{"id":"C2004A04984","name":"Sydney Airport Curfew Act 1995","slug":"sydney-airport-curfew-act-1995","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"134 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38906,"registerId":"commonwealth-C2004A04984-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Sydney Airport Curfew Act 1995.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences:\n    (a) if the 28th day after the day on which this Act receives the Royal Assent is a Sunday—at 10.45 pm on that Sunday; or\n    (b) otherwise—at 10.45 pm on the first Sunday after that 28th day.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act, the following terms have the meanings set out below:\n\n> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.\n\n> Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995.\n\n> air traffic controller has the meaning given by the regulations.\n\n> Australia includes all the external Territories.\n\n> authorised person means:\n\n    (a) the Secretary of the Department; or\n    (b) a person appointed in writing by the Secretary to be an authorised person for the purposes of this Act; or\n    (c) a person included in a class of persons appointed in writing by the Secretary to be authorised persons for the purposes of this Act.\n\n> curfew period has the meaning given by section 6.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> international airline licence means an international airline licence granted as mentioned in subsection 12(1) of the Air Navigation Act 1920.\n\n> land—an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take‑off weight.\n\n> noise certificate has the meaning given by the regulations.\n\n> operator of an aircraft means a person who conducts an aircraft operation using the aircraft.\n\n> Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport.\n\n> take off—an aircraft takes off when it leaves the ground.\n\n> the Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended and in force from time to time.\n\n> week means a period of 7 days starting at 11 pm on a Sunday.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3A Application of the Criminal Code\n\n  Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Explanation of runway names","content":"#### 4 Explanation of runway names\n\n  (1) The diagram below shows the runways at Sydney Airport.\n  ![A diagram showing the names and orientation of runways at Sydney Airport.](image.002.png)\n  (2) The following runway names are used in this Act:\n    (a) runway 16R—this is the name for the runway marked A when used for a take‑off to the south;\n    (b) runway 34L—this is the name for the runway marked A when used for a landing from the south;\n    (c) runway 16L—this is the name for the runway marked B when used for a take‑off to the south.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Time is legal time in New South Wales","content":"#### 5 Time is legal time in New South Wales\n\n  References in this Act to time are references to legal time in New South Wales.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"The curfew and related restrictions","content":"An Act to impose a curfew and related restrictions on aircraft movements at Sydney Airport, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Sydney Airport Curfew Act 1995.\n\n#### 2 Commencement\n\n  This Act commences:\n    (a) if the 28th day after the day on which this Act receives the Royal Assent is a Sunday—at 10.45 pm on that Sunday; or\n    (b) otherwise—at 10.45 pm on the first Sunday after that 28th day.\n\n#### 3 Definitions\n\n  In this Act, the following terms have the meanings set out below:\n\n> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.\n\n> Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995.\n\n> air traffic controller has the meaning given by the regulations.\n\n> Australia includes all the external Territories.\n\n> authorised person means:\n\n    (a) the Secretary of the Department; or\n    (b) a person appointed in writing by the Secretary to be an authorised person for the purposes of this Act; or\n    (c) a person included in a class of persons appointed in writing by the Secretary to be authorised persons for the purposes of this Act.\n\n> curfew period has the meaning given by section 6.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> international airline licence means an international airline licence granted as mentioned in subsection 12(1) of the Air Navigation Act 1920.\n\n> land—an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take‑off weight.\n\n> noise certificate has the meaning given by the regulations.\n\n> operator of an aircraft means a person who conducts an aircraft operation using the aircraft.\n\n> Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport.\n\n> take off—an aircraft takes off when it leaves the ground.\n\n> the Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended and in force from time to time.\n\n> week means a period of 7 days starting at 11 pm on a Sunday.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 4 Explanation of runway names\n\n  (1) The diagram below shows the runways at Sydney Airport.\n  ![A diagram showing the names and orientation of runways at Sydney Airport.](image.002.png)\n  (2) The following runway names are used in this Act:\n    (a) runway 16R—this is the name for the runway marked A when used for a take‑off to the south;\n    (b) runway 34L—this is the name for the runway marked A when used for a landing from the south;\n    (c) runway 16L—this is the name for the runway marked B when used for a take‑off to the south.\n\n#### 5 Time is legal time in New South Wales\n\n  References in this Act to time are references to legal time in New South Wales.\n\n## Part 2—The curfew and related restrictions\n\n### Division 1—The curfew\n\n#### 6 Curfew periods\n\n  A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n#### 7 Prohibition on taking off or landing during curfew periods\n\n  (1) An aircraft must not take off from, or land at, Sydney Airport during a curfew period, unless the take off or landing is permitted under Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 1,000 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Use of reverse thrust during curfew periods\n\n  (1) If an aircraft lands at Sydney Airport during a curfew period using reverse thrust greater than idle reverse thrust, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reason why reverse thrust greater than idle reverse thrust was used during the landing; and\n    (d) be lodged by giving the return to an authorised person at a prescribed address.\n  (4) The operator of an aircraft should not plan to land the aircraft at Sydney Airport during a curfew period if the operator is aware that the landing would require the use of reverse thrust greater than idle reverse thrust.\n  (5) The pilot of an aircraft landing at Sydney Airport during a curfew period should use only the minimum reverse thrust necessary for a safe landing.\n\n#### 9 Missed approaches during curfew periods\n\n  (1) If an aircraft attempts to land at Sydney Airport during a curfew period but misses the approach, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the attempted landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the attempted landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reasons for missing the approach, including the wind conditions prevailing at the time; and\n    (d) state the down wind limits for landing specified in the aircraft’s flight manual; and\n    (e) be lodged by giving the return to an authorised person at a prescribed address.\n\n### Division 2—Related restrictions\n\n#### 10 Runways to be used for take‑offs between 10.45 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 10.45 pm and 11 pm must take off from runway 16L or runway 16R unless the take‑off is permitted under Division 2 of Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 500 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 11 Runways to be used for take‑offs and landings on weekends between 6 am and 7 am and 10 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must take off from runway 16L or 16R unless:\n    (a) it takes off from another runway that has been nominated by an air traffic controller (provided the take‑off does not contravene subsection 10(1)); or\n    (b) the take‑off is permitted under Division 2 of Part 3.\n  (2) An aircraft landing at Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must land on runway 34L unless:\n    (a) it lands on another runway that has been nominated by an air traffic controller; or\n    (b) the landing is permitted under Division 2 of Part 3.\n  (3) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1) or (2).\n\nPenalty: 100 penalty units.\n\n  (3A) Strict liability applies to paragraph (3)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) At the end of each month, Airservices Australia must give the Secretary a written report setting out:\n    (a) the number of times (if any) during the month that air traffic controllers nominated runways as mentioned in paragraphs (1)(a) and (2)(a); and\n    (b) the reasons for nominating those runways.\n\n## Part 3—Permitted aircraft movements\n\n### Division 1—Movements permitted during curfew periods\n\n#### 12 International passenger aircraft movements during curfew shoulder periods\n\n  (1) For the purposes of this section, an aircraft is an international passenger aircraft on take‑off from, or landing at, Sydney Airport if:\n    (a) the aircraft is being used to carry passengers for hire or reward in an air service that is covered by an international airline licence; and\n    (b) for a take‑off from Sydney Airport—the first port of call of the aircraft after taking off from Sydney Airport is outside Australia; and\n    (c) for a landing at Sydney Airport—the last port of call of the aircraft before landing at Sydney Airport was outside Australia.\n  (2) An international passenger aircraft may take off from, or land at, Sydney Airport between 11 pm and midnight, or may land at Sydney Airport between 5 am and 6 am, if:\n    (a) the take‑off or landing is covered by a timetable prescribed by the regulations; and\n    (b) the take‑off or landing has been approved under subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L; and\n    (f) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft).\n  (4) On written application by the holder of an international airline licence, the Secretary of the Department may, in writing, approve a take‑off from, or landing at, Sydney Airport between 11 pm and midnight on a specified day, or a landing at Sydney Airport between 5 am and 6 am on a specified day, if:\n    (a) granting the approval is consistent with the quota requirements in whichever of subsections (8) and (9) applies; and\n    (b) the Secretary is satisfied that approving the take‑off or landing during that period on that day is justified because:\n    (i) there are curfew constraints at overseas airports or there is a lack of capacity at Sydney Airport outside curfew periods; and\n    (ii) there is no alternative airport in the Sydney area with capacity to accommodate the take‑off or landing.\n  (5) An application for approval under subsection (4) must set out the reasons why the applicant thinks the approval should be granted, having regard in particular to paragraph (4)(b).\n  (6) The Secretary may defer making the decision on an application for approval until the applicant has provided such further information relevant to making the decision as the Secretary requires.\n  (7) Application may be made to the Administrative Review Tribunal for review of a decision to refuse to grant an approval.\n  (8) These are the quota requirements that apply to take‑offs and landings between 11 pm and midnight:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight must not exceed 14, or such lower number as is prescribed; and\n    (b) the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight on a day must not exceed 4, or such lower number as is prescribed.\n  (9) These are the quota requirements that apply to landings between 5 am and 6 am:\n    (a) during a week, the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am must not exceed 35, or such lower number as is prescribed; and\n    (b) the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am on a day must not exceed 7, or such lower number as is prescribed.\n  (10) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 13 BAe‑146 and DC9 aircraft used for freight\n\n  (1) Subject to section 17, an aircraft of the type known as Bae‑146 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the take‑off or landing will not breach the quota requirements in subsection (3); and\n    (c) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (d) for a landing—the landing is on runway 34L.\n  (2) Subject to section 17, an aircraft of the type known as DC9 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may, on or before 5 May 1996, take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) the take‑off or landing will not breach the quota requirements in subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L.\n  (3) These are the quota requirements that apply to take‑offs and landings of aircraft of the type known as Bae‑146:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed:\n    (i) if the week ends on or before 5 May 1996—65, or such lower number as is prescribed; or\n    (ii) if the week ends after 5 May 1996—74, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (4) These are the quota requirements that apply to take‑offs and landings, on or before 5 May 1996, of aircraft of the type known as DC9:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed 6, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (5) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 14 Propeller‑driven aircraft under 34,000 kilograms that comply with noise standards\n\n  Subject to section 17, a propeller‑driven aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3, 5 (other than paragraph 5.1.3), 6 or 10 of the Annex that are applicable to aircraft of the class to which the aircraft belongs;\n  may:\n    (c) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (d) land on runway 34L during a curfew period.\n\n#### 15 Jet aircraft under 34,000 kilograms that comply with noise standards and that are specified by the Minister\n\n  (1) Subject to section 17, a jet aircraft of a type specified in a legislative instrument made under subsection (2) may:\n    (a) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (b) land on runway 34L during a curfew period.