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Airports (Control of On-Airport Activities) Amendment Regulations 2009 (No. 1)

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Airports (Control of On-Airport Activities) Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 290
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.
Dated 29 October 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure, Transport, Regional Development and Local Government
1              Name of Regulations
                These Regulations are the Airports (Control of On-Airport Activities) Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence on the day after they are 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 106BA (1)
after
for an airport must
insert
, for each financial year,
[2]           After subregulation 106BA (1)
insert
      (1A)   An airport-operator company for an airport must:
                (a)    publish the parking signage plan on the airport’s website; and
               (b)    for the airports mentioned in paragraphs 106A (a) to (h) — give a copy of the parking signage plan to:
                          (i)    the Australian Federal Police; and
                         (ii)    the State police force or service in the State in which the airport is situated.
[3]           After subregulation 106BA (3)
insert
Parking signage plan
         (4)   An airport-operator company for an airport must:
                (a)    give the parking signage plan for the airport for a financial year to the Secretary within 10 business days after the end of the financial year; and
               (b)    comply with subregulation (1A), in relation to the parking signage plan for a financial year, within 10 business days after the end of the financial year.
Standard operating procedures
         (5)   An airport-operator company for an airport must give the standard operating procedures for the airport for a financial year to the Secretary within 10 business days after the end of the financial year.
[4]           After regulation 106BA
insert
106BB   Variation of parking signage plan
         (1)   An airport-operator company may vary a parking signage plan at any time:
                (a)    after the airport-operator has complied with regulation 106BA for a financial year; and
               (b)    before the airport-operator company is required to comply with regulation 106BA for the next financial year.
         (2)   If an airport-operator company for an airport varies a parking signage plan, the airport-operator company must give the Secretary a copy of the varied parking signage plan as soon as practicable after the variation has been made.
         (3)   The varied parking signage plan for the airport takes effect the day after the airport-operator company complies with subregulation (2).
         (4)   The airport-operator company must:
                (a)    publish the varied parking signage plan on the airport’s website; and
               (b)    for the airports mentioned in paragraphs 106A (a) to (h) — give a copy of the varied parking signage plan to:
                          (i)    the Australian Federal Police; and
                         (ii)    the State police force or service in the State in which the airport is situated.
         (5)   The airport-operator company must comply with subregulation (4), in relation to the varied parking signage plan for the airport, as soon as practicable after the variation takes effect.
[5]           Regulation 107, except the notes
substitute
107         Offences against Australian Road Rules
         (1)   This regulation does not apply if:
                (a)    a person is a driver of an emergency vehicle; and
               (b)    the person is driving the vehicle in the course of his or her duties at the time the person contravenes a rule or subrule of the Australian Road Rules mentioned in Schedule 2, as applied by regulation 106E.
         (2)   A person commits an offence if the person contravenes a rule or subrule of the Australian Road Rules mentioned in Schedule 2, as applied by regulation 106E.
Penalty:   The penalty units mentioned in Schedule 2 for that rule or subrule for the airport at which the offence occurs.
         (3)   An offence against subregulation (2) is:
                (a)    a strict liability offence; and
               (b)    an infringement notice offence.
[6]           After subregulation 110 (3), including the penalty
insert
      (3A)   Subregulation (3) does not apply if:
                (a)    the driver is a driver of an emergency vehicle; and
               (b)    the driver is driving the vehicle in the course of his or her duties at the time the driver contravenes a parking control provision.
[7]           Paragraph 114 (c)
omit
company.
insert
company; or
[8]           After paragraph 114 (c)
insert
               (d)    a member or special member of the Australian Federal Police.
[9]           Paragraph 121 (d)
omit
vehicles.
insert
vehicles; or
[10]         After paragraph 121 (d)
insert
                (e)    a member or special member of the Australian Federal Police.
[11]         Paragraph 132 (c)
omit
airport.
insert
airport; or
[12]         After paragraph 132 (c)
insert
               (d)    a member or special member of the Australian Federal Police; or
                (e)    a contractor to an airport-operator company.
[13]         Schedule 2
substitute
Schedule 2        Penalties for contravention of applied Australian Road Rules
(regulation 107)
  
