The Act defines several critical terms. Aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air (s 3). Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport (s 3). Curfew period is defined in s 6: starts at 11 pm on a day and ends at 6 am on the next day. All times in the Act refer to legal time in New South Wales (s 5). Operator of an aircraft means a person who conducts an aircraft operation using the aircraft (s 3). The operator is the duty‑holder for most offences. Authorised person includes the Secretary of the Department, a person appointed in writing by the Secretary, or a member of a class appointed in writing (s 3). Engage in conduct covers both doing an act and omitting to perform an act (s 3). Land and take off have simple, physical definitions: an aircraft lands when it touches the ground and takes off when it leaves the ground (s 3). Maximum take‑off weight is the weight set out in the aircraft’s flight manual (s 3). Noise certificate has the meaning given by regulations (s 3). The Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation (Chicago, 1944), as amended and in force from time to time (s 3). This Annex contains the international noise‑certification standards that the Act often references, particularly Chapter 3 noise levels. Week means a period of 7 days starting at 11 pm on a Sunday (s 3), which is relevant to quota requirements under s 12 and s 13. International airline licence means a licence granted under subsection 12(1) of the Air Navigation Act 1920 (s 3). Airservices Australia is the body established by the Air Services Act 1995 (s 3). Air traffic controller has the meaning given by regulations (s 3). Runway names are explained in s 4 and a diagram in the Act. Runway 16R is the name for the main runway (marked A in the diagram) when used for a take‑off to the south. Runway 34L is the same physical runway when used for a landing from the south. Runway 16L is the name for the parallel runway (marked B) when used for a take‑off to the south. The Act also distinguishes international passenger aircraft (s 12(1)) as aircraft carrying passengers for hire or reward under an international airline licence, with the first port of call outside Australia for take‑offs or the last port of call from outside Australia for landings. Quota requirements are numeric caps on movements: for international passenger aircraft, a weekly joint take‑off/landing limit of 14 between 11 pm and midnight (daily limit 4), and a weekly landing limit of 35 between 5 am and 6 am (daily limit 7), with power to prescribe lower numbers (s 12(8),(9)). For BAe 146 freight aircraft, weekly joint take‑off/landing limits were 65 before 5 May 1996 and 74 after that date (s 13(3)). For DC9 freight aircraft, the limit was 6 per week before 5 May 1996 (s 13(4)). The concept of 90‑95 noise level rule under s 15(3) sets maximum effective perceived noise levels in EPNdB on take‑off (90 EPNdB, or 92 if offset by lower landing noise) and on landing (95 EPNdB, or 97 if offset by lower take‑off noise). Exceptional circumstances is the standard for ministerial dispensations under s 20, and the Minister must make guidelines about what constitutes them (s 20(5)). The Act also introduces the concept of reverse thrust greater than idle reverse thrust as a trigger for reporting (s 8(1)) and a missed approach as a trigger for a separate return (s 9(1)). National emergency declaration has the meaning in the National Emergency Declaration Act 2020 (s 18(c)). Finally, Badgerys Creek is the site of a proposed airport whose availability for night aircraft movements would render ss 13, 14 and 15 inoperative (s 17).

The Act primarily affects the operator of an aircraft that uses Sydney Airport. The operator is defined as the person who conducts an aircraft operation using the aircraft (s 3). Most offences and reporting duties fall on the operator, not the pilot (though s 8(5) contains a non‑binding exhortation directed at pilots to use minimum reverse thrust). The operator may be an individual or a body corporate, and s 25 extends criminal responsibility to bodies corporate and individuals for conduct of directors, employees and agents acting within actual or apparent authority, subject to a due‑diligence defence. Airlines operating international passenger services are specifically affected by s 12, which requires them to apply for approval to use shoulder‑period slots, comply with prescribed timetables, and stay within weekly and daily quotas. Freight operators of BAe 146 and DC9 aircraft are affected by s 13, which limits their curfew‑period movements and imposes registration and operator‑specific quotas that may be further divided by regulations. Owners and pilots of smaller aircraft , propeller‑driven aircraft under 34,000 kg (s 14) and jet aircraft under 34,000 kg that meet the 90‑95 noise rule and are specified by the Minister (s 15) , are affected because they may operate during the curfew only if they satisfy strict noise and runway conditions. Aircraft manufacturers and type‑certificate holders are indirectly affected because the Minister may specify jet aircraft types by legislative instrument, and the specification depends on noise‑certification data. The Secretary of the Department has significant administrative powers: to approve international passenger shoulder movements (s 12(4)), to appoint authorised persons (s 3), to receive returns (ss 8, 9), to require information (s 21), to delegate powers (s 24), and to receive monthly reports from Airservices Australia on air‑traffic‑controller