(regulation 3)

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[1] Regulation 1.01

substitute

1.01 Name of regulations

These regulations are the Airports (Control of On‑Airport Activities) Regulations 1997.

Note For the application of State law in a Commonwealth place generally, see the Commonwealth Places (Application of Laws) Act 1970.

[2] Subregulation 2.21 (1)

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Subdivision 1 of Division 1 of

[3] Subregulation 2.21 (2)

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Subdivision 2 of Division 1 of Part 1

insert

Part 1A

[4] Subregulation 2.21A (1)

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Subdivision 1 of Division 2 of Part 1

insert

Part 1B

[5] Subregulation 2.21A (2)

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Clause 15

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Item 15

[6] Subregulation 2.21A (3)

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Subdivision 2 of Division 2 of Part 1

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Part 1C

[7] Subregulation 2.21A (5)

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Subdivision 3 of Division 2 of Part 1

insert

Part 1D

[8] Subregulation 2.21B (3)

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Chapter 111

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Chapter III

[9] Regulation 2.28

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clause

insert

item

[10] Subdivision 2.3.1

substitute

Subdivision 2.3.1 Preliminary

2.31 Definitions for Division

In this Division:

Director means the Director of Liquor Licensing appointed under section 149 of the LCR Act.

LCR Act means the Liquor Control Reform Act 1998 of Victoria.

2.32 Modifications of LCR Act at Part 11 airports in Victoria

(1) The LCR Act, in its application to premises at a Part 11 airport in Victoria, is modified as set out in Part 2 of Schedule 1.

(2) The LCR Act, in its application to premises at Melbourne (Tullamarine) Airport, is further modified as set out in Part 2A of Schedule 1.

[11] Subregulations 2.33 (3), (4), (5), (6), (7) and (8)

substitute

(2) An existing authorisation to sell or supply duty-free liquor has effect as a packaged liquor licence permitting the supply of liquor 24 hours a day.

(3) An existing authorisation, so far as it authorises the use of premises to sell or supply liquor for consumption on the premises, has effect as an on-premises licence permitting the supply of liquor 24 hours a day.

(4) An existing authorisation, so far as it authorises the use of premises for the sale or supply of liquor for consumption on and off the premises, has effect as a general licence permitting the supply of liquor 24 hours a day.

(5) An existing authorisation, so far as it authorises a club to use premises for the sale or supply of liquor, has effect as a general licence permitting the supply of liquor 24 hours a day.

(6) An existing authorisation, so far as it authorises the sale or supply of liquor on premises whose primary purpose is providing accommodation, has effect as a general licence permitting the supply of liquor 24 hours a day.

(7) However, an existing authorisation referred to in subsection (6) does not authorise the supply of liquor for consumption off the premises.

(8) An existing authorisation that is continued in effect by this regulation continues to be subject to the same conditions as it was immediately before the grant of an airport lease for Melbourne (Tullamarine) Airport.

[12] After regulation 2.33

insert

2.33A Transitional — authority for trading off‑premises

(1) While Ansett Airlines Limited is the holder of an existing authorisation that has effect as a general licence under subregulation 2.33 (3), the supply of liquor by Australian Concession Management in the course of catering for social receptions or functions on the airport site is taken to have been authorised by the Director for paragraph 9 (1) (b) of the LCR Act.

(2) While Marriott Airport Concessions Pty Ltd is the holder of an existing authorisation that has effect as a general liquor licence under subregulation 2.33 (3), the supply of liquor in the course of catering for social receptions or functions on the airport site (except the premises known as Café Expresso on the airside of the airport) are taken to be authorised by the Director for paragraph 9 (1) (b) of the LCR Act.

2.33B How long existing authorisation continues

Despite section 50 of the LCR Act, an existing authorisation that is continued in force under this Subdivision continues in force until:

(a) if the existing authorisation is conferred in a lease, licence, sublease or sublicence — the lease, sublease, licence or sublicence ends; or

(b) it is cancelled.

