72By‑laws

##### 72 By‑laws (1) The Board may make by‑laws, not inconsistent with this Act or the regulations, prescribing matters: (a) required or permitted by this Act to be prescribed by the by‑laws; or (b) necessary or convenient to be prescribed by the by‑laws for carrying out or giving effect to this Act; and, in particular, without limiting the generality of the foregoing, by‑laws making provision for, or with respect to: (c) the terms and conditions governing the provision to, or use by, any person, or class of persons, of services provided by, or facilities owned or operated by, the Corporation; (d) charges, not being aeronautical charges within the meaning of section 56 or charges made under, or because of, a contract, a lease, a licence, or an authority, in writing under the common seal of the Corporation; (e) the protection and preservation of property of, or property in the custody or under the control of, the Corporation; (f) regulating the conduct of persons at Federal airports or Federal airport development sites; (g) the maintenance of safety and order at Federal airports or Federal airport development sites; (h) regulating or prohibiting access to the whole or part of a Federal airport or Federal airport development sites by persons or classes of persons and the removal of certain persons or classes of persons; (j) regulating or prohibiting the parking of aircraft at Federal airports and providing for signs and tarmac markings for those purposes; (k) regulating or prohibiting the use of vehicles at Federal airports and providing for signs and road markings for those purposes; (m) the removal, sale or other disposal of unclaimed goods in the possession of the Corporation (including protection for the Corporation, airport officers and employees in relation to such removal, sale or disposal) and dealing with the proceeds of any such sale; (n) regulating or prohibiting the carrying on of any activity at Federal airports or Federal airport development sites; (p) the sale, supply, disposal, possession or control of liquor at a Federal airport or Federal airport development sites (including the sale, supply, disposal, possession or control of liquor by a person pursuant to a lease, licence or authority referred to in paragraph 9(2)(b)); (q) gambling activities at a Federal airport or Federal airport development sites (including gambling activities engaged in by a person pursuant to a lease, licence or authority referred to in paragraph 9(2)(b)); (r) providing for functions and powers to be conferred, and responsibilities to be imposed, upon airport officers; (s) the prohibition of interference with: (i) services provided by the Corporation; (ii) property of, or property in the custody or under the control of, the Corporation; and (iii) airport officers; and (t) penalties not exceeding a fine of $500 for breaches of the by‑laws. (2) Without limiting the generality of subsection (1), the by‑laws may, in respect of the parking of aircraft at a Federal airport, make provision for, or in relation to: (a) the establishment of a scheme under which a person who has infringed a by‑law concerning the parking of aircraft may, in order to avoid prosecution for the infringement, pay a fixed penalty; (b) the circumstances in which the owner of an aircraft is deemed liable for an infringement relating to the parking of the aircraft and how such an owner may avoid that liability; (c) the removal, sale or disposal of an aircraft parked in contravention of a by‑law or apparently abandoned (including protection for the Corporation, airport officers and employees in relation to such removal, sale or disposal) and dealing with the proceeds of such a sale; (d) where a person is prosecuted—the admissibility of statutory declarations or certificates of officers of the Department in relation to the ownership of an aircraft and averments which may be made by a prosecutor in relation to the day, time and place of an infringement and the relevant signs or markings in relation to the parking of aircraft; and (e) the exercise by the Chief Executive Officer, airport officers or employees of the powers of the Corporation in relation to the parking of aircraft at Federal airports. (3) Without limiting the generality of subsection (1), the by‑laws may, in respect of vehicles at a Federal airport, make provision for, or in relation to: (a) the establishment of a scheme under which a person who has infringed a by‑law concerning vehicles may, in order to avoid prosecution for the infringement, pay a fixed penalty; (b) the circumstances in which the owner of a vehicle is deemed liable for an infringement involving the vehicle and how such an owner may avoid that liability; (c) the removal, sale or disposal of a vehicle parked in contravention of a by‑law or apparently abandoned (including protection for the Corporation, airport officers and employees in relation to such a removal, sale or disposal) and dealing with the proceeds of such a sale; (d) where a person is prosecuted—the admissibility of statutory declarations or certificates of officers of the Public Service of a State or of a Territory in relation to the ownership of a vehicle and averments which may be made by a prosecutor in relation to the day, time and place of an infringement and the relevant signs or markings in relation to motor vehicles; and (e) the exercise by the Chief Executive Officer, airport officers or employees of the powers of the Corporation in relation to the control of the movement (including stopping or parking) of vehicles at Federal airports. (4) A by‑law shall not be taken to have been made unless and until it has been notified in the Gazette. (5) Sections 48 (other than paragraph (1)(a)), 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to by‑laws made under subsection (1) as if, in those provisions, references to regulations were references to by‑laws, references to a regulation were references to a by‑law and references to repeal were references to revocation. (6) By‑laws shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but subsections 5(3) to (3C) (inclusive) of that Act apply in relation to by‑laws as they apply to statutory rules. (7) For the purposes of the application of subsection 5(3B) of the Statutory Rules Publication Act 1903 in accordance with subsection (6), the reference in that first‑mentioned subsection to the Minister for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act. (9) In this section: > employee includes a person in respect of whose services arrangements are in force under paragraph 61(3)(a). > gambling activity includes a game of chance and a lottery (whether involving the use of a machine or otherwise). > liquor means wine, spirits, ale, beer or any liquid containing alcohol ordinarily used, or fit for use, as a beverage.