Division 4Civil penalty provisions for slot misuse

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An Act to limit and optimise aircraft movements at Sydney Airport, and for related purposes ## Part 1—Preliminary #### 1 Short title This Act may be cited as the Sydney Airport Demand Management Act 1997. #### 2 Commencement (1) This Act, other than Parts 2 and 3, commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), Parts 2 and 3 commence on a day to be fixed by Proclamation. (3) If Parts 2 and 3 do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. #### 3 Identifying defined terms (1) Many of the terms in this Act are defined in Schedule 1\. Some definitions that are relevant only to limited areas of this Act are defined in those areas. (2) Most of the terms that are defined in Schedule 1 are identified by an asterisk at the start of the term: as in “\*aircraft movement”. The footnote with the asterisk contains a signpost to Schedule 1. (3) An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection, note or definition. Later occurrences of the term in the same provision are not usually asterisked. (4) The following basic terms used throughout the Act are not identified with an asterisk: ```html <table cellspacing="0" cellpadding="0" style="margin-left:35.45pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:251.45pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Terms that are not identified with an asterisk</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">This term</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">is defined in</td></tr></thead><tbody><tr><td style="width:31.75pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:114.75pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">aircraft</td><td style="width:83.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Chair</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">civil penalty provision</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">4</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">member</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">5</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Regulatory Powers Act</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">6</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Secretary</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">7</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">slot</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">8</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Sydney Airport</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr><tr><td style="width:31.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">9</td><td style="width:114.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">this Act</td><td style="width:83.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Schedule 1</td></tr></tbody></table> ``` #### 4 Overview (1) This Act sets the \*maximum movement limit for \*aircraft movements at Sydney Airport (otherwise than during \*curfew periods). It also provides for the \*Slot Management Scheme, under which slots for \*gate movements at Sydney Airport are allocated. The Scheme is required to be consistent with the maximum movement limit. (2) Part 2 sets the \*maximum movement limit for \*aircraft movements at Sydney Airport, and provides for monitoring of compliance with that limit. It also provides for \*recovery periods to assist in managing certain disruptions to operations at Sydney Airport. (3) Part 3 explains key concepts relating to \*gate movements, and sets out civil penalties for slot misuse. It also deals with gate movements that are exempted from the \*maximum movement limit. (4) Part 4 deals with the making and contents of the \*Slot Management Scheme. It also deals with the power of the Minister to give directions in relation to slots, and the \*Slot Manager’s power to make \*declared exemptions. (5) Part 5 applies the framework established by the Regulatory Powers Act in relation to compliance with, and enforcement of, this Act. (6) Parts 6 and 7 deal, respectively, with the appointment etc. of the \*Slot Manager and the \*Compliance Committee. (6A) Part 7A deals with information management. (7) Part 8 deals with miscellaneous matters. (8) Schedule 1 contains definitions (see also section 3). #### 5A Part IIIA of the Competition and Consumer Act 2010 to be subject to this Act Part IIIA of the Competition and Consumer Act 2010 has effect subject to this Act. ## Part 2—The maximum aircraft movement limit at Sydney Airport, and recovery periods ### Division 1A—Preliminary #### 6A Simplified outline of this Part This Part imposes a limit (called the maximum movement limit) on the number of aircraft movements in each hour (called a regulated hour) outside the curfew period at Sydney Airport. The Minister may determine a lower maximum movement limit for a regulated hour. To assist in managing certain disruptions to operations at Sydney Airport, the Minister may, for a strictly limited period, declare a higher maximum movement limit. Airservices Australia monitors compliance with the maximum movement limit. ### Division 1—The maximum