2.33C No need to renew existing authorisation

Nothing in Division 8 of Part 2 of the LCR Act applies to an existing authorisation while that authorisation is continued in force by this Subdivision.

[13] Subregulation 2.34 (1)

omit

the LC Act

insert

the LCR Act

[14] Regulation 2.35

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the LC Act.

insert

the LCR Act.

[15] Regulation 2.36

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[16] Regulation 2.37

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2.37 Transitional — persons under 18 on premises taken to be licensed

An unconditional approval is taken to have been given for the presence, on premises to which an existing authorisation applies, of persons under 18.

[17] Subregulation 2.37B (2)

substitute

(2) The liquor licence is taken to be:

(a) in the case of Flightdeck Sports Club Pty Ltd and its premises at Essendon Airport — an on‑premises licence permitting the supply of liquor until 2.00 am on any day in the year; and

(b) in the case of Lone Star Steakhouse and Saloon Bar Pty Ltd and its premises at Moorabbin Airport — an on-premises licence permitting the supply of liquor during ordinary trading hours subject to the following conditions:

(i) that the predominant activity carried on on the premises must be the preparation and serving of meals for consumption on the premises;

(ii) that, at any time, there must be enough tables and chairs available on the premises to accommodate at least 75% of the patrons in the premises at the time; and

(c) in the case of General Flying Services Pty Ltd and its premises at Moorabbin Airport — a limited licence subject to the conditions that:

(i) liquor may be sold only to members and guests of members, and only for consumption on the premises; and

(ii) on Fridays liquor may be sold only between 5.30 pm and 11 pm; and

(iii) on Saturdays liquor may be sold only between 2.30 pm and 11 pm; and

(iv) on Sundays liquor may be sold only between 2.30 pm and 8.30 pm; and

(v) on other days liquor may be sold only between 5.30 pm and 8.30 pm.

[18] Subregulation 2.37B (4)

omit

the LC Act.

insert

the LCR Act.

[19] Subregulation 2.37B (5)

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[20] Regulation 2.37C

substitute

2.37C How long licence continues

Despite section 50 of the LCR Act, a liquor licence that is taken to have been granted under this Subdivision continues in force until:

(a) if the relevant liquor authorisation is conferred in a lease, licence, sublease or sublicence — the lease, sublease, licence or sublicence ends; or

(b) it is cancelled.

2.37CA No need to renew licence

Nothing in Division 8 of Part 2 of the LCR Act applies to a liquor licence that is taken to have been granted under this Subdivision while the licence is continued in force by regulation 2.37C.

[21] Subregulation 2.37D (2)

substitute

(2) To avoid doubt, it is declared that an extended hours permit that a person is taken to hold under subregulation 2.37B (2) may be surrendered or cancelled independently of the liquor licence that the person is taken to hold.

[22] Regulation 2.37E

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the LC Act.

insert

the LCR Act.

[23] Subregulation 2.38 (1)

omit

the Commission

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the Director

[24] Subregulation 2.38 (2)

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the Commission

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the Director

[25] Subregulation 2.42 (1)

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Division 3.1 of

[26] Subregulation 2.42 (2)

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Division 3.2 of that Part

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Part 3A

[27] Regulation 2.52

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2.52 Application of Liquor Licensing Act

The Liquor Licensing Act, in its application to premises in the terminal area of Adelaide Airport or Parafield Airport, is modified as set out in Part 4 of Schedule 1.

[28] Regulation 2.62

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2.62 Application of LL Act at Perth Airport

The LL Act, in its application to Perth Airport, is modified as set out in Part 5 of Schedule 1.