runway nominations (s 11(4)). Airservices Australia is required to provide those monthly reports (s 11(4)) and its employees are eligible to be delegated the power to grant dispensations (s 24(1)(c)). Air traffic controllers are affected by s 11, which gives them the power to nominate runways other than the default runways during weekend shoulder periods, and their nominations must be reported monthly. The Minister has powers to grant dispensations (s 20), to specify jet aircraft types (s 15), to make guidelines for dispensations (s 20(5)), to declare the Badgerys Creek night‑use date (s 17), to delegate dispensation powers (s 24), and must undertake consultation before amending the Act or making certain instruments (Part 5 and Schedule). Residents and community groups near Sydney Airport are the intended beneficiaries of the curfew and noise restrictions. The Schedule recognises bodies or organisations that represent those likely to be affected by proposed actions (clause 2) and requires the Minister to give them copies of proposals for amendment, instruments, or guidelines, and to consider their submissions (clause 5). The Administrative Review Tribunal may review a decision of the Secretary to refuse an approval for an international passenger shoulder movement (s 12(7)). The Parliament is affected by the requirement that a written record of each dispensation and the reasons for granting it must be tabled in each House within five sitting days (s 20(4)). All persons (operators, airlines, pilots, ground crew) are affected by the strict‑liality provisions in ss 7(3), 8(2A), 9(2A), 10(3), 11(3A) and the application of Chapter 2 of the Criminal Code (s 3A), which eliminates the need to prove fault for the conduct element of most offences.

The Act imposes several core duties on aircraft operators. The central duty is in s 7(1): an aircraft must not take off from or land at Sydney Airport during a curfew period unless permitted under Part 3. The operator who engages in conduct resulting in a contravention commits an offence; strict liability applies to the conduct element (s 7(2),(3)). Section 10(1) requires that take‑offs between 10.45 pm and 11 pm use runway 16L or 16R, again with strict liability for the operator (s 10(2),(3)). Section 11 imposes similar mandatory runway duties for weekend shoulder periods: take‑offs from 16L or 16R, landings on 34L, unless an air traffic controller nominates another runway or the movement is permitted under Division 2 of Part 3. Section 11(3) creates an offence for the operator with strict liability on the conduct element (s 11(3A)). Reporting duties arise under s 8: if an aircraft lands during a curfew period using reverse thrust greater than idle reverse thrust, the operator must lodge a return within 7 days stating the date, time, registration, operator, aircraft type, and reason for using that level of reverse thrust (s 8(1),(3)). Non‑compliance attracts a 50‑penalty‑unit offence with strict liability (s 8(2),(2A)). Similarly, s 9 requires a return within 7 days if an aircraft attempts a landing during a curfew period but misses the approach. The return must include the date, time, registration, operator, aircraft type, reasons for the missed approach (including wind conditions), and the down‑wind limits from the flight manual (s 9(3)). An offence with strict liability applies (s 9(2),(2A)). Under Part 4, an authorised person may give a written notice requiring the operator to provide, within 30 days, information about the aircraft’s noise level or information relevant to whether a movement was permitted under the emergency provisions (s 21(1)). Failure to comply is an offence (s 21(2)). The operator must not give false or misleading information in a material particular for a purpose connected with the Act (s 22). The Act also confers rights and protections. An operator may apply to the Secretary for approval of an international passenger aircraft movement during shoulder periods (s 12(4)). The Secretary’s refusal is reviewable by the Administrative Review Tribunal (s 12(7)). An operator may seek a ministerial dispensation in exceptional circumstances under s 20. The Minister must have regard to guidelines and may impose conditions. A dispensation need not be in writing, but a written record with reasons must be tabled in Parliament (s 20(4)). Operators and others retain the common‑law privilege against self‑incrimination: s 21(3) provides that a person may refuse to give information on the ground that it might tend to incriminate them or expose them to a penalty. Section 25 provides a due‑diligence defence for bodies corporate and individuals: if the conduct of a director, employee or agent is attributed to the principal, the principal may avoid liability by proving that it took reasonable precautions and exercised due diligence to avoid the conduct (s 25(2),(4)). The Act also gives rights of delegation: the Minister may delegate dispensation powers to the Secretary, an officer of the Department, or an employee of Airservices Australia (s 24(1)); the Secretary may delegate approval powers under s 12 to an officer (s 24(2)). The Schedule grants procedural rights: the public may make submissions on proposed amendments, legislative instruments specifying jet aircraft types, and guidelines for dispensations, and the Minister must consider those submissions (Schedule clauses 4, 6). Bodies or organisations determined by the Minister to represent affected interests must be given copies of proposals and invited to make submissions (clause 5).