\n  (2) Subject to subsections (5) and (6), the Minister may, by legislative instrument, specify a type of jet aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) complies with the 90‑95 noise level rule specified in subsection (3).\n  (3) A type of aircraft complies with the 90‑95 rule if aircraft of that type have a noise level that:\n    (a) on take‑off:\n    (i) does not exceed 90 EPNdB; or\n    (ii) if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise—does not exceed 92 EPNdB; and\n    (b) on landing:\n    (i) does not exceed 95 EPNdB; or\n    (ii) if the amount in excess of 95 EPNdB is offset by a maximum noise level on take‑off that is correspondingly lower than the amount specified in subparagraph (a)(i)—does not exceed 97 EPNdB.\n  (4) In subsection (3), noise level, expressed as a figure of EPNdB, means the effective perceived noise in decibels:\n    (a) measured by reference to the test procedures specified in Chapter 3 of the Annex; and\n    (b) certified in a noise certificate.\n  (6) The consultation procedures set out in the Schedule apply if the Minister proposes to make a legislative instrument under subsection (2).\n\n#### 16 Take‑off from runway 16R when taxi clearance received before start of curfew period\n\n  An aircraft may take off from runway 16R during a curfew period if it received taxi clearance for the take‑off before the start of the curfew period.\n\n#### 17 Sections 13, 14 and 15 do not apply after airport at Badgerys Creek is available for night use\n\n  Sections 13, 14 and 15 do not apply to a take‑off or landing that occurs on or after the date specified by the Minister by notice in the Gazette as the date on which the airport to be constructed at the site known as Badgerys Creek is able to be used for night aircraft movements.\n\n### Division 2—Emergencies and dispensations\n\n#### 18 Aircraft may take off or land in emergencies or if Minister grants dispensation\n\n  An aircraft may take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if:\n    (a) the aircraft is involved in an emergency as described in section 19; or\n    (b) a dispensation granted by the Minister under section 20 authorises the take‑off or landing and the take‑off or landing is in accordance with any conditions of the dispensation; or\n    (c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the aircraft is being used for or in connection with the emergency to which the declaration relates.\n\n#### 19 Emergencies\n\n  An aircraft is involved in an emergency if:\n    (a) the aircraft is being used for or in connection with:\n    (i) a search and rescue operation; or\n    (ii) a medical emergency; or\n    (iii) a natural disaster; or\n    (b) the pilot of the aircraft has declared an in‑flight emergency; or\n    (c) the aircraft has insufficient fuel to be diverted to another airport; or\n    (d) there is an urgent need for the aircraft to land or take off:\n    (i) to ensure the safety or security of the aircraft or any person; or\n    (ii) to avoid damage to property.\n\n#### 20 Dispensations in exceptional circumstances\n\n  (1) The Minister may grant a dispensation authorising an aircraft to take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if the Minister is satisfied that there are exceptional circumstances justifying the take‑ off or landing.\n  (2) A dispensation may be granted subject to conditions including, for example, conditions relating to when the take‑off or landing must occur and the runway to be used.\n  (3) In granting dispensations, the Minister must have regard to guidelines made under subsection (5).\n  (4) A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.\n  (5) The Minister must, by legislative instrument, make guidelines about the granting of dispensations under this section including, in particular:\n    (a) what constitutes exceptional circumstances; and\n    (b) the conditions to which dispensations should be subject.\n  (7) The consultation procedures set out in the Schedule apply if the Minister proposes to make guidelines under subsection (5).\n\n## Part 4—Provision of information\n\n#### 21 Authorised person may require the provision of information\n\n  (1) An authorised person may, by notice in writing given to the operator of an aircraft, require the operator to give the authorised person, within 30 days of receiving the notice:\n    (a) information relating to the noise level of the aircraft; or\n    (b) information relevant to determining whether a take‑off or landing of the aircraft was permitted by paragraph 18(a) (emergencies).\n  (2) The operator must not fail to comply with the notice.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n  (3) This section does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.\n\n#### 22 Provision of false information\n\n  The operator of an aircraft must not, for a purpose connected with this Act, give information to an authorised person that is false or misleading in a material particular.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n## Part 5—Consultation before Act is amended\n\n#### 23 Minister to consult\n\n  (1) The consultation procedures set out in the Schedule apply if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.\n  (2) If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.\n\n## Part 6—Miscellaneous\n\n#### 24 Delegation\n\n  (1) The Minister may, in writing, delegate the Minister’s powers to grant dispensations under section 20 to:\n    (a) the Secretary of the Department; or\n    (b) an officer of the Department; or\n    (c) an employee of Airservices Australia.\n  (2) The Secretary of the Department may, in writing, delegate the Secretary’s powers to grant approvals under section 12 to an officer of the Department.\n\n#### 25 Conduct by directors, employees and agents\n\n  (1) If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) In this section:\n\n> director, in relation to a body that:\n\n    (a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and\n    (b) is constituted by one or more members;\n  means the member, or any of the members, constituting the body.\n\n> engage in conduct includes fail or refuse to engage in conduct.\n\n> offence against this Act includes the following:\n\n    (a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act;\n    (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code.\n\n> state of mind, in relation to a person, includes:\n\n    (a) the person’s knowledge, intention, opinion, belief or purpose; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 26 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"The curfew","content":"An Act to impose a curfew and related restrictions on aircraft movements at Sydney Airport, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Sydney Airport Curfew Act 1995.\n\n#### 2 Commencement\n\n  This Act commences:\n    (a) if the 28th day after the day on which this Act receives the Royal Assent is a Sunday—at 10.45 pm on that Sunday; or\n    (b) otherwise—at 10.45 pm on the first Sunday after that 28th day.\n\n#### 3 Definitions\n\n  In this Act, the following terms have the meanings set out below:\n\n> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.\n\n> Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995.\n\n> air traffic controller has the meaning given by the regulations.\n\n> Australia includes all the external Territories.\n\n> authorised person means:\n\n    (a) the Secretary of the Department; or\n    (b) a person appointed in writing by the Secretary to be an authorised person for the purposes of this Act; or\n    (c) a person included in a class of persons appointed in writing by the Secretary to be authorised persons for the purposes of this Act.\n\n> curfew period has the meaning given by section 6.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> international airline licence means an international airline licence granted as mentioned in subsection 12(1) of the Air Navigation Act 1920.\n\n> land—an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take‑off weight.\n\n> noise certificate has the meaning given by the regulations.\n\n> operator of an aircraft means a person who conducts an aircraft operation using the aircraft.\n\n> Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport.\n\n> take off—an aircraft takes off when it leaves the ground.\n\n> the Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended and in force from time to time.\n\n> week means a period of 7 days starting at 11 pm on a Sunday.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 4 Explanation of runway names\n\n  (1) The diagram below shows the runways at Sydney Airport.\n  ![A diagram showing the names and orientation of runways at Sydney Airport.](image.002.png)\n  (2) The following runway names are used in this Act:\n    (a) runway 16R—this is the name for the runway marked A when used for a take‑off to the south;\n    (b) runway 34L—this is the name for the runway marked A when used for a landing from the south;\n    (c) runway 16L—this is the name for the runway marked B when used for a take‑off to the south.\n\n#### 5 Time is legal time in New South Wales\n\n  References in this Act to time are references to legal time in New South Wales.\n\n## Part 2—The curfew and related restrictions\n\n### Division 1—The curfew\n\n#### 6 Curfew periods\n\n  A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n#### 7 Prohibition on taking off or landing during curfew periods\n\n  (1) An aircraft must not take off from, or land at, Sydney Airport during a curfew period, unless the take off or landing is permitted under Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 1,000 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Use of reverse thrust during curfew periods\n\n  (1) If an aircraft lands at Sydney Airport during a curfew period using reverse thrust greater than idle reverse thrust, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reason why reverse thrust greater than idle reverse thrust was used during the landing; and\n    (d) be lodged by giving the return to an authorised person at a prescribed address.\n  (4) The operator of an aircraft should not plan to land the aircraft at Sydney Airport during a curfew period if the operator is aware that the landing would require the use of reverse thrust greater than idle reverse thrust.\n  (5) The pilot of an aircraft landing at Sydney Airport during a curfew period should use only the minimum reverse thrust necessary for a safe landing.\n\n#### 9 Missed approaches during curfew periods\n\n  (1) If an aircraft attempts to land at Sydney Airport during a curfew period but misses the approach, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the attempted landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the attempted landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reasons for missing the approach, including the wind conditions prevailing at the time; and\n    (d) state the down wind limits for landing specified in the aircraft’s flight manual; and\n    (e) be lodged by giving the return to an authorised person at a prescribed address.\n\n### Division 2—Related restrictions\n\n#### 10 Runways to be used for take‑offs between 10.45 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 10.45 pm and 11 pm must take off from runway 16L or runway 16R unless the take‑off is permitted under Division 2 of Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 500 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 11 Runways to be used for take‑offs and landings on weekends between 6 am and 7 am and 10 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must take off from runway 16L or 16R unless:\n    (a) it takes off from another runway that has been nominated by an air traffic controller (provided the take‑off does not contravene subsection 10(1)); or\n    (b) the take‑off is permitted under Division 2 of Part 3.\n  (2) An aircraft landing at Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must land on runway 34L unless:\n    (a) it lands on another runway that has been nominated by an air traffic controller; or\n    (b) the landing is permitted under Division 2 of Part 3.\n  (3) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1) or (2).\n\nPenalty: 100 penalty units.\n\n  (3A) Strict liability applies to paragraph (3)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) At the end of each month, Airservices Australia must give the Secretary a written report setting out:\n    (a) the number of times (if any) during the month that air traffic controllers nominated runways as mentioned in paragraphs (1)(a) and (2)(a); and\n    (b) the reasons for nominating those runways.\n\n## Part 3—Permitted aircraft movements\n\n### Division 1—Movements permitted during curfew periods\n\n#### 12 International passenger aircraft movements during curfew shoulder periods\n\n  (1) For the purposes of this section, an aircraft is an international passenger aircraft on take‑off from, or landing at, Sydney Airport if:\n    (a) the aircraft is being used to carry passengers for hire or reward in an air service that is covered by an international airline licence; and\n    (b) for a take‑off from Sydney Airport—the first port of call of the aircraft after taking off from Sydney Airport is outside Australia; and\n    (c) for a landing at Sydney Airport—the last port of call of the aircraft before landing at Sydney Airport was outside Australia.\n  (2) An international passenger aircraft may take off from, or land at, Sydney Airport between 11 pm and midnight, or may land at Sydney Airport between 5 am and 6 am, if:\n    (a) the take‑off or landing is covered by a timetable prescribed by the regulations; and\n    (b) the take‑off or landing has been approved under subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L; and\n    (f) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft).\n  (4) On written application by the holder of an international airline licence, the Secretary of the Department may, in writing, approve a take‑off from, or landing at, Sydney Airport between 11 pm and midnight on a specified day, or a landing at Sydney Airport between 5 am and 6 am on a specified day, if:\n    (a) granting the approval is consistent with the quota requirements in whichever of subsections (8) and (9) applies; and\n    (b) the Secretary is satisfied that approving the take‑off or landing during that period on that day is justified because:\n    (i) there are curfew constraints at overseas airports or there is a lack of capacity at Sydney Airport outside curfew periods; and\n    (ii) there is no alternative airport in the Sydney area with capacity to accommodate the take‑off or landing.