85Meaning of notice authority

85  Meaning of notice authority

 (1) For the purposes of exercising powers under this Part in relation to an offence against a provision of this instrument at an airport, the notice authority is:

 (a) the Secretary; or

 (b) if the Secretary has appointed an airport‑operator company for the airport under subsection (2) as the notice authority for the airport in relation to offences against provisions in the Division or Part containing the provision—the airport‑operator company.

 (2) The Secretary may appoint an airport‑operator company for an airport as the notice authority for the airport in relation to offences against provisions in a Division or Part of this instrument, if the Secretary is satisfied:

 (a) the airport‑operator company has the capability to carry out the functions of a notice authority for infringement notices given in relation to offences at the airport against provisions in the Division or Part; and

 (b) there are appropriate arrangements in place for the management of amounts paid under such infringement notices that the airport‑operator company receives on behalf of the Commonwealth.

 (3) A person who is a notice authority for the purposes of exercising powers in relation to an offence against a provision of this instrument at an airport is also a notice authority for the purposes of:

 (a) exercising other powers under this Part or Division 5 of Part 4; or

 (b) performing functions or duties under this Part or Division 5 of Part 4;

that are incidental to those powers.

Note: Division 5 of Part 4 includes provisions relating to infringement notices for parking offences.