The Act creates several criminal offences with significant penalties. The most serious is the core curfew breach under s 7, carrying a penalty of 1,000 penalty units. At the current value of a penalty unit under the Crimes Act 1914 (section 4AA), 1,000 penalty units equates to a substantial sum , currently $313,000 for an individual and three times that for a body corporate, though the Act specifically notes increased maxima under subsection 4B(3) of the Crimes Act 1914 (see notes to ss 21 and 22). Section 10 (incorrect runway between 10.45 pm and 11 pm) attracts 500 penalty units. Section 11 (weekend shoulder‑period runway breach) attracts 100 penalty units. Reporting failures under ss 8 and 9, failure to comply with an information notice under s 21, and provision of false or misleading information under s 22 each carry 50 penalty units. The notes to ss 21 and 22 explicitly state that if the operator is a body corporate, the maximum penalty is 250 penalty units under subsection 4B(3) of the Crimes Act 1914. Strict liability applies to the physical element of conduct in ss 7(3), 8(2A), 9(2A), 10(3), and 11(3A). This means the prosecution does not need to prove fault (intention, knowledge, recklessness) for the fact that the operator engaged in conduct that resulted in a curfew breach or other contravention. However, the operator may still raise the defence of honest and reasonable mistake of fact where available under the Criminal Code. Section 3A applies Chapter 2 of the Criminal Code (except Part 2.5 on corporate criminal responsibility) to all offences under the Act, importing the general principles of criminal responsibility including the physical and fault elements, defences, and extensions of liability. Enforcement mechanisms include authorised persons appointed by the Secretary (s 3). These authorised persons have the power to issue written notices requiring information under s 21. The Act does not expressly confer powers of entry, search, or seizure, but the information‑gathering power is a key enforcement tool. Section 25 significantly expands liability for both bodies corporate and individual operators. For bodies corporate, the state of mind of a director, employee or agent acting within actual or apparent authority is attributed to the body corporate, and the conduct of such persons is taken to be that of the body corporate, unless the body corporate proves it took reasonable precautions and exercised due diligence (s 25(1),(2)). Identical attribution rules apply to individuals in respect of their employees and agents (s 25(3),(4)). This reverses the evidential burden: the accused must prove the due‑diligence defence on the balance of probabilities. The offence definition in s 25(5) includes ancillary offences under the Criminal Code (attempt, incitement, conspiracy) and under s 6 of the Crimes Act 1914 (accessory after the fact). The Minister has a separate accountability measure: dispensations granted under s 20 must be recorded in writing with reasons and tabled in each House of Parliament within five sitting days (s 20(4)). This provides a form of political enforcement. The regulations made under s 26 may prescribe lower quota numbers, which effectively tighten the enforcement ceiling. Airservices Australia must also report monthly to the Secretary on air‑traffic‑controller runway nominations under s 11(4), ensuring oversight of that discretion.