movement limit #### 6 Maximum movement limit (1) The maximum number of \*aircraft movements at Sydney Airport is: (a) during a \*regulated hour—80 aircraft movements in the hour; or (b) during a \*recovery hour—85 aircraft movements in the hour. (1A) The maximum number of \*aircraft movements mentioned in subsection (1) is the maximum movement limit. > Note: The Minister may determine a lower limit for a regulated hour—see section 7. (1B) The total number of \*aircraft movements at Sydney Airport in a day must not exceed 1,360 movements outside the \*curfew period for the day. (2) A regulated hour is a period of 60 minutes starting: (a) on the hour (being one of the 24 hours of a day); or (b) at 15 minutes past the hour; or (c) at 30 minutes past the hour; or (d) at 45 minutes past the hour. (3) However, a period is not a regulated hour if it starts during, or less than 60 minutes before: (a) a \*curfew period; or (b) a \*recovery hour. > Note 1: Aircraft movements during curfew periods are regulated under the Sydney Airport Curfew Act 1995. > Note 2: For provisions about recovery hours, see section 9B. (4) In applying the limit imposed by this section, \*aircraft movements \*associated with \*gate movements that are permitted by Division 5 of Part 3 are not to be counted. (5) The purpose of this section is to set the maximum movement limit for the purposes of the \*Slot Management Scheme and other provisions of this Act. It does not operate to create rights or obligations except as provided in other provisions of this Act. #### 7 Minister’s power to determine a lower maximum movement limit (1) The Minister may, by legislative instrument, determine that paragraph 6(1)(a) is to have effect as if a lower number of \*aircraft movements were specified in it. > Note: See section 8 for consultation requirements. (3) While a determination under subsection (1) is in force, paragraph 6(1)(a) has effect as if the lower number of \*aircraft movements were specified in it. (4) A determination under subsection (1): (a) comes into force on the first day after the end of the period during which it can be disallowed by a House of the Parliament, or on a later day specified in the determination; and (b) remains in force until the end of the period (if any) specified in the determination, or until the Minister revokes the determination. If the determination is disallowed, it does not come into force. #### 8 Consultation about determination of lower maximum movement limit (1) Before making a determination under subsection 7(1), the Minister must, by notifiable instrument, publish a notice: (a) stating that the Minister is considering making the determination specified in the notice; and (b) inviting persons covered by any of the following subparagraphs to give the Minister a written submission about the proposed determination within 30 days after the publication of the notice: (i) the airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport or, if there is more than one such company, the airport‑management company (within the meaning of that Act) for Sydney Airport; (ii) a person specified in the regulations for the purposes of this subparagraph, being a person who represents the interests of all of the aircraft operators who use Sydney Airport to operate scheduled air services; (iii) \*Airservices Australia; (iv) the Civil Aviation Safety Authority. (2) If a person gives the Minister a written submission in accordance with the notice, the Minister must have due regard to the submission in making the determination. (3) Subsection (2) does not, by implication, limit the matters to which the Minister may have regard. (4) This section does not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instruments). #### 9 Airservices Australia to monitor compliance with maximum movement limit (1) \*Airservices Australia is to monitor compliance with the \*maximum movement limit. (2) \*Airservices Australia is not authorised or required to take any action to enforce compliance with the \*maximum movement limit. (3) If \*Airservices Australia ceases to provide air traffic services at Sydney Airport, the Minister may enter into an arrangement with another person who provides, or who is to provide, such air traffic services under which the person agrees to monitor compliance with the \*maximum movement limit. (4) The regulations may require \*Airservices Australia, or a person mentioned in subsection (3) who provides air traffic services, to publish information about compliance with the \*maximum movement limit. (5) Subsection (4) does not limit section 70E (which is about requirements to publish information). ### Division 2—Recovery periods #### 9A Minister may make recovery period declaration (1) The Minister may, by written notice, make a declaration in respect of a period if the Minister is satisfied that: (a) on the day that includes the period, \*aircraft movements at Sydney Airport are significantly disrupted; and (b) the cause or circumstances of the disruption are such that criteria specified by the regulations for the purposes of this paragraph are met; and (c) \*Airservices Australia has recommended to the