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.