The Act sits within a broader framework of Commonwealth aviation and criminal law. Section 3A expressly provides that Chapter 2 of the Criminal Code (other than Part 2.5) applies to all offences created by the Act. This incorporates the general principles of criminal responsibility, including physical and fault elements, the defence of mistake of fact, and extensions such as complicity and corporate criminal responsibility (for body corporates, Part 2.5 is excluded, but s 25 supplies its own attribution rules). The Criminal Code also governs strict liability (s 6.1) which is applied to several provisions. The Act’s penalty provisions interact with the Crimes Act 1914, particularly subsection 4B(3) which increases the maximum fine for bodies corporate to five times the penalty unit amount, as noted in the notes to ss 21 and 22 (50‑penalty‑unit offences attract a 250‑penalty‑unit maximum for bodies corporate). The definition of international airline licence in s 3 refers to an international airline licence granted under subsection 12(1) of the Air Navigation Act 1920. This links the curfew permissions for international passenger aircraft to the licensing scheme under that Act. The definition of the Annex incorporates by reference Volume 1 of Annex 16 to the Chicago Convention (7 December 1944) as amended and in force from time to time. This means the noise‑certification standards (Chapter 3, 5, 6, 10) that the Act uses to define permissible aircraft are dynamic and may change as ICAO amends the Annex. The Act also references the Air Services Act 1995 in defining Airservices Australia (s 3) and permits employees of Airservices Australia to be delegated dispensation powers (s 24(1)(c)). The National Emergency Declaration Act 2020 is cross‑referenced in s 18(c): if a national emergency declaration is in force, an aircraft used for or in connection with that emergency may take off or land in contravention of the curfew and related runway restrictions, without needing a separate dispensation. The Act provides for merits review in the Administrative Review Tribunal of a decision to refuse an approval under s 12(7) (shoulder‑period international movements). This replaces the former Administrative Appeals Tribunal. The regulation‑making power in s 26 allows the Governor‑General to prescribe matters required or permitted by the Act, such as lower quota numbers, prescribed addresses for lodging returns, and timetables for international passenger movements. The Schedule to the Act sets out consultation procedures that must be followed before the Minister introduces a Bill to amend the Act, makes a legislative instrument specifying jet aircraft types under s 15(2), or makes guidelines for dispensations under s 20(5). These procedures require public notice, invitation for submissions over at least 21 days, and consideration of submissions. However, clause 7 provides that a failure to comply with the Schedule does not invalidate the amendment, instrument, or guidelines , this creates a softer procedural constraint. Section 35A is not present in the source text, so no interaction with the Acts Interpretation Act or other interpretation legislation is noted. The Act does not appear to interact with state‑based noise or planning laws; it operates as a Commonwealth law covering Sydney Airport directly. The Badgerys Creek sunset clause in s 17 , which would render ss 13, 14 and 15 inoperative after a date specified by the Minister , is a contingent interaction with a future airport development.

The source text of the Act as provided does not contain any amendment‑specific provisions beyond the original commencement and the consultation requirements for future amendments. Section 2 sets the original commencement: the Act commences at 10.45 pm on the first Sunday after the 28th day after Royal Assent, or if that Sunday is the 28th day, at 10.45 pm on that Sunday. This is a single‑event commencement with a special rule for a Sunday Royal Assent. The Act has been amended by external legislation not reproduced in the source, but the source does not name any amending Acts. The Act includes a built‑in consultation procedure for any future amendment: Part 5 (s 23) and the Schedule require the Minister to prepare a written proposal, publish a notice in a Sydney newspaper, invite public submissions over at least 21 days, consult bodies or organisations determined to represent affected interests, and consider all submissions before introducing a Bill to amend the Act. The Minister must also table a consultation report in the House when introducing the Bill (s 23(2)). The Schedule also applies when the Minister proposes to make a legislative instrument under s 15(2) (specifying jet aircraft types) or guidelines under s 20(5) (dispensation guidelines). Consequently, any substantive amendment to the Act would have required the Minister to follow these procedures, though failure to comply does not invalidate the amendment (Schedule clause 7). The Act itself has a temporal‑operation provision in s 13(2): DC9 freight aircraft are permitted only on or before 5 May 1996. This is a sunset clause for that particular permission, not an amendment to the Act. Section 17 operates as a contingent suspension provision: if the Minister publishes a notice in the Gazette that the airport at Badgerys Creek is able to be used for night aircraft movements, then ss 13, 14 and 15 cease to apply to take‑offs or landings occurring on or after that date. This is a potential future change in the Act’s operation triggered by an executive act, not a legislative amendment. The source does not indicate whether such a notice has ever been published. The Act also provides for changes via regulation: s 26 allows the Governor‑General to prescribe matters, including lower quota numbers under s 12(8),(9) and s 13(3),(4), and to prescribe timetables under s 12(2)(a) and addresses under s 8(3)(d) and s 9(3)(e). These regulations may alter the operational effect of the Act without amendment to the primary statute. Because the source text is the Act as currently in force (with the amendments that are reflected in the reproduced sections , note that s 12 includes a missing subsection (3) and s 15 has a missing subsection (5), but these appear to be original numbering gaps), no detailed amendment chronology can be extracted beyond what is stated.