\n  (5) An application for approval under subsection (4) must set out the reasons why the applicant thinks the approval should be granted, having regard in particular to paragraph (4)(b).\n  (6) The Secretary may defer making the decision on an application for approval until the applicant has provided such further information relevant to making the decision as the Secretary requires.\n  (7) Application may be made to the Administrative Review Tribunal for review of a decision to refuse to grant an approval.\n  (8) These are the quota requirements that apply to take‑offs and landings between 11 pm and midnight:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight must not exceed 14, or such lower number as is prescribed; and\n    (b) the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight on a day must not exceed 4, or such lower number as is prescribed.\n  (9) These are the quota requirements that apply to landings between 5 am and 6 am:\n    (a) during a week, the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am must not exceed 35, or such lower number as is prescribed; and\n    (b) the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am on a day must not exceed 7, or such lower number as is prescribed.\n  (10) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 13 BAe‑146 and DC9 aircraft used for freight\n\n  (1) Subject to section 17, an aircraft of the type known as Bae‑146 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the take‑off or landing will not breach the quota requirements in subsection (3); and\n    (c) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (d) for a landing—the landing is on runway 34L.\n  (2) Subject to section 17, an aircraft of the type known as DC9 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may, on or before 5 May 1996, take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) the take‑off or landing will not breach the quota requirements in subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L.\n  (3) These are the quota requirements that apply to take‑offs and landings of aircraft of the type known as Bae‑146:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed:\n    (i) if the week ends on or before 5 May 1996—65, or such lower number as is prescribed; or\n    (ii) if the week ends after 5 May 1996—74, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (4) These are the quota requirements that apply to take‑offs and landings, on or before 5 May 1996, of aircraft of the type known as DC9:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed 6, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (5) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 14 Propeller‑driven aircraft under 34,000 kilograms that comply with noise standards\n\n  Subject to section 17, a propeller‑driven aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3, 5 (other than paragraph 5.1.3), 6 or 10 of the Annex that are applicable to aircraft of the class to which the aircraft belongs;\n  may:\n    (c) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (d) land on runway 34L during a curfew period.\n\n#### 15 Jet aircraft under 34,000 kilograms that comply with noise standards and that are specified by the Minister\n\n  (1) Subject to section 17, a jet aircraft of a type specified in a legislative instrument made under subsection (2) may:\n    (a) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (b) land on runway 34L during a curfew period.\n  (2) Subject to subsections (5) and (6), the Minister may, by legislative instrument, specify a type of jet aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) complies with the 90‑95 noise level rule specified in subsection (3).\n  (3) A type of aircraft complies with the 90‑95 rule if aircraft of that type have a noise level that:\n    (a) on take‑off:\n    (i) does not exceed 90 EPNdB; or\n    (ii) if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise—does not exceed 92 EPNdB; and\n    (b) on landing:\n    (i) does not exceed 95 EPNdB; or\n    (ii) if the amount in excess of 95 EPNdB is offset by a maximum noise level on take‑off that is correspondingly lower than the amount specified in subparagraph (a)(i)—does not exceed 97 EPNdB.\n  (4) In subsection (3), noise level, expressed as a figure of EPNdB, means the effective perceived noise in decibels:\n    (a) measured by reference to the test procedures specified in Chapter 3 of the Annex; and\n    (b) certified in a noise certificate.\n  (6) The consultation procedures set out in the Schedule apply if the Minister proposes to make a legislative instrument under subsection (2).\n\n#### 16 Take‑off from runway 16R when taxi clearance received before start of curfew period\n\n  An aircraft may take off from runway 16R during a curfew period if it received taxi clearance for the take‑off before the start of the curfew period.\n\n#### 17 Sections 13, 14 and 15 do not apply after airport at Badgerys Creek is available for night use\n\n  Sections 13, 14 and 15 do not apply to a take‑off or landing that occurs on or after the date specified by the Minister by notice in the Gazette as the date on which the airport to be constructed at the site known as Badgerys Creek is able to be used for night aircraft movements.\n\n### Division 2—Emergencies and dispensations\n\n#### 18 Aircraft may take off or land in emergencies or if Minister grants dispensation\n\n  An aircraft may take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if:\n    (a) the aircraft is involved in an emergency as described in section 19; or\n    (b) a dispensation granted by the Minister under section 20 authorises the take‑off or landing and the take‑off or landing is in accordance with any conditions of the dispensation; or\n    (c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the aircraft is being used for or in connection with the emergency to which the declaration relates.\n\n#### 19 Emergencies\n\n  An aircraft is involved in an emergency if:\n    (a) the aircraft is being used for or in connection with:\n    (i) a search and rescue operation; or\n    (ii) a medical emergency; or\n    (iii) a natural disaster; or\n    (b) the pilot of the aircraft has declared an in‑flight emergency; or\n    (c) the aircraft has insufficient fuel to be diverted to another airport; or\n    (d) there is an urgent need for the aircraft to land or take off:\n    (i) to ensure the safety or security of the aircraft or any person; or\n    (ii) to avoid damage to property.\n\n#### 20 Dispensations in exceptional circumstances\n\n  (1) The Minister may grant a dispensation authorising an aircraft to take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if the Minister is satisfied that there are exceptional circumstances justifying the take‑ off or landing.\n  (2) A dispensation may be granted subject to conditions including, for example, conditions relating to when the take‑off or landing must occur and the runway to be used.\n  (3) In granting dispensations, the Minister must have regard to guidelines made under subsection (5).\n  (4) A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.\n  (5) The Minister must, by legislative instrument, make guidelines about the granting of dispensations under this section including, in particular:\n    (a) what constitutes exceptional circumstances; and\n    (b) the conditions to which dispensations should be subject.\n  (7) The consultation procedures set out in the Schedule apply if the Minister proposes to make guidelines under subsection (5).\n\n## Part 4—Provision of information\n\n#### 21 Authorised person may require the provision of information\n\n  (1) An authorised person may, by notice in writing given to the operator of an aircraft, require the operator to give the authorised person, within 30 days of receiving the notice:\n    (a) information relating to the noise level of the aircraft; or\n    (b) information relevant to determining whether a take‑off or landing of the aircraft was permitted by paragraph 18(a) (emergencies).\n  (2) The operator must not fail to comply with the notice.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n  (3) This section does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.\n\n#### 22 Provision of false information\n\n  The operator of an aircraft must not, for a purpose connected with this Act, give information to an authorised person that is false or misleading in a material particular.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n## Part 5—Consultation before Act is amended\n\n#### 23 Minister to consult\n\n  (1) The consultation procedures set out in the Schedule apply if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.\n  (2) If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.\n\n## Part 6—Miscellaneous\n\n#### 24 Delegation\n\n  (1) The Minister may, in writing, delegate the Minister’s powers to grant dispensations under section 20 to:\n    (a) the Secretary of the Department; or\n    (b) an officer of the Department; or\n    (c) an employee of Airservices Australia.\n  (2) The Secretary of the Department may, in writing, delegate the Secretary’s powers to grant approvals under section 12 to an officer of the Department.\n\n#### 25 Conduct by directors, employees and agents\n\n  (1) If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) In this section:\n\n> director, in relation to a body that:\n\n    (a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and\n    (b) is constituted by one or more members;\n  means the member, or any of the members, constituting the body.\n\n> engage in conduct includes fail or refuse to engage in conduct.\n\n> offence against this Act includes the following:\n\n    (a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act;\n    (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code.\n\n> state of mind, in relation to a person, includes:\n\n    (a) the person’s knowledge, intention, opinion, belief or purpose; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 26 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Curfew periods","content":"#### 6 Curfew periods\n\n  A curfew period starts at 11 pm on a day and ends at 6 am on the next day.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Prohibition on taking off or landing during curfew periods","content":"#### 7 Prohibition on taking off or landing during curfew periods\n\n  (1) An aircraft must not take off from, or land at, Sydney Airport during a curfew period, unless the take off or landing is permitted under Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 1,000 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Use of reverse thrust during curfew periods","content":"#### 8 Use of reverse thrust during curfew periods\n\n  (1) If an aircraft lands at Sydney Airport during a curfew period using reverse thrust greater than idle reverse thrust, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reason why reverse thrust greater than idle reverse thrust was used during the landing; and\n    (d) be lodged by giving the return to an authorised person at a prescribed address.\n  (4) The operator of an aircraft should not plan to land the aircraft at Sydney Airport during a curfew period if the operator is aware that the landing would require the use of reverse thrust greater than idle reverse thrust.\n  (5) The pilot of an aircraft landing at Sydney Airport during a curfew period should use only the minimum reverse thrust necessary for a safe landing.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Missed approaches during curfew periods","content":"#### 9 Missed approaches during curfew periods\n\n  (1) If an aircraft attempts to land at Sydney Airport during a curfew period but misses the approach, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the attempted landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the attempted landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reasons for missing the approach, including the wind conditions prevailing at the time; and\n    (d) state the down wind limits for landing specified in the aircraft’s flight manual; and\n    (e) be lodged by giving the return to an authorised person at a prescribed address.","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Related restrictions","content":"An Act to impose a curfew and related restrictions on aircraft movements at Sydney Airport, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Sydney Airport Curfew Act 1995.\n\n#### 2 Commencement\n\n  This Act commences:\n    (a) if the 28th day after the day on which this Act receives the Royal Assent is a Sunday—at 10.45 pm on that Sunday; or\n    (b) otherwise—at 10.45 pm on the first Sunday after that 28th day.\n\n#### 3 Definitions\n\n  In this Act, the following terms have the meanings set out below:\n\n> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.\n\n> Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995.\n\n> air traffic controller has the meaning given by the regulations.\n\n> Australia includes all the external Territories.\n\n> authorised person means:\n\n    (a) the Secretary of the Department; or\n    (b) a person appointed in writing by the Secretary to be an authorised person for the purposes of this Act; or\n    (c) a person included in a class of persons appointed in writing by the Secretary to be authorised persons for the purposes of this Act.\n\n> curfew period has the meaning given by section 6.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> international airline licence means an international airline licence granted as mentioned in subsection 12(1) of the Air Navigation Act 1920.\n\n> land—an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take‑off weight.\n\n> noise certificate has the meaning given by the regulations.\n\n> operator of an aircraft means a person who conducts an aircraft operation using the aircraft.\n\n> Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport.\n\n> take off—an aircraft takes off when it leaves the ground.\n\n> the Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended and in force from time to time.\n\n> week means a period of 7 days starting at 11 pm on a Sunday.