Part 1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
No plain-English breakdown of this one yet.
Zoe can read the full text and write a clear summary plus a deeper analysis of what it does, who it affects and how it works.
Direct links to the current provisions in Airports (Control of On-Airport Activities) Regulations 1997.
These Regulations are the Airports (Control of On‑Airport Activities) Regulations 1997.
Note: For the application of State law in a Commonwealth place generally, see the Commonwealth Places (Application of Laws) Act 1970.
(1) In these Regulations:
Act means the Airports Act 1996.
FAC means the Federal Airports Corporation.
infringement notice offence means a contravention of these Regulations for which an infringement notice may be issued.
Note: For infringement notices generally, see Part 7.
Part 11 airport means an airport to which Part 11 of the Act applies.
Note: Part 11 of the Act deals with control of liquor, commercial trading, vehicle movements, gambling and smoking, at airports to which that Part applies. Section 169 of the Act provides that Part 11 of the Act applies to a core regulated airport (within the meaning given by section 7 of the Act) and an airport prescribed in the regulations, if there is an airport lease for the airport.
terminal area of an airport means the building or buildings on the airport used for processing the arrival and departure of the passengers of an aircraft engaged in a regular public transport operation (within the meaning given by the Air Navigation Act 1920).
(2) An expression used in both these Regulations and the Airports Regulations 2024 has, unless the contrary intention appears, the same meaning in these Regulations as in those Regulations.
For paragraph 169(1)(b) of the Act, the following airports are specified: (a) Archerfield Airport; (b) Bankstown Airport; (c) Camden Airport; (d) Essendon Fields Airport; (f) Jandakot Airport; (g) Moorabbin Airport; (h) Mount Isa Airport; (i) Parafield Airport; (j) Tennant Creek Airport.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Airports (Control of On‑Airport Activities) Regulations 1997.
Note: For the application of State law in a Commonwealth place generally, see the Commonwealth Places (Application of Laws) Act 1970.
(1) In these Regulations:
Act means the Airports Act 1996.
FAC means the Federal Airports Corporation.
infringement notice offence means a contravention of these Regulations for which an infringement notice may be issued.
Note: For infringement notices generally, see Part 7.
Part 11 airport means an airport to which Part 11 of the Act applies.
Note: Part 11 of the Act deals with control of liquor, commercial trading, vehicle movements, gambling and smoking, at airports to which that Part applies. Section 169 of the Act provides that Part 11 of the Act applies to a core regulated airport (within the meaning given by section 7 of the Act) and an airport prescribed in the regulations, if there is an airport lease for the airport.
terminal area of an airport means the building or buildings on the airport used for processing the arrival and departure of the passengers of an aircraft engaged in a regular public transport operation (within the meaning given by the Air Navigation Act 1920).
(2) An expression used in both these Regulations and the Airports Regulations 2024 has, unless the contrary intention appears, the same meaning in these Regulations as in those Regulations.
For paragraph 169(1)(b) of the Act, the following airports are specified: (a) Archerfield Airport; (b) Bankstown Airport; (c) Camden Airport; (d) Essendon Fields Airport; (f) Jandakot Airport; (g) Moorabbin Airport; (h) Mount Isa Airport; (i) Parafield Airport; (j) Tennant Creek Airport.
These Regulations are the Airports (Control of On‑Airport Activities) Regulations 1997.
Note: For the application of State law in a Commonwealth place generally, see the Commonwealth Places (Application of Laws) Act 1970.
(1) In these Regulations:
Act means the Airports Act 1996.
FAC means the Federal Airports Corporation.
infringement notice offence means a contravention of these Regulations for which an infringement notice may be issued.
Note: For infringement notices generally, see Part 7.
Part 11 airport means an airport to which Part 11 of the Act applies.
Note: Part 11 of the Act deals with control of liquor, commercial trading, vehicle movements, gambling and smoking, at airports to which that Part applies. Section 169 of the Act provides that Part 11 of the Act applies to a core regulated airport (within the meaning given by section 7 of the Act) and an airport prescribed in the regulations, if there is an airport lease for the airport.
terminal area of an airport means the building or buildings on the airport used for processing the arrival and departure of the passengers of an aircraft engaged in a regular public transport operation (within the meaning given by the Air Navigation Act 1920).
(2) An expression used in both these Regulations and the Airports Regulations 2024 has, unless the contrary intention appears, the same meaning in these Regulations as in those Regulations.