[29] Subregulation 2.82 (1)

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Division 7.1 of

[30] Subregulation 2.82 (2)

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Division 7.2 of that Part

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Part 7A of Schedule 1

[31] Regulation 2.91, definition of Liquor Act

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1978

[32] Subregulation 2.92 (1)

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Division 8.1 of

[33] Subregulation 2.92 (2)

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Division 8.2 of that Part

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Part 8A of Schedule 1

[34] Regulation 4.41, definition of AUA, paragraph (b)

omit

regulation 4.44A

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regulation 4.44AA

[35] Regulation 5.01, definition of regulated airport

substitute

regulated airport means an airport to which Part 11 of the Act applies, except Bankstown Airport, Camden Airport, Hoxton Park Airport, Mount Isa Airport, Sydney (Kingsford-Smith) Airport, and Tennant Creek Airport.

[36] Schedule 1, Part 1, heading

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Part 1 Permanent modifications of Liquor Act 1982 (NSW) that apply at all Part 11 airports in New South Wales

[37] Schedule 1, Part 1, Division 1, heading

omit

[38] Schedule 1, Part 1, Division 1, Subdivision 1, heading

omit

[39] Schedule 1, Part 1, Division 1, Subdivision 2, heading

substitute

Part 1A Permanent modifications of Liquor Act 1982 (NSW) that apply only at Sydney (Kingsford-Smith) Airport

[40] Schedule 1, Part 1, Division 2, heading

substitute

Part 1B Transitional modifications of Liquor Act 1982 (NSW) that apply at all Part 11 airports in New South Wales

[41] Schedule 1, Part 1, Division 2, Subdivision 1, heading

omit

[42] Schedule 1, Part 1, Division 2, Subdivision 2, heading

substitute

Part 1C Transitional modifications of Liquor Act 1982 (NSW) that apply only at Sydney (Kingsford-Smith) Airport

[43] Schedule 1, Part 1, Division 2, Subdivision 3, heading

substitute

Part 1D Transitional modifications of Liquor Act 1982 (NSW) that apply only at Bankstown Airport

[44] Schedule 1, Part 2

substitute

Part 2 Modifications of the Liquor Control Reform Act 1998 (Vic) that apply at all Part 11 airports in Victoria

{1} Subsection 9 (3)

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Planning and Environment Act 1987

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Airports Act 1996 of the Commonwealth

{2} Subsection 16 (1)

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Planning and Environment Act 1987

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Airports Act 1996 of the Commonwealth

{3} Paragraph 28 (1) (c)

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{4} Subsection 28 (3)

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other

{5} Paragraph 29 (3) (c)

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(c) except in the case of an application by the Chief Commissioner or a licensing inspector, be accompanied by the prescribed variation fee.

{6} Subsection 29 (4)

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other

{7} Paragraph 31 (2) (c)

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{8} After subsection 31 (2)

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(3) If the Director requests an applicant for a relocation to give any information, the applicant must comply with the request.

{9} Paragraph 32 (2) (c)

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{10} Subsection 32 (3)

omit

other

Part 2A Modifications of the Liquor Control Reform Act 1998 (Vic) that apply only at Melbourne (Tullamarine) Airport

{1} Paragraph 18 (2) (b)

substitute

(b) a club licence; or

(c) a licence or permit held by a corporation 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} 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 of the Airports Act 1996 of the Commonwealth) for Melbourne (Tullamarine) Airport.

{3} Subsection 33 (3)

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the relevant Council

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the airport lessee company

{4} Sections 34 and 35

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{5} Section 37

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display, advertisement and

{6} Section 38

omit

{7} Section 40, heading

substitute

40 Objection by airport-lessee company

{8} Subsection 40 (1)

substitute

(1) The airport-lessee company (within the meaning of the Airports Act 1996 of the Commonwealth) for Melbourne (Tullamarine) Airport may object to:

(a) the grant or variation of a licence in respect of premises on that airport; or

(b) 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 situated.

{9} 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

{10} Section 41

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{11} Paragraph 42 (a)

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{12} After section 54

insert

54A Nominee of licensee or permittee that is a corporation incorporated outside Australia

In the case of an airline, or a corporation incorporated outside Australia, that is a licensee or permittee of premises at Melbourne (Tullamarine) Airport, or is the holder of an existing authorisation that is taken, under regulation 2.33 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 the licensed premises, or the premises taken to be licensed, for the corporation is taken to have been nominated by it, and approved by the Director, under section 54.