Minister that the Minister make the declaration in respect of the period. (2) A declaration under subsection (1) is a recovery period declaration. (3) A \*recovery period declaration must be made on the same day as the period to which it relates. (4) For the purposes of this section, it is immaterial whether the cause of the disruption: (a) directly disrupts \*aircraft movements at Sydney Airport; or (b) occurs elsewhere and, as a consequence, indirectly disrupts aircraft movements at Sydney Airport. (5) A \*recovery period declaration may be made regardless of whether the disruption has ended or not. (6) The Minister may make more than 1 \*recovery period declaration for a day. > Note: The recovery period declarations may relate to the same disruption, or different disruptions, on the day. (7) The Minister must cause a \*recovery period declaration to be published on the Department’s website. #### 9B Recovery periods and recovery hours Meaning of recovery period (1) The period in respect of which a \*recovery period declaration is made is the recovery period. Recovery period must be whole hours (2) The \*recovery period may be expressed to be either of the following: (a) 1 whole hour; (b) 2 consecutive whole hours. (3) Each whole hour in the \*recovery period is a recovery hour. Specifying start and end of recovery period (4) A \*recovery period declaration must specify the time at which: (a) the \*recovery period starts; and (b) the recovery period ends. Relationship with curfew period (5) The \*recovery period for a day must not cover any part of the \*curfew period for the day. Continuation of disruption during recovery period (6) Any part of a \*recovery period may be a period: (a) before which the disruption commenced; or (b) during which the disruption continues. Requirements specified by regulations (7) A \*recovery period declaration must comply with the requirements (if any) for the declaration specified in the regulations. ## Part 3—Civil penalties for slot misuse ### Division 1—Preliminary #### 10A Simplified outline of this Part This Part contains civil penalties for slot misuse at Sydney Airport. Slot misuse by an operator of an aircraft includes the following: (a) failing to use an allocated slot; (b) conducting a gate movement without an allocated slot; (c) conducting a gate movement outside the period for which the slot is allocated; (d) conducting flight operations otherwise than in accordance with prescribed requirements for a slot; (e) applying for the allocation of slots without reasonably practicable plans to use the gate movements permitted by the slots; (f) failing to return certain unused slots to the Slot Manager, or to transfer the slots to another operator. The civil penalties apply to all gate movements at Sydney Airport, other than some specified exceptions. ### Division 2—Situations in which penalties apply #### 10 Gate movements to which this Part applies This Part applies to all \*gate movements at Sydney Airport, other than: (a) any gate movement that is permitted by Division 5; and (b) any gate movement that is \*associated with an \*aircraft movement that occurs during a \*curfew period, unless a slot has been allocated for the gate movement under the \*Slot Management Scheme; and (c) any gate movement in relation to which the following conditions are satisfied: (i) the associated aircraft movement was scheduled to occur at a time during a curfew period; (ii) the aircraft movement actually occurs at a time that is not during a curfew period; (iii) if the aircraft movement had occurred at its scheduled time, the aircraft movement would have been permitted by section 12 or 13 of the Sydney Airport Curfew Act 1995; (iv) no slot has been allocated for the gate movement under the Slot Management Scheme. > Note 1: Regarding paragraph (b), a slot may have been allocated for the gate movement because the aircraft movement was scheduled to occur before or after the curfew period. In that case, this Part applies to the gate movement even if the aircraft movement actually occurs during the curfew period. > Note 2: Aircraft movements during curfew periods are regulated under the Sydney Airport Curfew Act 1995. Slots cannot be allocated under this Act for times during curfew periods (see subsection 37(2) of this Act). ### Division 3—Key concepts relating to gate movements #### 11 Meaning of gate movement Gate movement means: (a) the first movement of an aircraft after its external doors have been closed in preparation for an \*aircraft movement that is a take‑off; or (b) the last movement of an aircraft immediately before the moment when, after an aircraft movement that is a landing, the aircraft parks at a bay. #### 12 Meaning of no‑slot movement A \*gate movement on a day is a no‑slot movement for that day if no slot permitting the movement on the day on which it occurs has been allocated under the \*Slot Management Scheme. #### 13 Meaning of off‑slot movement (1) A \*gate movement on a day is an off‑slot movement for that day if: (a) a slot permitting the movement on the day on which it occurs has been allocated under the \*Slot Management Scheme; but (b) either