For paragraph 169(1)(b) of the Act, the following airports are specified: (a) Archerfield Airport; (b) Bankstown Airport; (c) Camden Airport; (d) Essendon Fields Airport; (f) Jandakot Airport; (g) Moorabbin Airport; (h) Mount Isa Airport; (i) Parafield Airport; (j) Tennant Creek Airport.
This Part applies to Sydney (Kingsford‑Smith) Airport, Sydney West Airport, Bankstown Airport and Camden Airport.
The objects of this Part are: (a) to control the sale and supply of liquor at airports to which this Part applies; and (b) to control the standard and use of premises on which liquor may be sold or supplied at those airports; and (c) to promote harm minimisation practices in connection with the sale and supply of liquor at those airports.
(1) In this Part:
adult means an individual who is 18 years old or older.
applicant means an applicant for a licence or sub‑licence, and includes, if appropriate in the context, a person who intends to be an applicant.
conditions:
(a) for a licence, means conditions imposed on the licence under Division 1A.2; or
(b) for a sub‑licence, means conditions applying to the sub‑licence, or imposed on the sub‑licence, under Division 1A.3;
and includes those conditions as varied.
control includes regulate and prohibit.
function means an event or occasion to which persons are invited by, or for, the organiser of the event or occasion.
function licence means a licence of a kind described in regulation 4AG.
general licence means a licence of a kind described in regulation 4AF.
licence means a passenger terminal licence, a general licence or a function licence.
licence number has the meaning given by subregulation 4AQ(2).
licensed premises means premises that are specified in a licence or sub‑licence and, when used in relation to a particular licence or sub‑licence, means the premises specified in the licence or sub‑licence.
licensee means the holder of a licence.
minor means an individual who is under 18 years old.
nominee:
(a) for a licence, means an individual who is approved as a nominee for the licence under regulation 4BC and includes, if the context permits, an alternative nominee, or another individual, who is taken to be a nominee under regulation 4BK; and
(b) for a sub‑licence, means an individual who is approved as a nominee for the sub‑licence under the conditions of the sub‑licence and includes, if the context permits, an alternative nominee, or another individual, who is taken to be a nominee under the conditions of the sub‑licence.
passenger terminal means premises on an airport used for the arrival, departure and processing of aircraft passengers.
passenger terminal licence means a licence of a kind described in regulation 4AE.
premises includes:
(a) land; and
(b) a building or structure on land.
Secretary means the Secretary to the Department.
sell includes:
(a) barter or exchange; and
(b) offer, agree or attempt to sell; and
(c) expose, send, forward or deliver for sale; and
(d) cause or permit to be sold or offered for sale; and
(e) supply or offer, agree or attempt to supply:
(i) in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or
(ii) gratuitously, but to gain or keep custom or other commercial advantage.
sub‑licence means a sub‑licence granted under regulation 4BO.
sub‑licensee means the holder of a sub‑licence.
supply means supply whether or not for any consideration.
(2) A reference in this Part to an airport by name is a reference to the airport site known by that name.
The following licences may be granted and held under this Part: (a) a passenger terminal licence; (b) a general licence; (c) a function licence.
Note: Sub‑licences may be granted and held under a passenger terminal licence—see regulation 4AE and Division 1A.3.
A passenger terminal licence authorises the licensee, in accordance with this Part and the licence conditions: (a) to sell or supply liquor on premises in: (i) a passenger terminal on Sydney (Kingsford‑Smith) Airport that is specified in the licence; or (ii) a passenger terminal on Sydney West Airport that is specified in the licence; and (b) to grant, vary and cancel a sub‑licence to sell or supply liquor on premises in that passenger terminal that are specified in the sub‑licence; and (c) to sell or supply liquor at functions on licensed premises in that passenger terminal; and (d) to authorise the sale or supply of liquor by persons other than the licensee at functions on licensed premises in that passenger terminal.
A general licence authorises the licensee, in accordance with this Part and the licence conditions, to sell or supply liquor, on premises (not being premises in a passenger terminal on Sydney (Kingsford‑Smith) Airport or on Sydney West Airport) specified in the licence, on an airport site specified in the licence.
A function licence authorises the licensee, in accordance with this Part and the licence conditions, to sell or supply liquor at 1 or more functions, on premises (not being premises in a passenger terminal on Sydney (Kingsford‑Smith) Airport or on Sydney West Airport) specified in the licence that are not otherwise licensed premises, on an airport site specified in the licence.