The source text of the Sydney Airport Curfew Act 1995 does not contain any reference to litigation, cases, or judicial decisions. The Act does not include a review date or a provision referring to previous court proceedings. Section 12(7) provides for review by the Administrative Review Tribunal of a decision to refuse an approval for international passenger shoulder‑period movements, but no cases are named. Section 7(3), 8(2A), 9(2A), 10(3), and 11(3A) impose strict liability on the conduct element of offences, which could generate litigation on the meaning of “engage in conduct” and “results in a contravention” in the context of aircraft operations, but the source does not record any such cases. Section 25’s due‑diligence defence for attributed conduct of employees and agents may also have been litigated, but the Act’s text does not cite any authority. The Schedule clause 7 states that failure to comply with the consultation procedures does not affect validity, which may have been tested in a court. However, the source does not list any decided cases. The definition of “the Annex” incorporates ICAO Annex 16 by reference as amended from time to time; the meaning of “in force from time to time” could be litigated in relation to noise‑compliance requirements, but again no cases are mentioned. The Act’s interaction with the National Emergency Declaration Act 2020 through s 18(c) might generate litigation about what constitutes use “for or in connection with” a declared emergency. None of this is reflected in the source. Because the Act is a Commonwealth statute, any prosecution would be in federal courts, but the source provides no litigation data. Therefore, no specific litigation history can be reported based solely on the material provided.

Several features of the Act can catch unwary operators. The most significant is the strict‑liability element on the conduct component of the curfew and runway offences (ss 7(3), 10(3), 11(3A)). The prosecution does not need to prove that the operator intended to breach the curfew or knew that a movement was prohibited. Even an inadvertent delay that results in a take‑off at 11:01 pm can lead to an offence. The 15‑minute pre‑curfew zone (10.45 pm to 11 pm) under s 10 is a common trap: it is not a curfew period (which starts at 11 pm), but it imposes mandatory runway restrictions with a penalty of 500 penalty units - half the penalty for a full curfew breach. Operators may mistakenly think that any runway is available until the curfew starts. The reverse‑thrust reporting obligation (s 8) applies even if the landing itself was fully permitted under Part 3 (for example, an international passenger aircraft landing between 11 pm and midnight). Using reverse thrust greater than idle reverse thrust triggers a 7‑day return, regardless of whether the landing was authorised. The return must include the reason, and the operator commits an offence for non‑compliance. Similarly, a missed approach during the curfew (s 9) triggers a return obligation even if the missed approach was unavoidable or unrelated to the curfew. The operator must provide wind conditions and flight‑manual down‑wind limits. The quota limits in s 12 (international passenger movements) and s 13 (BAe 146 and DC9 freight) are strict caps. If the weekly or daily quota is exhausted, no further movements are permitted, even if they would otherwise meet all conditions. The quotas can be lowered by regulation, and s 13(3)(b) allows regulations to divide the weekly cap into separate limits per operator, which could ground a specific operator who exceeds their allocation. The Badgerys Creek sunset (s 17) provides that ss 13, 14 and 15 (freight and small‑aircraft permissions) cease to apply after a date declared by the Minister. This date could be declared without further legislative amendment. Operators relying on those curfew‑exemption provisions should monitor the Gazette for such a notice. The dispensation procedure (s 20) contains a dangerous informality: a dispensation need not be in writing, but a written record with reasons must be made and tabled in Parliament (s 20(4)). An operator who receives an oral dispensation from the Minister should obtain written confirmation immediately, as the absence of a written record might create proof problems for a later prosecution. The consultation clauses in the Schedule are expressly non‑justiciable: clause 7 provides that failure to comply with the Schedule does not affect validity. An amendment or instrument made without proper consultation is still valid. The definition of operator (s 3) is broad and may capture entities that lease or charter aircraft, not just owners. A lessor could be treated as the operator if it conducts the operation. Section 25(2) and (4) shift the evidential burden: a body corporate or individual operator must prove due diligence to escape liability for conduct of employees and agents. This is a reverse onus. The Criminal Code application (s 3A) means that the general principles of criminal responsibility apply, including defence of interference with property or sudden or extraordinary emergency, but also that extended liability for attempt, incitement, and conspiracy applies. The week definition (s 3) - starting at 11 pm on a Sunday - means that the weekly quota period for international passenger movements under s 12(8) runs from 11 pm Sunday to 10.59 pm the following Sunday, not midnight to midnight. Operators counting slots must align their calculations with this unusual boundary. Finally, the legal time in New South Wales (s 5) includes daylight saving when applicable. A curfew period that starts at 11 pm local time may be effectively an hour earlier or later in UTC terms during summer, and operators must use local time, not UTC or aircraft flight‑plan time.