of the following applies: (i) for a flight with a \*block time of less than 3 hours—the movement occurs more than 15 minutes before or after the time specified for the movement by the slot; (ii) for a flight with a block time of 3 hours or more—the movement occurs more than 30 minutes before or after the time specified for the movement by the slot. (2) The regulations may prescribe circumstances in which a \*gate movement is an off‑slot movement. #### 14 Meaning of block time Block time, for a flight, means the scheduled time between: (a) the first movement of the aircraft after its external doors have been closed in preparation for an \*aircraft movement that is a take‑off; and (b) the last movement of the aircraft immediately before the moment when, after an aircraft movement that is a landing, the aircraft parks at a bay. ### Division 4—Civil penalty provisions for slot misuse #### 15 Civil penalty—failure to use allocated slot (1) A person contravenes this subsection if: (a) the person is the \*operator of an aircraft; and (b) the operator has been allocated a slot under the \*Slot Management Scheme to permit a \*gate movement of the aircraft on a day; and (c) the aircraft does not engage in the gate movement on the day. Civil penalty: 60 penalty units. Exception—declared exemption (2) Subsection (1) does not apply if the failure to engage in the \*gate movement is covered by a \*declared exemption. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—Slot Manager’s agreement (3) Subsection (1) does not apply if the \*Slot Manager has agreed in writing, at the time of allocating the slot, to the \*operator not using the \*gate movement for the aircraft. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—operator returns or transfers slot (4) Subsection (1) does not apply if, before the day on which the \*gate movement was permitted by the slot, the \*operator: (a) returned the slot to the \*Slot Manager under the \*Slot Management Scheme; or (b) transferred the slot to another person who holds slots under the Slot Management Scheme. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). #### 16 Civil penalty—no‑slot movement (1) A person contravenes this subsection if: (a) the person is the \*operator of an aircraft; and (b) the aircraft engages in a \*gate movement on a day; and (c) the movement is a \*no‑slot movement for that day. Civil penalty: 60 penalty units. Exception—circumstances outside operator’s control (2) Subsection (1) does not apply if the circumstances that caused the \*gate movement to occur on the day were outside the \*operator’s reasonable control. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). #### 17 Civil penalty—off‑slot movement (1) A person contravenes this subsection if: (a) the person is the \*operator of an aircraft; and (b) the aircraft engages in a \*gate movement on a day; and (c) the movement is an \*off‑slot movement for that day. Civil penalty: 60 penalty units. Exception—declared exemption (2) Subsection (1) does not apply if the \*gate movement is covered by a \*declared exemption. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—circumstances outside operator’s control (3) Subsection (1) does not apply if the circumstances that caused the \*gate movement to occur at the time it did were outside the \*operator’s reasonable control. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). #### 18 Civil penalty—flight operations not in accordance with slot requirements (1) A person contravenes this subsection if: (a) the person is the \*operator of an aircraft; and (b) a slot has been allocated under the \*Slot Management Scheme that permits a \*gate movement for the aircraft on a day; and (c) the aircraft engages in a gate movement on that day; and (d) the movement does not comply with one or more requirements of the slot for the movement that are specified by the Slot Management Scheme for the purposes of this paragraph. Civil penalty: 60 penalty units. Exception—declared exemption (2) Subsection (1) does not apply if the failure to comply with the requirement of the slot for the \*gate movement is covered by a \*declared exemption. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—Slot Manager’s agreement (3) Subsection (1) does not apply if the \*Slot Manager has agreed in writing to the \*gate movement for the aircraft not complying with the requirement of the slot for the movement. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). #### 19 Civil penalty—applying for slots with no reasonable prospects of use (1) A person (the airline) contravenes this subsection if: (a) the airline customarily operates aircraft providing air services; and (b) the airline applies for the allocation of one or more slots under the \*Slot Management Scheme; and (c) at the time of the application, the airline has no reasonably practicable plans to conduct one or more of the \*gate movements permitted by the slots. Civil penalty: 60 penalty units. Exception—airline notifies intention to Slot Manager (2) Subsection (1) does not apply if the airline notifies the \*Slot Manager, at the time of making the application, that the airline does not at that time plan to conduct one or more specified \*gate movements permitted by the slots. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Evidentiary matters (3) In proceedings for a contravention of subsection (1), it is not necessary to prove that the airline had no reasonably practicable plans to conduct a particular \*gate movement permitted by a particular slot. (4) In determining whether an airline has contravened subsection (1), the court may have regard to the airline’s conduct generally in relation to the following: (a) \*gate movements; (b) applications for slots; (c) use of slots; (d) variations of slots; (e) surrender of slots. (5) Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1). #### 20 Civil penalty—failure to return or transfer unused slots (1) A person (the airline) contravenes this subsection if: (a) the airline customarily operates aircraft providing air services; and (b) the airline has been allocated one or more slots under the \*Slot Management Scheme; and (c) the airline: (i) decides not to offer, or to no longer offer, an air service for which allocation of the slots was sought; or (ii) becomes aware of other circumstances that make it unlikely that the airline will use the \*gate movements permitted by the slots for an air service for which allocation of the slots was sought; and (d) the airline does not return the slots to the \*Slot Manager, or transfer the slots to another person who holds slots under the Slot Management Scheme: (i) in the case of subparagraph (c)(i)—within 14 days after making the decision; or (ii) in the case of subparagraph (c)(ii)—within 14 days after becoming aware of the other circumstances. Civil penalty: 60 penalty units. Relationship with slot return deadline (2) For the purposes of subsection (1), it is immaterial whether the conduct, or part of the conduct, of the airline alleged to constitute the contravention occurs before, on or after any deadline specified by the \*Slot Management Scheme for the return of unused slots by holders of the slots. Evidentiary matters (3) In proceedings for a contravention of subsection (1), it is not necessary to prove that the airline would not have conducted, or was unlikely to conduct, a particular \*gate movement permitted by a particular slot. (4) In determining whether an airline has contravened subsection (1), the court may have regard to the airline’s conduct generally in relation to the following: (a) \*gate movements; (b) applications for slots; (c) use of slots; (d) variations of slots; (e) surrender of slots. (5) Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1). ### Division 5—Exemptions #### 29 Aircraft may make gate movements in emergencies or if Slot Manager makes declared exemption under section 48 An aircraft may make a \*gate movement at Sydney Airport in circumstances that would otherwise result in the \*operator contravening a \*civil penalty provision if: (a) the aircraft is involved in an emergency as described in section 30; or (b) a \*declared exemption made under section 48 covers the \*gate movement; or (c) the aircraft is a state aircraft as described in section 32. #### 30 Emergencies An aircraft is involved in an emergency if: (a) the aircraft is being used, or is returning after use, for or in connection with: (i) a search and rescue operation; or (ii) a medical emergency; or (iii) a natural disaster; or (b) the pilot of the aircraft has declared an in‑flight emergency. #### 32 State aircraft A state aircraft is: (a) an aircraft: (i) of any part of the Defence Force of Australia; or (ii) that is commanded by a member of that Force in the course of the member’s duties; other than any such aircraft that is registered under regulations made under the Civil Aviation Act 1988; or (b) an aircraft used in the military, customs or police services of a country other than Australia. ## Part 4—The Slot Management Scheme ### Division 1—Preliminary #### 33 Simplified outline of this Part The Slot Management Scheme is the main instrument for allocation and management of slots at Sydney Airport. This Part deals with making the Slot Management Scheme and its contents. It also covers the Minister’s power in relation to slots, and the Slot Manager’s power to make declared exemptions. ### Division 2—Slot Management Scheme #### 34 Minister to make Slot Management Scheme (1) The Minister must, by legislative instrument, make a scheme (the Slot Management Scheme) for the allocation and management of permissions for \*gate movements at Sydney Airport. (2) A permission for a \*gate movement is called a slot. > Note: For the key features of a slot, see section 38. #### 35 Core contents of Slot Management Scheme (1) The \*Slot Management Scheme must provide a system for the allocation and management of slots at Sydney Airport. (2) The Scheme may deal with any matter relating to the system mentioned in subsection (1), including the following matters: (a) allocation of slots; (b) conditions imposed on the use of slots; (c) variation of slots; (d) swapping of slots; (e) suspension of slots; (f) surrender of slots; (g) cancellation of slots. (3) Subsection (2) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. (4) The