An application for a licence must: (a) be made to the Secretary in a form approved by the Secretary; and (b) be accompanied by: (i) a plan showing the premises to be licensed, in a way that clearly defines the location, limits and area of the premises; and (ii) if the written consent of the airport‑lessee company is required under regulation 4AO, that written consent.
Note: At the time of making an application for a licence, the applicant must also nominate an individual to be the nominee—see regulation 4BA.
(1) An applicant for a general licence for premises on an airport must cause a notice of the proposed application to be published in: (a) at least 1 newspaper circulating generally in New South Wales; and (b) at least 1 local newspaper circulating in the area where the airport is situated. (2) The notice must be published: (a) at least 28 days before the application is made; and (b) in a manner that reasonably invites public attention to the application. (3) The notice must: (a) include the following information: (i) the name and address of the applicant; (ii) the proposed location and address of the premises to be licensed; (iii) the purpose of the licence, including the type of liquor trading activity proposed; (iv) the proposed trading hours; and (b) invite written comments from the public, to be made to the applicant within a period of 21 days before the proposed date of making the application. (4) The applicant must cause a copy of the notice to be displayed on the premises to be licensed, or on the site for those premises: (a) during the whole of the period of 28 days immediately before the application is made; and (b) in a manner that reasonably invites public attention to the application. (5) However, if it is not practicable to display the notice on the premises or site, the applicant may display the notice on any adjoining premises or site.
(1) The applicant must give to the Secretary, at the time of making an application to which regulation 4AI applies: (a) a copy of the notice as published and displayed under that regulation; and (b) evidence of the publication and display of the notice in accordance with that regulation; and (c) a copy of all written public comments received in response to the notice; and (d) a statement signed by, or on behalf of, the applicant: (i) confirming that those public comments were the only written public comments received; and (ii) outlining how those public comments have been taken into account in the application. (2) For paragraph (1)(b), an applicant who is unable to produce evidence that a notice was displayed as required by subregulation 4AI(4), is taken to have complied with that subregulation if the applicant gives to the Secretary evidence that: (a) the applicant took all reasonable steps to ensure that the notice was displayed in accordance with that subregulation; and (b) the notice was so displayed for at least a part of the period mentioned in that subregulation; and (c) any failure so to display the notice for the remainder of that period was not the applicant’s fault.
(1) The Secretary may ask the applicant to give further information about an application. (2) The Secretary may ask the applicant to provide a statutory declaration as to the accuracy of information given by the applicant. (3) The Secretary may request information that is relevant to the application from a Commonwealth, State or local government authority, law enforcement agency or other person. (4) If the applicant fails to comply with a reasonable request by the Secretary under subregulation (1) or (2) within a period of 30 days beginning on the day the request is made, the application is taken to have lapsed.
(1) The Secretary must consider an application for a licence made in accordance with this Division and must either: (a) grant the licence; or (b) refuse to grant the licence. (2) If the Secretary does not grant or refuse the licence within the decision period for the application, the Secretary is taken to have granted the licence at the end of the decision period. (3) However, subregulation (2) does not apply to an application that lapses under subregulation 4AK(4). (4) If the Secretary refuses to grant a licence, the Secretary must give to the applicant written notice of: (a) the refusal; and (b) reasons for the refusal. (5) In subregulation (2):
decision period, for an application, means:
(a) if information about the application is not requested under either subregulation 4AK(1) or (3) within a period of 30 days beginning on the day on which the application is received by the Secretary—that period of 30 days; and
(b) in any other case—the period of 30 days beginning on the day on which the last information requested under regulation 4AK is received by the Secretary.
Note: An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation—see regulation 4CN.
(1) In making a decision on an application the Secretary must take into account the following matters: (a) whether the applicant is a fit and proper person to hold a licence; (b) whether the grant of a licence for the premises specified in the application would be detrimental to the amenity of the airport, or any part of the airport, on which the premises are situated; (c) whether there is a demonstrated need for the activity proposed under the licence; (d) whether the activity proposed under the licence would be likely to encourage the misuse or abuse of alcohol; (e) if the applicant is not the airport‑lessee company for the airport on which the premises are situated, the views of the airport‑lessee company for the airport; (f) the requirements of regulations 4AN and 4AO. (2) In addition to the matters mentioned in subregulation (1), the Secretary may take into account: (a) the views of any other person consulted about the application by the Secretary; and (b) any ot
This is an opening excerpt, not the complete document.