
substitute
         (2)   The Commissioner may require an applicant for a liquor licence to give the Commissioner a plan of the proposed licensed premises that sufficiently identifies the premises.
6.2           Subsections 23 (3) and (4)
omit
6.3           Section 39
omit
6.4           Section 47
omit
Part 7          Modifications of Liquor Act 2010 of the Australian Capital Territory that apply at Canberra Airport generally
7.1           Paragraph 39 (2) (b)
substitute
               (b)    include:
                          (i)    the proposed final floor plans and specifications for the final premises; and
                         (ii)    evidence that the airport-operator company (within the meaning given by subsection 5 (1) of the Airports Act 1996 of the Commonwealth) for the airport on which the premises are located has consented to the change.
Part 8          Modifications of Liquor Act 2010 of the Australian Capital Territory that apply only in the terminal area of Canberra Airport
8.1           Section 176
substitute
176          Who may complain?
         (1)   A police officer, or the airport-operator company for an airport on which licensed premises are located, may complain to the commissioner if the police officer or company believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee or commercial permit-holder.
         (2)   In this section:
airport-operator company has the same meaning as in the Airports Act 1996 of the Commonwealth.
Note   Ground for occupational discipline, for a licensee—see s 183.
Ground for occupational discipline, for a commercial permit‑holder—see s 184.
Part 9          Modifications of Liquor Regulation 2010 of the Australian Capital Territory that apply at Canberra Airport generally
9.1           Paragraph 16 (1) (i)
omit
9.2           Sections 21 and 29
omit
9.3           Schedule 1, section 1.1, definition of toilet cubicle
omit
9.4           Schedule 1, section 1.1, definition of toilet facility
omit
9.5           Schedule 1, section 1.1, definition of toilet room
omit
 
9.6           Schedule 1, sections 1.2 to 1.7, 1.9, 1.10 and 1.12 to 1.16
omit
Part 10        Modifications of Liquor Act of the Northern Territory that apply at Darwin International and Alice Springs Airports generally
10.1        Subsection 4 (1)
insert
airport-operator company has the same meaning as in the Airports Act 1996 of the Commonwealth.
10.2        Subsection 119 (1)
omit
the Commission’s approval.
insert
the approval of the Commission and the airport-operator company for the airport on which the premises are located.
10.3        Paragraph 119 (2) (c)
substitute
                (c)    accompanied by evidence that the airport-operator company for the airport on which the premises are located consents to the proposed alteration.
10.4        Section 120
omit
Part 11        Modifications of Liquor Act of the Northern Territory that apply only in the terminal area of Darwin International and Alice Springs Airports
11.1        Paragraph 31 (2) (c)
omit
11.2        Subsection 47F (1)
omit
Subject to this section, a person, organisation or group
insert
An inspector, a police officer or the airport-operator company for the airport on which the premises are located
11.3        Subsection 47F (3)
omit
11.4        Section 47H
omit
A person, organisation or group
insert
An inspector, a police officer or the airport-operator company for the airport on which the premises are located
11.5        Section 47H
omit
person’s, organisation’s or group’s
insert
inspector’s, police officer’s or company’s
11.6        Sections 47I and 47J
omit each mention of
person, organisation or group
insert
inspector, police officer or airport-operator company for the airport on which the premises are located
11.7        Parts VIII, VIIIAA and VIIIA
omit
[43]         Schedule 2, item 1, table, after item 24
insert
24A
203A
Stopping in a slip lane
3
5
2.5
5
4
3
2
4
[44]         Schedule 2, item 1, table, after item 27
insert
27A
208A
Parallel parking in a road-related area (except in a median strip parking area)
3
3
2.5
3
2
2
1
2
[45]         Further amendments
Provision
omit each mention of
insert

Subregulation 23 (1)
Part 6
Part 1

Subregulation 23 (2)
Part 7
Part 2

Regulations 37, 53 and 54
may be treated
is to be treated

Regulation 57
Part 10
Part 4

Regulations 60 and 61
may be treated
is to be treated

Regulation 63, definition of licensing authority
LL Act
LC Act

Regulation 64, heading
LL Act
LC Act

Regulation 64
LL Act, in its application to Perth Airport, is modified as set out in Part 11
LC Act, in its application to Perth Airport, is modified as set out in Part 5

Regulations 66, 67 and 68
LL Act
LC Act

Regulation 70, definition of liquor authorisation
LL Act
LC Act

Regulations 71 and 72
LL Act
LC Act

Regulation 73
may be treated as if it were held under the LL Act.
is to be treated as if it were held under the LC Act.

Regulation 74
may be treated as if the person held a liquor licence under the LL Act.
is to be treated as if the person held a liquor licence under the LC Act.

Part 2, Division 7, heading
Hobart Airport
Hobart International Airport

Regulation 76, definition of liquor authorisation
Hobart Airport
Hobart International Airport

Subregulation 77 (1)
Hobart Airport or Launceston Airport, is modified as set out in Part 12
Hobart International Airport or Launceston Airport, is modified as set out in Part 6

Subregulation 77 (2)
Hobart Airport
Hobart International Airport

Subregulations 78 (1)
Hobart Airport or Launceston Airport
Hobart Airport, Hobart International Airport or Launceston Airport

Regulations 80 and 81
may be treated
is to be treated

Subregulation 82 (1)
Hobart Airport or Launceston Airport
Hobart Airport, Hobart International Airport or Launceston Airport

Subregulation 84 (1)
Part 13
Part 7

Subregulation 84 (2)
Part 14
Part 8

Regulations 87 and 88
may be treated
is to be treated

Part 2, Division 9, heading
Darwin Airport
Darwin International Airport

Regulation 90, definition of liquor authorisation
Darwin Airport
Darwin International Airport

Subregulation 91 (1)
Darwin Airport or Alice Springs Airport, is modified as set out in Part 15
Darwin International Airport or Alice Springs Airport, is modified as set out in Part 10

Subregulation 91 (2)
Part 16
Part 11

Subregulation 92 (1)
Darwin Airport or Alice Springs Airport
Darwin Airport, Darwin International Airport or Alice Springs Airport

Regulations 94 and 95
may be treated
is to be treated

Subregulation 96 (1)
Darwin Airport or Alice Springs Airport
Darwin Airport, Darwin International Airport or Alice Springs Airport

Subregulation 98 (3)
may be treated
is to be treated

Paragraph 106A (e)
Hobart Airport
Hobart International Airport

Subregulation 138A (3)
may be treated in any way under a law of New South Wales as if it were a licence or permission granted under that law.
is to be treated as if it were a licence or permission granted under a law of New South Wales.

Schedule 2, clause 1, table heading
Hobart Airport
Hobart International Airport

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.