Compliance with the Sydney Airport Curfew Act requires systematic operational planning and diligent record‑keeping. 1. Check the curfew period. Before scheduling any movement, verify whether the intended take‑off or landing time falls within the curfew period (11 pm to 6 am the next day, NSW legal time - s 6). If it does, the movement is prohibited unless an exemption in Part 3 applies. 2. Use designated runways during shoulder periods. Between 10.45 pm and 11 pm, any take‑off must use runway 16L or 16R (s 10). For weekend shoulder periods (6 am-7 am and 10 pm-11 pm on Saturdays and Sundays), take‑offs must be from runway 16L or 16R and landings must be on runway 34L, unless an air‑traffic controller nominates another runway or the movement is covered by an emergency or dispensation (s 11). Obtain a runway nomination from air traffic control in advance if weather or operational needs require deviation. 3. Obtain approvals for international passenger shoulder movements. If operating an international passenger aircraft (as defined in s 12(1)) and scheduling a take‑off or landing between 11 pm and midnight, or a landing between 5 am and 6 am, apply in writing to the Secretary of the Department for approval (s 12(4)). The application must include reasons addressing overseas curfew constraints, lack of capacity at Sydney Airport outside curfew, and unavailability of alternative airports. Ensure the movement is covered by a prescribed timetable (s 12(2)(a)). The aircraft must comply with Chapter 3 noise levels (s 12(2)(f)). Monitor weekly and daily quotas: no more than 14 combined take‑offs/landings per week (11 pm-midnight) with a daily cap of 4; no more than 35 landings per week (5 am-6 am) with a daily cap of 7 (s 12(8),(9)). Movements permitted under s 16 (taxi clearance before curfew) or s 18 (emergencies/dispensations) are not counted against quotas (s 12(10)). 4. For freight aircraft, BAe 146 and DC9 operators must ensure the aircraft is used solely for freight, that it is registered to or operated by a person specified in regulations, and that it uses runway 16R for take‑offs (south of taxiway G) and runway 34L for landings (s 13(1),(2)). DC9s were time‑limited to on or before 5 May 1996 (s 13(2)). Monitor weekly movement quotas: BAe 146 not exceeding 74 per week (or lower if prescribed), DC9 not exceeding 6 per week before the cut‑off date (s 13(3),(4)). Regulations may impose per‑operator sub‑limits. 5. For small aircraft, propeller‑driven under 34,000 kg must comply with specified Annex noise standards (Chapter 3, 5 (excluding para 5.1.3), 6 or 10) (s 14). Jet aircraft under 34,000 kg must be of a type specified by the Minister in a legislative instrument and meet the 90‑95 noise rule (s 15). Both may only use runway 16R for take‑offs (south of taxiway G) and runway 34L for landings. 6. Lodge required returns. If an aircraft lands during a curfew period using reverse thrust greater than idle reverse thrust, lodge a return within 7 days (s 8). If a landing is attempted during a curfew period but the approach is missed, lodge a return within 7 days (s 9). Include all required particulars: date, time, registration, operator, type, reasons, wind conditions, and flight‑manual down‑wind limits for missed approaches. Lodge with an authorised person at a prescribed address. 7. Respond to information notices. If an authorised person issues a written notice requiring information about noise levels or emergency‑exemption eligibility, respond within 30 days (s 21). Do not provide false or misleading information (s 22). The privilege against self‑incrimination is preserved (s 21(3)). 8. Maintain noise‑certification records. Ensure the aircraft holds a valid noise certificate (as defined by regulations) and that its noise levels are within the applicable limits in the Annex, particularly Chapter 3 for most permitted operations. 9. Apply for dispensations only in exceptional circumstances. If a movement cannot comply with the curfew or runway rules and does not fall within an emergency, apply to the Minister for a dispensation under s 20. The Minister must have regard to guidelines. The dispensation may be oral, but ensure a written record is made. 10. Implement due‑diligence systems. Because s 25 attributes the conduct and state of mind of directors, employees, and agents to the operator (corporate or individual), put in place robust compliance training, standard operating procedures for curfew timing, runway selection, and reporting. Document all training and monitoring to be able to prove reasonable precautions and due diligence if challenged. 11. Monitor legal time in NSW (s 5), including daylight‑saving changes. Adjust schedules accordingly to ensure that the curfew period and shoulder periods are correctly identified. 12. Track regulatory changes. The Act permits quotas to be reduced by regulation, and timetables for international movements to be prescribed. Regularly check the Federal Register of Legislation for amendments, new regulations, and legislative instruments specifying jet aircraft types (s 15) or dispensing guidelines (s 20). Also monitor the Gazette for any notice under s 17 declaring Badgerys Creek night availability.