70DRequirements in relation to records

70D Requirements in relation to records

Scope (1) This section applies to the following persons (each a regulated entity): (a) *Airservices Australia; (b) an airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport; (c) the *Slot Manager; (d) the *Compliance Committee; (e) a person who holds, or who has held, slots under the *Slot Management Scheme; (f) a person prescribed by regulations made for the purposes of this paragraph. Regulations dealing with records (2) The regulations may make provision in relation to records that are relevant to: (a) the allocation or use of slots at Sydney Airport; or (b) *gate movements at Sydney Airport; or (c) compliance with this Act; (d) administering or enforcing a civil penalty provision of this Act; or (e) performing functions, or exercising powers, under or for the purposes of this Act. (3) The regulations may make provision in relation to the following matters: (a) keeping records; (b) accessing records; (c) disposing of records; (d) transferring records. (4) Subsection (3) does not limit: (a) the matters for which the regulations may make provision; or (b) subsection 33(3A) of the Acts Interpretation Act 1901. Civil penalty—records (5) A person is liable to a civil penalty if: (a) the person is a regulated entity (other than the *Compliance Committee); and (b) regulations made for the purposes of subsection (2) impose an obligation on the regulated entity in relation to a record; and (c) the regulated entity fails or refuses to comply with the obligation.

Civil penalty: 60 penalty units.

Exception—regulated entity not capable of complying (6) Subsection (5) does not apply to the extent that the regulated entity is not capable of complying with the obligation.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Commercially sensitive information (7) A regulated entity is not excused from complying with an obligation under this section to provide access to records merely because the records are or contain *commercially sensitive information.