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 4 Explanation of runway names\n\n  (1) The diagram below shows the runways at Sydney Airport.\n  ![A diagram showing the names and orientation of runways at Sydney Airport.](image.002.png)\n  (2) The following runway names are used in this Act:\n    (a) runway 16R—this is the name for the runway marked A when used for a take‑off to the south;\n    (b) runway 34L—this is the name for the runway marked A when used for a landing from the south;\n    (c) runway 16L—this is the name for the runway marked B when used for a take‑off to the south.\n\n#### 5 Time is legal time in New South Wales\n\n  References in this Act to time are references to legal time in New South Wales.\n\n## Part 2—The curfew and related restrictions\n\n### Division 1—The curfew\n\n#### 6 Curfew periods\n\n  A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n#### 7 Prohibition on taking off or landing during curfew periods\n\n  (1) An aircraft must not take off from, or land at, Sydney Airport during a curfew period, unless the take off or landing is permitted under Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 1,000 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Use of reverse thrust during curfew periods\n\n  (1) If an aircraft lands at Sydney Airport during a curfew period using reverse thrust greater than idle reverse thrust, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reason why reverse thrust greater than idle reverse thrust was used during the landing; and\n    (d) be lodged by giving the return to an authorised person at a prescribed address.\n  (4) The operator of an aircraft should not plan to land the aircraft at Sydney Airport during a curfew period if the operator is aware that the landing would require the use of reverse thrust greater than idle reverse thrust.\n  (5) The pilot of an aircraft landing at Sydney Airport during a curfew period should use only the minimum reverse thrust necessary for a safe landing.\n\n#### 9 Missed approaches during curfew periods\n\n  (1) If an aircraft attempts to land at Sydney Airport during a curfew period but misses the approach, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the attempted landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the attempted landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reasons for missing the approach, including the wind conditions prevailing at the time; and\n    (d) state the down wind limits for landing specified in the aircraft’s flight manual; and\n    (e) be lodged by giving the return to an authorised person at a prescribed address.\n\n### Division 2—Related restrictions\n\n#### 10 Runways to be used for take‑offs between 10.45 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 10.45 pm and 11 pm must take off from runway 16L or runway 16R unless the take‑off is permitted under Division 2 of Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 500 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 11 Runways to be used for take‑offs and landings on weekends between 6 am and 7 am and 10 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must take off from runway 16L or 16R unless:\n    (a) it takes off from another runway that has been nominated by an air traffic controller (provided the take‑off does not contravene subsection 10(1)); or\n    (b) the take‑off is permitted under Division 2 of Part 3.\n  (2) An aircraft landing at Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must land on runway 34L unless:\n    (a) it lands on another runway that has been nominated by an air traffic controller; or\n    (b) the landing is permitted under Division 2 of Part 3.\n  (3) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1) or (2).\n\nPenalty: 100 penalty units.\n\n  (3A) Strict liability applies to paragraph (3)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) At the end of each month, Airservices Australia must give the Secretary a written report setting out:\n    (a) the number of times (if any) during the month that air traffic controllers nominated runways as mentioned in paragraphs (1)(a) and (2)(a); and\n    (b) the reasons for nominating those runways.\n\n## Part 3—Permitted aircraft movements\n\n### Division 1—Movements permitted during curfew periods\n\n#### 12 International passenger aircraft movements during curfew shoulder periods\n\n  (1) For the purposes of this section, an aircraft is an international passenger aircraft on take‑off from, or landing at, Sydney Airport if:\n    (a) the aircraft is being used to carry passengers for hire or reward in an air service that is covered by an international airline licence; and\n    (b) for a take‑off from Sydney Airport—the first port of call of the aircraft after taking off from Sydney Airport is outside Australia; and\n    (c) for a landing at Sydney Airport—the last port of call of the aircraft before landing at Sydney Airport was outside Australia.\n  (2) An international passenger aircraft may take off from, or land at, Sydney Airport between 11 pm and midnight, or may land at Sydney Airport between 5 am and 6 am, if:\n    (a) the take‑off or landing is covered by a timetable prescribed by the regulations; and\n    (b) the take‑off or landing has been approved under subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L; and\n    (f) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft).\n  (4) On written application by the holder of an international airline licence, the Secretary of the Department may, in writing, approve a take‑off from, or landing at, Sydney Airport between 11 pm and midnight on a specified day, or a landing at Sydney Airport between 5 am and 6 am on a specified day, if:\n    (a) granting the approval is consistent with the quota requirements in whichever of subsections (8) and (9) applies; and\n    (b) the Secretary is satisfied that approving the take‑off or landing during that period on that day is justified because:\n    (i) there are curfew constraints at overseas airports or there is a lack of capacity at Sydney Airport outside curfew periods; and\n    (ii) there is no alternative airport in the Sydney area with capacity to accommodate the take‑off or landing.\n  (5) An application for approval under subsection (4) must set out the reasons why the applicant thinks the approval should be granted, having regard in particular to paragraph (4)(b).\n  (6) The Secretary may defer making the decision on an application for approval until the applicant has provided such further information relevant to making the decision as the Secretary requires.\n  (7) Application may be made to the Administrative Review Tribunal for review of a decision to refuse to grant an approval.\n  (8) These are the quota requirements that apply to take‑offs and landings between 11 pm and midnight:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight must not exceed 14, or such lower number as is prescribed; and\n    (b) the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight on a day must not exceed 4, or such lower number as is prescribed.\n  (9) These are the quota requirements that apply to landings between 5 am and 6 am:\n    (a) during a week, the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am must not exceed 35, or such lower number as is prescribed; and\n    (b) the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am on a day must not exceed 7, or such lower number as is prescribed.\n  (10) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 13 BAe‑146 and DC9 aircraft used for freight\n\n  (1) Subject to section 17, an aircraft of the type known as Bae‑146 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the take‑off or landing will not breach the quota requirements in subsection (3); and\n    (c) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (d) for a landing—the landing is on runway 34L.\n  (2) Subject to section 17, an aircraft of the type known as DC9 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may, on or before 5 May 1996, take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) the take‑off or landing will not breach the quota requirements in subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L.\n  (3) These are the quota requirements that apply to take‑offs and landings of aircraft of the type known as Bae‑146:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed:\n    (i) if the week ends on or before 5 May 1996—65, or such lower number as is prescribed; or\n    (ii) if the week ends after 5 May 1996—74, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (4) These are the quota requirements that apply to take‑offs and landings, on or before 5 May 1996, of aircraft of the type known as DC9:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed 6, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (5) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 14 Propeller‑driven aircraft under 34,000 kilograms that comply with noise standards\n\n  Subject to section 17, a propeller‑driven aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3, 5 (other than paragraph 5.1.3), 6 or 10 of the Annex that are applicable to aircraft of the class to which the aircraft belongs;\n  may:\n    (c) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (d) land on runway 34L during a curfew period.\n\n#### 15 Jet aircraft under 34,000 kilograms that comply with noise standards and that are specified by the Minister\n\n  (1) Subject to section 17, a jet aircraft of a type specified in a legislative instrument made under subsection (2) may:\n    (a) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (b) land on runway 34L during a curfew period.\n  (2) Subject to subsections (5) and (6), the Minister may, by legislative instrument, specify a type of jet aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) complies with the 90‑95 noise level rule specified in subsection (3).\n  (3) A type of aircraft complies with the 90‑95 rule if aircraft of that type have a noise level that:\n    (a) on take‑off:\n    (i) does not exceed 90 EPNdB; or\n    (ii) if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise—does not exceed 92 EPNdB; and\n    (b) on landing:\n    (i) does not exceed 95 EPNdB; or\n    (ii) if the amount in excess of 95 EPNdB is offset by a maximum noise level on take‑off that is correspondingly lower than the amount specified in subparagraph (a)(i)—does not exceed 97 EPNdB.\n  (4) In subsection (3), noise level, expressed as a figure of EPNdB, means the effective perceived noise in decibels:\n    (a) measured by reference to the test procedures specified in Chapter 3 of the Annex; and\n    (b) certified in a noise certificate.\n  (6) The consultation procedures set out in the Schedule apply if the Minister proposes to make a legislative instrument under subsection (2).\n\n#### 16 Take‑off from runway 16R when taxi clearance received before start of curfew period\n\n  An aircraft may take off from runway 16R during a curfew period if it received taxi clearance for the take‑off before the start of the curfew period.\n\n#### 17 Sections 13, 14 and 15 do not apply after airport at Badgerys Creek is available for night use\n\n  Sections 13, 14 and 15 do not apply to a take‑off or landing that occurs on or after the date specified by the Minister by notice in the Gazette as the date on which the airport to be constructed at the site known as Badgerys Creek is able to be used for night aircraft movements.\n\n### Division 2—Emergencies and dispensations\n\n#### 18 Aircraft may take off or land in emergencies or if Minister grants dispensation\n\n  An aircraft may take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if:\n    (a) the aircraft is involved in an emergency as described in section 19; or\n    (b) a dispensation granted by the Minister under section 20 authorises the take‑off or landing and the take‑off or landing is in accordance with any conditions of the dispensation; or\n    (c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the aircraft is being used for or in connection with the emergency to which the declaration relates.\n\n#### 19 Emergencies\n\n  An aircraft is involved in an emergency if:\n    (a) the aircraft is being used for or in connection with:\n    (i) a search and rescue operation; or\n    (ii) a medical emergency; or\n    (iii) a natural disaster; or\n    (b) the pilot of the aircraft has declared an in‑flight emergency; or\n    (c) the aircraft has insufficient fuel to be diverted to another airport; or\n    (d) there is an urgent need for the aircraft to land or take off:\n    (i) to ensure the safety or security of the aircraft or any person; or\n    (ii) to avoid damage to property.\n\n#### 20 Dispensations in exceptional circumstances\n\n  (1) The Minister may grant a dispensation authorising an aircraft to take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if the Minister is satisfied that there are exceptional circumstances justifying the take‑ off or landing.\n  (2) A dispensation may be granted subject to conditions including, for example, conditions relating to when the take‑off or landing must occur and the runway to be used.\n  (3) In granting dispensations, the Minister must have regard to guidelines made under subsection (5).\n  (4) A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.\n  (5) The Minister must, by legislative instrument, make guidelines about the granting of dispensations under this section including, in particular:\n    (a) what constitutes exceptional circumstances; and\n    (b) the conditions to which dispensations should be subject.\n  (7) The consultation procedures set out in the Schedule apply if the Minister proposes to make guidelines under subsection (5).\n\n## Part 4—Provision of information\n\n#### 21 Authorised person may require the provision of information\n\n  (1) An authorised person may, by notice in writing given to the operator of an aircraft, require the operator to give the authorised person, within 30 days of receiving the notice:\n    (a) information relating to the noise level of the aircraft; or\n    (b) information relevant to determining whether a take‑off or landing of the aircraft was permitted by paragraph 18(a) (emergencies).\n  (2) The operator must not fail to comply with the notice.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n  (3) This section does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.\n\n#### 22 Provision of false information\n\n  The operator of an aircraft must not, for a purpose connected with this Act, give information to an authorised person that is false or misleading in a material particular.