{13} Paragraphs 90 (2) (c) and (d)

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{14} Paragraphs 95 (2) (b) and (c)

substitute

(b) a licensing inspector.

{15} Section 98

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{16} Paragraph 103 (3) (c)

substitute

(d) a licence or permit held by a corporation 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.

{17} 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.

{18} Subsection 141 (1)

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sub-section (2)

insert

sub-section (2) or (3)

{19} Paragraph 141 (2) (d)

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{20} 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.

[45] Schedule 1, Part 3, heading

substitute

Part 3 Modifications of Liquor Act 1992 (Qld) that apply only at Brisbane Airport

[46] Schedule 1, Part 3, Division 3.1, heading

omit

[47] Schedule 1, Part 3, item 4, substituted section 117, heading

insert

Advice about application etc

[48] Schedule 1, Part 3, Division 3.2, heading

substitute

Part 3A Modifications of Liquor Act 1992 (Qld) that apply only in the terminal areas of Coolangatta and Townsville Airports

[49] Schedule 1, Part 4, heading

substitute

Part 4 Modifications of Liquor Licensing Act 1997 (SA)

[50] Schedule 1, Part 4, Division 4.1, heading

omit

[51] Schedule 1, Part 4, Division 4.2

omit

[52] Schedule 1, Part 7, heading

substitute

Part 7 Modifications of Liquor Act 1975 (ACT) that apply at Canberra Airport generally

[53] Schedule 1, Part 7, Division 7.1, heading

omit

[54] Schedule 1, Part 7, Division 7.2, heading

substitute

Part 7A Modifications of Liquor Act 1975 (ACT) that apply only in the terminal area of Canberra Airport

[55] Schedule 1, Part 8, heading

substitute

Part 8 Modifications of Liquor Act (NT) that apply at Part 11 airports in the Northern Territory

[56] Schedule 1, Part 8, Division 8.1, heading

omit

[57] Schedule 1, Part 8, Division 8.2, heading

substitute

Part 8A Modifications of Liquor Act (NT) that apply only in the terminal area of an airport in the Northern Territory

[58] Schedule 1, Part 8A, item 5

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{5} Subsection 48 (1)

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A person

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An inspector, a police officer, or the airport-operator company for the airport

{5A} Subsection 48 (2)

omit

A person

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An inspector, a police officer, or the airport-operator company for the airport

[59] Parts of the regulations

renumber consecutively beginning with 1

[60] Division headings in square brackets

omit

[61] Divisions in a Part

renumber consecutively beginning with 1

[62] Subdivisions in a Division

renumber consecutively beginning with 1

[63] Regulations

renumber consecutively beginning with 1

[64] Subregulations in a regulation

renumber consecutively beginning with (1)

[65] Paragraphs in a regulation that is not divided into subregulations, or in a subregulation or definition

re-letter consecutively with lower-case letters beginning with (a)

[66] Subparagraphs in a paragraph

renumber consecutively with lower-case roman numerals beginning with (i)

[67] Sub-subparagraphs in a subparagraph

re-letter consecutively with upper-case letters beginning with (A)

[68] Parts of Schedule 1

renumber consecutively beginning with 1

[69] Items in Schedule 1

renumber consecutively beginning with {1}

[70] A reference to the item number in the number of a subitem in Schedule 1

omit the item number, insert its number (without braces) after renumbering

[71] A reference to a renumbered provision

omit the provision number, insert its number after renumbering

[72]

Note A note that contains a reference to a provision of the regulations by number is amended by omitting the number and inserting the number after renumbering.

Notes

1. These regulations amend Statutory Rules 1997 No. 57, as amended by 1997 Nos. 105 and 178; 1998 Nos. 98, 118 and 207.

2. Made by the Governor-General on 12 May 1999, and notified in the Commonwealth of Australia Gazette on 19 May 1999.

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