1              Penalties for contravention of applied Australian Road Rules
                In the following table:
                (a)    columns 2 and 3 of an item specify the rule or subrule of the Australian Road Rules that have been applied by regulation 106E and a description of the rule or subrule; and
               (b)    columns 4 to 11 of an item specify the penalty unit or penalty units that apply:
                          (i)    for a contravention of that rule or subrule under subregulation 107 (2); and
                         (ii)    for the airport at which the offence occurs.
Item
Rule or subrule
Description of rule
Sydney (Kingsford-Smith) Airport
Melbourne (Tullamarine) Airport
Brisbane Airport
Perth Airport
Hobart Airport
Gold Coast Airport
Townsville Airport
Launceston Airport

1
167
No stopping signs
6
5
3
5
4
3
2
4

2
168 (1)
No parking signs
3
3
3
3
2
3
1
2

3
169
No stopping on a road with a yellow edge line
6
5
3
5
4
3
2
4

4
170 (1)
Stopping in or near an intersection
3
5
2.5
5
4
3
2
4

5
170 (2)
Stopping in or near an intersection
3
5
2.5
5
4
3
2
4

6
170 (3)
Stopping in or near an intersection
3
5
2.5
5
4
3
2
4

7
172 (1)
Stopping on or near a pedestrian crossing (except at an intersection)
9
5
5.5
5
4
5
2
4

8
176 (1)
Stopping on a clearway
9
5
5.5
5
4
3
2
4

9
178
Stopping in an emergency stopping lane
6
5
5.5
5
4
3
2
4

10
179 (1)
Stopping in a loading zone
3
3
3
3
2
3
2
2

11
179 (2)
Stopping in a loading zone
3
3
3
3
2
3
2
2

12
180 (1)
Stopping in a truck zone
3
3
3
3
2
3
2
2

13
181 (1)
Stopping in a works zone
3
3
3
3
2
2
2
2

14
182 (1)
Stopping in a taxi zone
3
3
3
3
2
3
2
2

15
183 (1)
Stopping in a bus zone
3
3
5.5
5
2
3
2
2

16
184 (1)
Stopping in a minibus zone
3
3
3
5
2
3
2
2

17
185 (1)
Stopping in a permit zone
3
3
3
5
2
3
2
2

18
186 (1)
Stopping in a mail zone
3
3
3
5
2
3
2
2

19
189 (1)
Double parking
3
3
2.5
3
4
3
2
4

20
197 (1)
Stopping on a path, dividing strip or nature strip
3
5
2.5
5
2
2
1
2

21
198 (1)
Obstructing access to and from a footpath, driveway etc
3
3
2.5
3
2
2
2
2

22
198 (2)
Obstructing access to and from a footpath, driveway etc
3
3
2.5
3
2
2
2
2

23
202
Stopping on a road with motor bike parking sign
3
3
3
5
2
3
2
2

24
203 (1)
Stopping in a parking area for people with disabilities
9
5
5.5
3
4
5
2
4

25
205
Parking for longer than indicated
3
3
2.5
3
2
3
1
2

26
207 (2)
Parking where fees are payable
3
3
2.5
3
2
3
2
2

27
208 (1)
Parallel parking on a road (except in a median strip parking area)
3
3
2.5
3
2
2
1
2

28
209 (2)
Parallel parking in a median strip parking area
3
3
2.5
3
2
2
1
2

29
210 (1)
Angle parking
3
3
2.5
3
2
2
1
2

30
211 (1)
Parking in parking bays
3
3
2.5
5
2
2
1
2

31
211 (2)
Parking in parking bays
3
3
2.5
5
2
2
1
2

32
211 (3)
Parking in parking bays
3
3
2.5
5
2
2
1
2

33
212 (1)
Entering and leaving a median strip parking area
3
3
3
3
2
2
1
2

34
212 (2)
Entering and leaving a median strip parking area
3
3
3
3
2
2
1
2

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