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n## Part 5—Consultation before Act is amended\n\n#### 23 Minister to consult\n\n  (1) The consultation procedures set out in the Schedule apply if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.\n  (2) If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.\n\n## Part 6—Miscellaneous\n\n#### 24 Delegation\n\n  (1) The Minister may, in writing, delegate the Minister’s powers to grant dispensations under section 20 to:\n    (a) the Secretary of the Department; or\n    (b) an officer of the Department; or\n    (c) an employee of Airservices Australia.\n  (2) The Secretary of the Department may, in writing, delegate the Secretary’s powers to grant approvals under section 12 to an officer of the Department.\n\n#### 25 Conduct by directors, employees and agents\n\n  (1) If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) In this section:\n\n> director, in relation to a body that:\n\n    (a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and\n    (b) is constituted by one or more members;\n  means the member, or any of the members, constituting the body.\n\n> engage in conduct includes fail or refuse to engage in conduct.\n\n> offence against this Act includes the following:\n\n    (a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act;\n    (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code.\n\n> state of mind, in relation to a person, includes:\n\n    (a) the person’s knowledge, intention, opinion, belief or purpose; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 26 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Runways to be used for take‑offs between 10.45 pm and 11 pm","content":"#### 10 Runways to be used for take‑offs between 10.45 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 10.45 pm and 11 pm must take off from runway 16L or runway 16R unless the take‑off is permitted under Division 2 of Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 500 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Runways to be used for take‑offs and landings on weekends between 6 am and 7 am and 10 pm and 11 pm","content":"#### 11 Runways to be used for take‑offs and landings on weekends between 6 am and 7 am and 10 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must take off from runway 16L or 16R unless:\n    (a) it takes off from another runway that has been nominated by an air traffic controller (provided the take‑off does not contravene subsection 10(1)); or\n    (b) the take‑off is permitted under Division 2 of Part 3.\n  (2) An aircraft landing at Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must land on runway 34L unless:\n    (a) it lands on another runway that has been nominated by an air traffic controller; or\n    (b) the landing is permitted under Division 2 of Part 3.\n  (3) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1) or (2).\n\nPenalty: 100 penalty units.\n\n  (3A) Strict liability applies to paragraph (3)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) At the end of each month, Airservices Australia must give the Secretary a written report setting out:\n    (a) the number of times (if any) during the month that air traffic controllers nominated runways as mentioned in paragraphs (1)(a) and (2)(a); and\n    (b) the reasons for nominating those runways.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Permitted aircraft movements","content":"An Act to impose a curfew and related restrictions on aircraft movements at Sydney Airport, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Sydney Airport Curfew Act 1995.\n\n#### 2 Commencement\n\n  This Act commences:\n    (a) if the 28th day after the day on which this Act receives the Royal Assent is a Sunday—at 10.45 pm on that Sunday; or\n    (b) otherwise—at 10.45 pm on the first Sunday after that 28th day.\n\n#### 3 Definitions\n\n  In this Act, the following terms have the meanings set out below:\n\n> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.\n\n> Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995.\n\n> air traffic controller has the meaning given by the regulations.\n\n> Australia includes all the external Territories.\n\n> authorised person means:\n\n    (a) the Secretary of the Department; or\n    (b) a person appointed in writing by the Secretary to be an authorised person for the purposes of this Act; or\n    (c) a person included in a class of persons appointed in writing by the Secretary to be authorised persons for the purposes of this Act.\n\n> curfew period has the meaning given by section 6.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> international airline licence means an international airline licence granted as mentioned in subsection 12(1) of the Air Navigation Act 1920.\n\n> land—an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take‑off weight.\n\n> noise certificate has the meaning given by the regulations.\n\n> operator of an aircraft means a person who conducts an aircraft operation using the aircraft.\n\n> Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport.\n\n> take off—an aircraft takes off when it leaves the ground.\n\n> the Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended and in force from time to time.\n\n> week means a period of 7 days starting at 11 pm on a Sunday.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 4 Explanation of runway names\n\n  (1) The diagram below shows the runways at Sydney Airport.\n  ![A diagram showing the names and orientation of runways at Sydney Airport.](image.002.png)\n  (2) The following runway names are used in this Act:\n    (a) runway 16R—this is the name for the runway marked A when used for a take‑off to the south;\n    (b) runway 34L—this is the name for the runway marked A when used for a landing from the south;\n    (c) runway 16L—this is the name for the runway marked B when used for a take‑off to the south.\n\n#### 5 Time is legal time in New South Wales\n\n  References in this Act to time are references to legal time in New South Wales.\n\n## Part 2—The curfew and related restrictions\n\n### Division 1—The curfew\n\n#### 6 Curfew periods\n\n  A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n#### 7 Prohibition on taking off or landing during curfew periods\n\n  (1) An aircraft must not take off from, or land at, Sydney Airport during a curfew period, unless the take off or landing is permitted under Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 1,000 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Use of reverse thrust during curfew periods\n\n  (1) If an aircraft lands at Sydney Airport during a curfew period using reverse thrust greater than idle reverse thrust, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reason why reverse thrust greater than idle reverse thrust was used during the landing; and\n    (d) be lodged by giving the return to an authorised person at a prescribed address.\n  (4) The operator of an aircraft should not plan to land the aircraft at Sydney Airport during a curfew period if the operator is aware that the landing would require the use of reverse thrust greater than idle reverse thrust.\n  (5) The pilot of an aircraft landing at Sydney Airport during a curfew period should use only the minimum reverse thrust necessary for a safe landing.\n\n#### 9 Missed approaches during curfew periods\n\n  (1) If an aircraft attempts to land at Sydney Airport during a curfew period but misses the approach, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the attempted landing.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 50 penalty units.\n\n  (2A) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The return must:\n    (a) state the date and time of the attempted landing; and\n    (b) state the aircraft’s registration mark, its operator, and its type; and\n    (c) state the reasons for missing the approach, including the wind conditions prevailing at the time; and\n    (d) state the down wind limits for landing specified in the aircraft’s flight manual; and\n    (e) be lodged by giving the return to an authorised person at a prescribed address.\n\n### Division 2—Related restrictions\n\n#### 10 Runways to be used for take‑offs between 10.45 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 10.45 pm and 11 pm must take off from runway 16L or runway 16R unless the take‑off is permitted under Division 2 of Part 3.\n  (2) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1).\n\nPenalty: 500 penalty units.\n\n  (3) Strict liability applies to paragraph (2)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 11 Runways to be used for take‑offs and landings on weekends between 6 am and 7 am and 10 pm and 11 pm\n\n  (1) An aircraft taking off from Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must take off from runway 16L or 16R unless:\n    (a) it takes off from another runway that has been nominated by an air traffic controller (provided the take‑off does not contravene subsection 10(1)); or\n    (b) the take‑off is permitted under Division 2 of Part 3.\n  (2) An aircraft landing at Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must land on runway 34L unless:\n    (a) it lands on another runway that has been nominated by an air traffic controller; or\n    (b) the landing is permitted under Division 2 of Part 3.\n  (3) The operator of an aircraft commits an offence if:\n    (a) the operator engages in conduct; and\n    (b) the operator’s conduct results in a contravention of subsection (1) or (2).\n\nPenalty: 100 penalty units.\n\n  (3A) Strict liability applies to paragraph (3)(b).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) At the end of each month, Airservices Australia must give the Secretary a written report setting out:\n    (a) the number of times (if any) during the month that air traffic controllers nominated runways as mentioned in paragraphs (1)(a) and (2)(a); and\n    (b) the reasons for nominating those runways.\n\n## Part 3—Permitted aircraft movements\n\n### Division 1—Movements permitted during curfew periods\n\n#### 12 International passenger aircraft movements during curfew shoulder periods\n\n  (1) For the purposes of this section, an aircraft is an international passenger aircraft on take‑off from, or landing at, Sydney Airport if:\n    (a) the aircraft is being used to carry passengers for hire or reward in an air service that is covered by an international airline licence; and\n    (b) for a take‑off from Sydney Airport—the first port of call of the aircraft after taking off from Sydney Airport is outside Australia; and\n    (c) for a landing at Sydney Airport—the last port of call of the aircraft before landing at Sydney Airport was outside Australia.\n  (2) An international passenger aircraft may take off from, or land at, Sydney Airport between 11 pm and midnight, or may land at Sydney Airport between 5 am and 6 am, if:\n    (a) the take‑off or landing is covered by a timetable prescribed by the regulations; and\n    (b) the take‑off or landing has been approved under subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L; and\n    (f) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft).\n  (4) On written application by the holder of an international airline licence, the Secretary of the Department may, in writing, approve a take‑off from, or landing at, Sydney Airport between 11 pm and midnight on a specified day, or a landing at Sydney Airport between 5 am and 6 am on a specified day, if:\n    (a) granting the approval is consistent with the quota requirements in whichever of subsections (8) and (9) applies; and\n    (b) the Secretary is satisfied that approving the take‑off or landing during that period on that day is justified because:\n    (i) there are curfew constraints at overseas airports or there is a lack of capacity at Sydney Airport outside curfew periods; and\n    (ii) there is no alternative airport in the Sydney area with capacity to accommodate the take‑off or landing.\n  (5) An application for approval under subsection (4) must set out the reasons why the applicant thinks the approval should be granted, having regard in particular to paragraph (4)(b).\n  (6) The Secretary may defer making the decision on an application for approval until the applicant has provided such further information relevant to making the decision as the Secretary requires.\n  (7) Application may be made to the Administrative Review Tribunal for review of a decision to refuse to grant an approval.\n  (8) These are the quota requirements that apply to take‑offs and landings between 11 pm and midnight:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight must not exceed 14, or such lower number as is prescribed; and\n    (b) the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight on a day must not exceed 4, or such lower number as is prescribed.\n  (9) These are the quota requirements that apply to landings between 5 am and 6 am:\n    (a) during a week, the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am must not exceed 35, or such lower number as is prescribed; and\n    (b) the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am on a day must not exceed 7, or such lower number as is prescribed.\n  (10) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 13 BAe‑146 and DC9 aircraft used for freight\n\n  (1) Subject to section 17, an aircraft of the type known as Bae‑146 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the take‑off or landing will not breach the quota requirements in subsection (3); and\n    (c) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (d) for a landing—the landing is on runway 34L.\n  (2) Subject to section 17, an aircraft of the type known as DC9 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may, on or before 5 May 1996, take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) the take‑off or landing will not breach the quota requirements in subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L.\n  (3) These are the quota requirements that apply to take‑offs and landings of aircraft of the type known as Bae‑146:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed:\n    (i) if the week ends on or before 5 May 1996—65, or such lower number as is prescribed; or\n    (ii) if the week ends after 5 May 1996—74, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (4) These are the quota requirements that apply to take‑offs and landings, on or before 5 May 1996, of aircraft of the type known as DC9:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed 6, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (5) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.\n\n#### 14 Propeller‑driven aircraft under 34,000 kilograms that comply with noise standards\n\n  Subject to section 17, a propeller‑driven aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3, 5 (other than paragraph 5.1.3), 6 or 10 of the Annex that are applicable to aircraft of the class to which the aircraft belongs;\n  may:\n    (c) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (d) land on runway 34L during a curfew period.\n\n#### 15 Jet aircraft under 34,000 kilograms that comply with noise standards and that are specified by the Minister\n\n  (1) Subject to section 17, a jet aircraft of a type specified in a legislative instrument made under subsection (2) may:\n    (a) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (b) land on runway 34L during a curfew period.\n  (2) Subject to subsections (5) and (6), the Minister may, by legislative instrument, specify a type of jet aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) complies with the 90‑95 noise level rule specified in subsection (3).\n  (3) A type of aircraft complies with the 90‑95 rule if aircraft of that type have a noise level that:\n    (a) on take‑off:\n    (i) does not exceed 90 EPNdB; or\n    (ii) if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise—does not exceed 92 EPNdB; and\n    (b) on landing:\n    (i) does not exceed 95 EPNdB; or\n    (ii) if the amount in excess of 95 EPNdB is offset by a maximum noise level on take‑off that is correspondingly lower than the amount specified in subparagraph (a)(i)—does not exceed 97 EPNdB.\n  (4) In subsection (3), noise level, expressed as a figure of EPNdB, means the effective perceived noise in decibels:\n    (a) measured by reference to the test procedures specified in Chapter 3 of the Annex; and\n    (b) certified in a noise certificate.\n  (6) The consultation procedures set out in the Schedule apply if the Minister proposes to make a legislative instrument under subsection (2).\n\n#### 16 Take‑off from runway 16R when taxi clearance received before start of curfew period\n\n  An aircraft may take off from runway 16R during a curfew period if it received taxi clearance for the take‑off before the start of the curfew period.\n\n#### 17 Sections 13, 14 and 15 do not apply after airport at Badgerys Creek is available for night use\n\n  Sections 13, 14 and 15 do not apply to a take‑off or landing that occurs on or after the date specified by the Minister by notice in the Gazette as the date on which the airport to be constructed at the site known as Badgerys Creek is able to be used for night aircraft movements.\n\n### Division 2—Emergencies and dispensations\n\n#### 18 Aircraft may take off or land in emergencies or if Minister grants dispensation\n\n  An aircraft may take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if:\n    (a) the aircraft is involved in an emergency as described in section 19; or\n    (b) a dispensation granted by the Minister under section 20 authorises the take‑off or landing and the take‑off or landing is in accordance with any conditions of the dispensation; or\n    (c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the aircraft is being used for or in connection with the emergency to which the declaration relates.\n\n#### 19 Emergencies\n\n  An aircraft is involved in an emergency if:\n    (a) the aircraft is being used for or in connection with:\n    (i) a search and rescue operation; or\n    (ii) a medical emergency; or\n    (iii) a natural disaster; or\n    (b) the pilot of the aircraft has declared an in‑flight emergency; or\n    (c) the aircraft has insufficient fuel to be diverted to another airport; or\n    (d) there is an urgent need for the aircraft to land or take off:\n    (i) to ensure the safety or security of the aircraft or any person; or\n    (ii) to avoid damage to property.\n\n#### 20 Dispensations in exceptional circumstances\n\n  (1) The Minister may grant a dispensation authorising an aircraft to take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if the Minister is satisfied that there are exceptional circumstances justifying the take‑ off or landing.\n  (2) A dispensation may be granted subject to conditions including, for example, conditions relating to when the take‑off or landing must occur and the runway to be used.\n  (3) In granting dispensations, the Minister must have regard to guidelines made under subsection (5).\n  (4) A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.\n  (5) The Minister must, by legislative instrument, make guidelines about the granting of dispensations under this section including, in particular:\n    (a) what constitutes exceptional circumstances; and\n    (b) the conditions to which dispensations should be subject.\n  (7) The consultation procedures set out in the Schedule apply if the Minister proposes to make guidelines under subsection (5).\n\n## Part 4—Provision of information\n\n#### 21 Authorised person may require the provision of information\n\n  (1) An authorised person may, by notice in writing given to the operator of an aircraft, require the operator to give the authorised person, within 30 days of receiving the notice:\n    (a) information relating to the noise level of the aircraft; or\n    (b) information relevant to determining whether a take‑off or landing of the aircraft was permitted by paragraph 18(a) (emergencies).\n  (2) The operator must not fail to comply with the notice.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n  (3) This section does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.\n\n#### 22 Provision of false information\n\n  The operator of an aircraft must not, for a purpose connected with this Act, give information to an authorised person that is false or misleading in a material particular.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n## Part 5—Consultation before Act is amended\n\n#### 23 Minister to consult\n\n  (1) The consultation procedures set out in the Schedule apply if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.\n  (2) If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.\n\n## Part 6—Miscellaneous\n\n#### 24 Delegation\n\n  (1) The Minister may, in writing, delegate the Minister’s powers to grant dispensations under section 20 to:\n    (a) the Secretary of the Department; or\n    (b) an officer of the Department; or\n    (c) an employee of Airservices Australia.\n  (2) The Secretary of the Department may, in writing, delegate the Secretary’s powers to grant approvals under section 12 to an officer of the Department.\n\n#### 25 Conduct by directors, employees and agents\n\n  (1) If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) In this section:\n\n> director, in relation to a body that:\n\n    (a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and\n    (b) is constituted by one or more members;\n  means the member, or any of the members, constituting the body.\n\n> engage in conduct includes fail or refuse to engage in conduct.\n\n> offence against this Act includes the following:\n\n    (a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act;\n    (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code.\n\n> state of mind, in relation to a person, includes:\n\n    (a) the person’s knowledge, intention, opinion, belief or purpose; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 26 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"International passenger aircraft movements during curfew shoulder periods","content":"#### 12 International passenger aircraft movements during curfew shoulder periods\n\n  (1) For the purposes of this section, an aircraft is an international passenger aircraft on take‑off from, or landing at, Sydney Airport if:\n    (a) the aircraft is being used to carry passengers for hire or reward in an air service that is covered by an international airline licence; and\n    (b) for a take‑off from Sydney Airport—the first port of call of the aircraft after taking off from Sydney Airport is outside Australia; and\n    (c) for a landing at Sydney Airport—the last port of call of the aircraft before landing at Sydney Airport was outside Australia.\n  (2) An international passenger aircraft may take off from, or land at, Sydney Airport between 11 pm and midnight, or may land at Sydney Airport between 5 am and 6 am, if:\n    (a) the take‑off or landing is covered by a timetable prescribed by the regulations; and\n    (b) the take‑off or landing has been approved under subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L; and\n    (f) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft).\n  (4) On written application by the holder of an international airline licence, the Secretary of the Department may, in writing, approve a take‑off from, or landing at, Sydney Airport between 11 pm and midnight on a specified day, or a landing at Sydney Airport between 5 am and 6 am on a specified day, if:\n    (a) granting the approval is consistent with the quota requirements in whichever of subsections (8) and (9) applies; and\n    (b) the Secretary is satisfied that approving the take‑off or landing during that period on that day is justified because:\n    (i) there are curfew constraints at overseas airports or there is a lack of capacity at Sydney Airport outside curfew periods; and\n    (ii) there is no alternative airport in the Sydney area with capacity to accommodate the take‑off or landing.\n  (5) An application for approval under subsection (4) must set out the reasons why the applicant thinks the approval should be granted, having regard in particular to paragraph (4)(b).\n  (6) The Secretary may defer making the decision on an application for approval until the applicant has provided such further information relevant to making the decision as the Secretary requires.\n  (7) Application may be made to the Administrative Review Tribunal for review of a decision to refuse to grant an approval.\n  (8) These are the quota requirements that apply to take‑offs and landings between 11 pm and midnight:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight must not exceed 14, or such lower number as is prescribed; and\n    (b) the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight on a day must not exceed 4, or such lower number as is prescribed.\n  (9) These are the quota requirements that apply to landings between 5 am and 6 am:\n    (a) during a week, the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am must not exceed 35, or such lower number as is prescribed; and\n    (b) the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am on a day must not exceed 7, or such lower number as is prescribed.\n  (10) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"BAe‑146 and DC9 aircraft used for freight","content":"#### 13 BAe‑146 and DC9 aircraft used for freight\n\n  (1) Subject to section 17, an aircraft of the type known as Bae‑146 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the take‑off or landing will not breach the quota requirements in subsection (3); and\n    (c) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (d) for a landing—the landing is on runway 34L.\n  (2) Subject to section 17, an aircraft of the type known as DC9 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may, on or before 5 May 1996, take off from, or land at, Sydney Airport during a curfew period if:\n    (a) the aircraft is being used solely for the purpose of carrying freight; and\n    (b) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) the take‑off or landing will not breach the quota requirements in subsection (4); and\n    (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and\n    (e) for a landing—the landing is on runway 34L.\n  (3) These are the quota requirements that apply to take‑offs and landings of aircraft of the type known as Bae‑146:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed:\n    (i) if the week ends on or before 5 May 1996—65, or such lower number as is prescribed; or\n    (ii) if the week ends after 5 May 1996—74, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (4) These are the quota requirements that apply to take‑offs and landings, on or before 5 May 1996, of aircraft of the type known as DC9:\n    (a) during a week, the total number of take‑offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed 6, or such lower number as is prescribed; and\n    (b) the take‑off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.\n  (5) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Propeller‑driven aircraft under 34,000 kilograms that comply with noise standards","content":"#### 14 Propeller‑driven aircraft under 34,000 kilograms that comply with noise standards\n\n  Subject to section 17, a propeller‑driven aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3, 5 (other than paragraph 5.1.3), 6 or 10 of the Annex that are applicable to aircraft of the class to which the aircraft belongs;\n  may:\n    (c) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (d) land on runway 34L during a curfew period.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Jet aircraft under 34,000 kilograms that comply with noise standards and that are specified by the Minister","content":"#### 15 Jet aircraft under 34,000 kilograms that comply with noise standards and that are specified by the Minister\n\n  (1) Subject to section 17, a jet aircraft of a type specified in a legislative instrument made under subsection (2) may:\n    (a) take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or\n    (b) land on runway 34L during a curfew period.\n  (2) Subject to subsections (5) and (6), the Minister may, by legislative instrument, specify a type of jet aircraft that:\n    (a) has a maximum take‑off weight of 34,000 kilograms or less; and\n    (b) complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and\n    (c) complies with the 90‑95 noise level rule specified in subsection (3).\n  (3) A type of aircraft complies with the 90‑95 rule if aircraft of that type have a noise level that:\n    (a) on take‑off:\n    (i) does not exceed 90 EPNdB; or\n    (ii) if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise—does not exceed 92 EPNdB; and\n    (b) on landing:\n    (i) does not exceed 95 EPNdB; or\n    (ii) if the amount in excess of 95 EPNdB is offset by a maximum noise level on take‑off that is correspondingly lower than the amount specified in subparagraph (a)(i)—does not exceed 97 EPNdB.\n  (4) In subsection (3), noise level, expressed as a figure of EPNdB, means the effective perceived noise in decibels:\n    (a) measured by reference to the test procedures specified in Chapter 3 of the Annex; and\n    (b) certified in a noise certificate.\n  (6) The consultation procedures set out in the Schedule apply if the Minister proposes to make a legislative instrument under subsection (2).","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Take‑off from runway 16R when taxi clearance received before start of curfew period","content":"#### 16 Take‑off from runway 16R when taxi clearance received before start of curfew period\n\n  An aircraft may take off from runway 16R during a curfew period if it received taxi clearance for the take‑off before the start of the curfew period.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Sections 13, 14 and 15 do not apply after airport at Badgerys Creek is available for night use","content":"#### 17 Sections 13, 14 and 15 do not apply after airport at Badgerys Creek is available for night use\n\n  Sections 13, 14 and 15 do not apply to a take‑off or landing that occurs on or after the date specified by the Minister by notice in the Gazette as the date on which the airport to be constructed at the site known as Badgerys Creek is able to be used for night aircraft movements.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Aircraft may take off or land in emergencies or if Minister grants dispensation","content":"#### 18 Aircraft may take off or land in emergencies or if Minister grants dispensation\n\n  An aircraft may take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if:\n    (a) the aircraft is involved in an emergency as described in section 19; or\n    (b) a dispensation granted by the Minister under section 20 authorises the take‑off or landing and the take‑off or landing is in accordance with any conditions of the dispensation; or\n    (c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the aircraft is being used for or in connection with the emergency to which the declaration relates.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Emergencies","content":"#### 19 Emergencies\n\n  An aircraft is involved in an emergency if:\n    (a) the aircraft is being used for or in connection with:\n    (i) a search and rescue operation; or\n    (ii) a medical emergency; or\n    (iii) a natural disaster; or\n    (b) the pilot of the aircraft has declared an in‑flight emergency; or\n    (c) the aircraft has insufficient fuel to be diverted to another airport; or\n    (d) there is an urgent need for the aircraft to land or take off:\n    (i) to ensure the safety or security of the aircraft or any person; or\n    (ii) to avoid damage to property.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Dispensations in exceptional circumstances","content":"#### 20 Dispensations in exceptional circumstances\n\n  (1) The Minister may grant a dispensation authorising an aircraft to take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 7, 10 or 11 if the Minister is satisfied that there are exceptional circumstances justifying the take‑ off or landing.\n  (2) A dispensation may be granted subject to conditions including, for example, conditions relating to when the take‑off or landing must occur and the runway to be used.\n  (3) In granting dispensations, the Minister must have regard to guidelines made under subsection (5).\n  (4) A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.\n  (5) The Minister must, by legislative instrument, make guidelines about the granting of dispensations under this section including, in particular:\n    (a) what constitutes exceptional circumstances; and\n    (b) the conditions to which dispensations should be subject.\n  (7) The consultation procedures set out in the Schedule apply if the Minister proposes to make guidelines under subsection (5).","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provision of information","content":"## Part 4—Provision of information","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Authorised person may require the provision of information","content":"#### 21 Authorised person may require the provision of information\n\n  (1) An authorised person may, by notice in writing given to the operator of an aircraft, require the operator to give the authorised person, within 30 days of receiving the notice:\n    (a) information relating to the noise level of the aircraft; or\n    (b) information relevant to determining whether a take‑off or landing of the aircraft was permitted by paragraph 18(a) (emergencies).\n  (2) The operator must not fail to comply with the notice.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.\n\n  (3) This section does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Provision of false information","content":"#### 22 Provision of false information\n\n  The operator of an aircraft must not, for a purpose connected with this Act, give information to an authorised person that is false or misleading in a material particular.\n\nPenalty: 50 penalty units.\n\n> Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).\n\n> Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Consultation before Act is amended","content":"## Part 5—Consultation before Act is amended","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Minister to consult","content":"#### 23 Minister to consult\n\n  (1) The consultation procedures set out in the Schedule apply if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.\n  (2) If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Delegation","content":"#### 24 Delegation\n\n  (1) The Minister may, in writing, delegate the Minister’s powers to grant dispensations under section 20 to:\n    (a) the Secretary of the Department; or\n    (b) an officer of the Department; or\n    (c) an employee of Airservices Australia.\n  (2) The Secretary of the Department may, in writing, delegate the Secretary’s powers to grant approvals under section 12 to an officer of the Department.","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Conduct by directors, employees and agents","content":"#### 25 Conduct by directors, employees and agents\n\n  (1) If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:\n    (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) In this section:\n\n> director, in relation to a body that:\n\n    (a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and\n    (b) is constituted by one or more members;\n  means the member, or any of the members, constituting the body.\n\n> engage in conduct includes fail or refuse to engage in conduct.\n\n> offence against this Act includes the following:\n\n    (a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act;\n    (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code.\n\n> state of mind, in relation to a person, includes:\n\n    (a) the person’s knowledge, intention, opinion, belief or purpose; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Regulations","content":"#### 26 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":36}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":862},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1995 Act has been amended multiple times, most notably by the National Emergency Declaration Act 2020, which added section 18(1)(c) allowing curfew exemptions during national emergencies. The scope has expanded from purely noise management to include emergency response coordination. Additionally, the Administrative Review Tribunal replaced the Administrative Appeals Tribunal for review purposes, and various quota numbers have been adjusted through regulations."},"complexity_factors":["Multiple nested exception schemes with different quota systems (international passenger, BAe-146 freight, DC9 freight, small propeller, small jet)","Precise runway and taxiway location requirements (e.g., 'south of the intersection of that runway and taxiway G')","Time-based restrictions with multiple overlapping periods (curfew 11pm-6am, shoulder periods 10:45-11pm and 5-6am, weekend restrictions 6-7am and 10-11pm)","Cross-references to international standards (Annex 16 to the Chicago Convention) and other Commonwealth legislation","Strict liability offences with tiered penalties (50, 100, 500, 1,000 penalty units)","Sunset clause tied to external event (Badgerys Creek airport opening)","Extensive delegated legislation and ministerial discretion with consultation requirements","Corporate attribution rules in section 25 extending liability to directors and employees"],"plain_english_summary":"**What this law does:**\n\nThis Act bans most aircraft from taking off or landing at Sydney Airport between **11 pm and 6 am** (called the \"curfew period\"). It's designed to reduce noise for people living near the airport.\n\n**Who it affects:**\n- **Airlines and aircraft operators** — they face heavy fines (up to 1,000 penalty units, roughly $275,000 for corporations) for breaking the curfew\n- **International passengers** — limited late-night flights are allowed under strict quotas\n- **Freight operators** — some freight aircraft can operate during curfew hours with restrictions\n- **Residents near Sydney Airport** — they get quieter nights, with some exceptions\n\n**Key rules:**\n\n- **General ban:** No take-offs or landings between 11 pm and 6 am, unless an exception applies\n- **Runway restrictions:** Between 10:45 pm and 11 pm, and on weekend mornings/evenings, aircraft must use specific runways (16L, 16R for take-offs; 34L for landings)\n- **Limited international flights:** Up to 14 take-offs/landings per week between 11 pm–midnight, and up to 35 early morning landings (5–6 am), but only with government approval and if the aircraft meets strict noise limits\n- **Freight exceptions:** BAe-146 freight aircraft can operate during curfew with weekly quotas; older DC9 freight aircraft had a brief exemption until May 1996\n- **Small quiet aircraft:** Propeller-driven aircraft under 34 tonnes and certain small jets meeting noise standards can use the airport during curfew\n- **Emergencies:** Always allowed — includes medical emergencies, search and rescue, low fuel, or safety threats\n- **Ministerial dispensations:** The Minister can grant one-off exceptions for \"exceptional circumstances\" but must report these to Parliament\n\n**Reporting requirements:**\n- Operators must report if they use more than idle reverse thrust when landing during curfew\n- Operators must report \"missed approaches\" (failed landing attempts)\n- Airservices Australia must monthly report runway nominations by air traffic controllers\n\n**Why it matters:**\nThis law balances Sydney's role as Australia's main international gateway with quality of life for nearby residents. It has been politically sensitive — note the provision that certain freight exemptions would end once a second Sydney airport at Badgerys Creek (now Western Sydney Airport) opened for night operations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The text itself sets out its own scope: creating a curfew, specifying permitted exceptions, and establishing approval, reporting and enforcement procedures. The Act contains built‑in mechanisms for future change (delegated instruments, regulations, Ministerial notices and consultation requirements) and a contingent trigger that will remove certain exceptions when Badgerys Creek is declared available for night use (section 17). The document does not indicate that its operative scope has been altered from some prior stated ‘‘original intent’’ within the text provided; rather, it defines a scope and also provides routes for later amendment and administration (sections 15(2), 20(5), 23, 24, Schedule)."},"complexity_factors":["Multiple time‑window rules with different obligations and penalties (curfew 11pm–6am; 10:45–11pm; weekend 6–7am and 10–11pm) (sections 6, 10, 11).","Quota caps that operate on weekly and daily bases and exclude some categories from counting (section 12(8)–(10); section 13(3)–(4)).","Detailed exceptions tied to aircraft type, weight, noise certification and certification under an external standard (Annex 16) (sections 12(2)(f), 13, 14, 15).","Delegated executive discretion with required guidelines, legislative instruments and consultation procedures (sections 15(2), 20(5), 24; Schedule clauses 3–6).","Reporting and compliance timelines (7‑day returns, 30‑day responses) combined with strict liability for several offences (sections 8, 9, 21; strict liability notes).","Transitional/contingent provision that removes certain exceptions once Badgerys Creek is available for night use (section 17), requiring continued statutory monitoring.","Interaction with subordinate law (regulations, prescribed timetables, legislative instruments) and administrative review rights (Administrative Review Tribunal) for refusals (section 12(6)–(7); section 26).","Corporate attribution and due diligence provisions that change evidentiary burdens in prosecutions (section 25)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act creates and enforces a night-time curfew at Sydney (Kingsford‑Smith) Airport and sets related rules about which aircraft may operate at particular times, which runways must be used at certain hours, and what reporting and approval steps operators must follow.\n\nKey mechanical changes\n\n- Imposes a curfew from 11:00 pm to 6:00 am each day: take‑offs and landings at Sydney Airport are prohibited during that period unless an exception in Part 3 applies (section 6; section 7). Penalty for an operator who causes a breach is up to 1,000 penalty units (section 7(2)).\n- Requires operators to lodge short reports after certain events during curfew hours:\n  - if reverse thrust above idle is used on landing (return within 7 days; penalty 50 units) (section 8);\n  - if an approach is missed during curfew (return within 7 days; penalty 50 units) (section 9).\n- Mandates specific runway use in short windows around the curfew:\n  - between 10:45 pm and 11:00 pm take‑offs must use runway 16L or 16R (section 10; penalty 500 units);\n  - on weekends between 6:00–7:00 am and 10:00–11:00 pm specified take‑offs/landings must use particular runways unless an air traffic controller nominates otherwise (section 11; penalty 100 units). Airservices Australia must report monthly on runway nominations and reasons (section 11(4)).\n- Creates a tightly defined set of permitted movements during the curfew shoulder periods (11:00 pm–midnight and 5:00–6:00 am) and other carve‑outs in Part 3:\n  - International passenger flights covered by an international airline licence may operate in those shoulder periods only if covered by a prescribed timetable and approved by the Secretary; they must meet runway and noise restrictions and quotas (section 12).\n  - Certain freight operations by BAe‑146 (and, to a limited date, DC9) are permitted subject to registration/operation criteria, runway constraints and weekly/day quotas (section 13).\n  - Propeller‑driven aircraft and certain light jets under 34,000 kg that meet Annex noise standards may be permitted subject to runway constraints (sections 14–15).\n  - Aircraft with taxi clearance issued before curfew start may still take off (section 16).\n  - Sections 13–15 stop applying from the date the Minister notifies in the Gazette that the Badgerys Creek airport is available for night movements (section 17).\n- Provides emergency and exceptional‑circumstance exceptions: movements are allowed in defined emergencies (search and rescue, medical emergency, declared in‑flight emergency, insufficient fuel, urgent safety/security needs) (section 19) and the Minister may grant dispensations for exceptional circumstances subject to guidelines and tabling requirements (section 20).\n- Gives authorised officers information powers to require noise and other information from an operator (30 days to respond; penalty 50 units) while preserving the right against self‑incrimination (section 21). Operators must not knowingly give materially false information (section 22).\n- Allows delegation of approval and dispensation powers (Minister may delegate dispensations; Secretary may delegate approvals) (section 24). Corporate liability rules treat conduct by directors, employees and agents as attributable to the corporate/operator unless the body proves due diligence (section 25).\n- References external technical noise standards (Annex 16 to the Chicago Convention) and delegates detail to regulations and legislative instruments (sections 3 definitions; sections 15(2), 26).\n- Sets consultation procedures the Minister must follow before making specified legislative instruments or before introducing Bills that amend the Act; the Schedule requires a written proposal, public notice, and a minimum submissions period (clauses 3–6), but non‑compliance with the Schedule does not invalidate the instrument or amendment (Schedule clause 7).\n\nWho pays, who decides, and how behaviour changes\n\n- Who pays: airline and aircraft operators carry the direct costs. They face criminal penalties for non‑compliance (sections 7, 8, 9, 10, 11, 21, 22) and administrative burdens (applications, returns, responses to information notices). Airservices Australia must produce monthly reports (section 11(4)), and authorised persons/Department staff administer approvals and compliance (sections 3, 24).\n\n- Who decides: the Secretary of the Department and the Minister make pre‑clearance, approval and dispensation decisions (sections 12(4), 20). Those powers may be delegated in writing to officers of the Department or employees of Airservices Australia (section 24). Air traffic controllers can nominate alternative runways within limits (section 11(1)(a), 11(2)(a)).\n\n- Behaviour changes required of private actors: operators must plan schedules/timetables that fit the permitted windows and quotas (section 12(2)(a), 12(8)–(9)); choose aircraft types and noise‑certified equipment that meet Annex noise limits if they need to operate in shoulder/curfew periods (sections 12(2)(f), 13(2)(b), 14, 15); submit written applications and supporting reasons for approvals (section 12(4)–(6)); lodge event returns within strict timeframes (sections 8(1), 9(1)); and keep records and be ready to respond to authorised notices (section 21).\n\nMechanisms that shape incentives, costs and risks\n\n- Quotas and timetable rules (section 12(8)–(9); section 13(3)–(4)) create a limited supply of permitted night/shoulder slots. That scarcity requires operators to compete for approvals or adjust schedules to non‑curfew times.\n- Noise compliance is assessed by reference to an international standard (the Annex) and certified noise values (sections 3 definitions; 12(2)(f); 15(3)–(4)). That places a compliance cost on operators to obtain or rely on noise certificates and to choose aircraft types complying with the prescribed decibel limits.\n- Delegation and guideline requirements concentrate discretionary power in the Secretary and Minister but allow delegation to departmental officers and Airservices Australia (section 24). The Minister must make guidelines for dispensations and follow the Act’s consultation procedures when making related instruments (section 20(5); Schedule clauses 3–6), and dispensations must be recorded and tabled in Parliament (section 20(4)). These rules create administrative procedures and transparency obligations but also vest decision‑making discretion.\n- Strict liability applies to key reporting offences (sections 7(3); 8(2A); 9(2A); 10(3); 11(3A)), lowering the evidentiary burden on prosecutors for certain elements and increasing operators’ compliance risk.\n- Transitional/contingent scope: sections 13–15 are explicitly time‑conditioned to cease when Badgerys Creek is notified available for night use (section 17). That introduces a policy‑contingent trigger which shifts the permitted‑movement structure when another airport comes online.\n\nCompliance burden and implementation risk\n\n- Administrative load: applications, returns within fixed short periods (7 days), and responses to information notices within 30 days (sections 8(3), 9(3), 21(1)).\n- Enforcement relies on authorised persons and on offences that carry substantial penalties for operators; corporate attribution rules make companies vulnerable to prosecution for employee/agent conduct unless they can show due diligence (section 25).\n- The Act cross‑references external standards (the Annex) and leaves technical and eligibility detail to regulations and legislative instruments (sections 15(2), 26). That means operational detail may change by subordinate instrument, subject to the Act’s consultation requirements.\n\nConcentrated benefits and selective eligibility\n\n- The Act permits specific aircraft types (BAe‑146, DC9 for a limited time) and aircraft registered to or operated by persons specified in the regulations to operate during curfew periods (section 13). Regulations may therefore allocate selective eligibility; the mechanism in the Act enables that selection (section 13(1)–(2); 13(3)(b)).\n\nIn short: the Act establishes a legally enforceable night curfew with a structured set of exceptions, approval processes, quota limits and reporting obligations. It assigns decision‑making to the Secretary and Minister (with delegation), requires operators to meet technical noise standards and administrative requirements, and creates penalties and strict‑liability reporting offences to enforce the regime."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original stated purpose: imposing a noise curfew and related flight restrictions at Sydney (Kingsford-Smith) Airport. The scope has not meaningfully expanded beyond aircraft movement control and noise management at that specific airport. The addition of a national emergency declaration exception (referencing the 2020 Act) is a minor, consistent update rather than a scope change. The future-proofing provision regarding Western Sydney Airport (Badgerys Creek) was part of the original design intent."},"complexity_factors":["Multiple layered time-window restrictions that interact with each other (pre-curfew, curfew, shoulder periods, weekend hours)","Numerous categories of permitted movements, each with different conditions, noise thresholds, quota limits, and approval mechanisms","Technical noise standards incorporating international aviation treaty documents (ICAO Annex 16, Chapter 3/5/6/10 noise levels, EPNdB measurements) by cross-reference","Specific runway-identification rules tied to direction of travel, requiring the reader to understand aviation naming conventions","Multiple quota systems operating at both daily and weekly levels for different aircraft categories","Strict liability offences — operators can be penalised even without intent — across multiple provisions","Corporate liability provisions that make companies responsible for employees' and agents' conduct","Cross-references to multiple other Acts (Air Services Act, Air Navigation Act, Crimes Act, Criminal Code, National Emergency Declaration Act, Administrative Review Tribunal Act)","Transitional provisions linked to a future airport (Western Sydney/Badgerys Creek) that automatically expire certain exemptions","Mandatory consultation procedures before the Act can be amended, adding a procedural layer above normal legislative amendment","Repetition/duplication of large blocks of text in the document as provided, which inflates apparent complexity"],"plain_english_summary":"## Sydney Airport Curfew Act 1995 — What It Does and Why It Matters\n\n### The Big Picture\nThis law imposes a **noise curfew** at Sydney (Kingsford-Smith) Airport to protect residents living nearby from aircraft noise at night. It controls *when* planes can take off or land, *which runways* they must use, and *how noisy* they're allowed to be — particularly during quiet hours.\n\n---\n\n### Who Does This Affect?\n- **Residents near Sydney Airport** — this law exists primarily to give you quieter nights\n- **Airline operators** — they face heavy fines if they break the rules\n- **Freight carriers** — some specific freight aircraft types get limited overnight access\n- **International airlines** — they get a narrow window of permitted late-night/early-morning flights, subject to strict quotas\n- **Pilots** — they must follow specific runway rules and minimise engine noise during overnight landings\n\n---\n\n### The Core Rules\n\n**🌙 The Curfew (11pm – 6am)**\nNo aircraft can take off from or land at Sydney Airport between 11pm and 6am. Breaking this rule carries a massive fine — up to 1,000 penalty units (currently over $330,000 per offence).\n\n**🕙 The Pre-Curfew Window (10:45pm – 11pm)**\nIn the 15 minutes before the curfew kicks in, departing aircraft are restricted to specific southward-facing runways (16L or 16R). This minimises noise over residential areas.\n\n**📅 Weekend Quiet Hours (6am–7am and 10pm–11pm Saturdays and Sundays)**\nOn weekends, even outside the full curfew, planes must use specific runways to keep noise away from suburbs. An air traffic controller can override this for safety or operational reasons, but must report it.\n\n---\n\n### Who Gets Exceptions?\n\nSome flights **are** allowed during the curfew:\n\n1. **International passenger flights** — in a narrow \"shoulder\" window (11pm–midnight for departures/arrivals, and 5am–6am for arrivals), but only if:\n   - They're on an approved timetable\n   - The airline has written approval from the Department Secretary\n   - They use specific quiet runways\n   - The aircraft meets international noise standards (called \"Chapter 3\" standards under an international aviation treaty)\n   - Movement numbers stay within weekly and daily caps (e.g., no more than 14 movements per week between 11pm–midnight; no more than 35 early-morning landings per week)\n\n2. **Certain freight aircraft** (BAe-146 jets and, briefly in 1996, DC9s) — again, subject to noise standards, specific operator approvals, runway rules, and movement caps\n\n3. **Quiet propeller-driven aircraft** under 34,000 kg — if they meet noise standards\n\n4. **Small quiet jets** under 34,000 kg — only if the Minister specifically approves their aircraft type, based on tough noise tests (the \"90-95 rule,\" measured in EPNdB — a scientific unit for how loud a plane sounds to human ears)\n\n5. **Emergencies** — no curfew applies if there's a declared in-flight emergency, a search-and-rescue mission, a medical emergency, a natural disaster, insufficient fuel to divert, or a national emergency declaration is in force\n\n6. **Ministerial dispensations** — the Minister can grant a one-off exception in \"exceptional circumstances,\" but must table the reasons in Parliament within 5 sitting days\n\n7. **Late taxi clearance rule** — if a plane received clearance to taxi *before* 11pm but hasn't taken off yet, it may still depart from runway 16R\n\n---\n\n### Noise Compliance and Reporting\n- If a plane lands during curfew hours using **heavy engine braking (\"reverse thrust\")** beyond minimum levels, the operator must file a written report within 7 days explaining why\n- If a plane **misses its approach** (fails to land and has to go around again) during curfew hours, another report is required, including wind conditions\n- Operators can be required to provide information about their aircraft's noise levels within 30 days of a written request. Lying to authorities carries its own fine.\n\n---\n\n### Future Consideration: Western Sydney Airport\nThe law contains a provision that the freight/small aircraft curfew exemptions (sections 13–15) will be **automatically switched off** once the airport at Badgerys Creek (Western Sydney Airport) is open for night flights. The idea is that overnight freight and small aircraft will move there instead.\n\n---\n\n### Changing the Rules\nBefore the Minister can amend this Act or change key rules (like which jet types get overnight access), there are **mandatory public consultation procedures**. If a Bill to change the Act is introduced to Parliament, the Minister must also table a report on what consultation happened.\n\n---\n\n### Bottom Line\n**If you live near Sydney Airport:** This law gives you legally enforceable quiet time from 11pm to 6am, with some carefully limited exceptions for international flights and emergencies.\n\n**If you're an airline or freight operator:** Get your timing, runway, noise certification, and approvals right — penalties are steep and \"strict liability\" applies to key offences (meaning you can be fined even if the breach was accidental)."}},"importantCases":[],"_links":{"self":"/api/acts/sydney-airport-curfew-act-1995","history":"/api/acts/sydney-airport-curfew-act-1995/history","analysis":"/api/acts/sydney-airport-curfew-act-1995/analysis","conflicts":"/api/acts/sydney-airport-curfew-act-1995/conflicts","importantCases":"/api/acts/sydney-airport-curfew-act-1995/important-cases","documents":"/api/acts/sydney-airport-curfew-act-1995/documents"}}