Scheme may make provision in relation to a slot by reference to: (a) specified categories of \*gate movements; or (b) any other matter. #### 36 Other matters covered by Slot Management Scheme Required matters (1) The \*Slot Management Scheme must set out the circumstances in which the \*Slot Manager may make a \*declared exemption. > Note: For declared exemptions, see Division 4. (2) The Scheme must be consistent with the additional requirements (if any) for the Scheme specified in the regulations. Permitted matters (3) The Scheme may make provision in relation to the exercise of the \*Slot Manager’s functions. (4) The Scheme may provide for the authorisation of persons other than the \*Slot Manager to exercise powers, or perform functions, of the Slot Manager relating to: (a) the allocation of slots; or (b) the management of slots that have been allocated. (5) The Scheme may confer functions and powers on the Minister. (6) The Scheme may contain provisions dealing with the reconsideration of decisions made under the Scheme by: (a) the Minister; or (b) the \*Slot Manager. #### 37 Restrictions on Slot Management Scheme (1) The \*Slot Management Scheme must be consistent with the \*maximum movement limit for \*aircraft movements at Sydney Airport. > Note: For the maximum movement limit, see section 6. (2) The Scheme must not allow slots to be allocated for times during \*curfew periods. (3) The Scheme must be consistent with any requirements of the Sydney Airport Curfew Act 1995 relating to \*aircraft movements before or after \*curfew periods. (4) Except as provided in this section, this Division does not limit the matters that may be dealt with by the Scheme. #### 38 Key features of a slot (1) A slot allocated under the \*Slot Management Scheme permits a specified \*gate movement at a specified time on a specified day. (2) The use of a slot may be subject to conditions imposed on the slot. (3) A slot allocated under the Scheme is not transferable, except in accordance with provisions in the Scheme about swapping slots. (4) A slot: (a) is not property; and (b) does not create rights or obligations that are enforceable against any person. (5) The permission granted by a slot is subject to other laws that impose requirements or restrictions on or in relation to \*aircraft movements or \*gate movements. ### Division 3—Minister’s power in relation to slots #### 46 Minister’s powers (1) The Minister may, in writing, direct the \*Slot Manager: (a) to vary, suspend or cancel slots that have been allocated under the \*Slot Management Scheme as specified in the direction; or (b) to exercise the power to issue slots under the Scheme subject to limitations specified in the direction. The direction does not have to be consistent with the Slot Management Scheme. (2) Each of the following must comply with the direction: (a) the \*Slot Manager; (b) any person authorised by the Slot Manager, under the \*Slot Management Scheme, to exercise powers or perform functions of the Slot Manager in relation to the allocation or management of slots. (3) A direction by the Minister must be consistent with the \*maximum movement limit for \*aircraft movements. (4) The Minister is not to be taken, for the purposes of the Corporations Act 2001, to be a director of a company that is the \*Slot Manager because of the powers in relation to the Slot Manager that are conferred on the Minister by this section. (5) The Minister must, in relation to each direction: (a) include in the direction a statement of the reasons for giving the direction; and (b) cause a copy of the direction to be tabled in each House of the Parliament not later than 6 sitting days of that House after the day on which the direction is given (6) A direction is not a legislative instrument. ### Division 4—Slot Manager’s power to make declared exemptions #### 47 Declared exemptions relating to allocated slots The \*Slot Manager may, by instrument in writing, declare that one or more specified \*gate movements that occur, or that are scheduled to occur, during the period covered by the declaration are not required to be conducted in accordance with their allocated slots, or at all. > Note: An aircraft movement that is associated with a gate movement covered by a declared exemption under this section is counted towards to the maximum movement limit. #### 48 Declared exemptions in exceptional circumstances (1) The \*Slot Manager may, by instrument in writing, authorise the \*operator of an aircraft to conduct a \*gate movement in circumstances where the conduct of the gate movement would otherwise contravene a civil penalty provision of this Act. > Note: An aircraft movement that is associated with a gate movement covered by a declared exemption under this section is not counted towards the maximum movement limit: see subsection 6(4) and paragraph 29(b). (2) An instrument may be made under subsection (1) only if the \*Slot Manager is satisfied that the \*gate movement permitted by the instrument is necessary to protect: (a) the health or safety of any person; or (b) the security, defence or international relations of the Commonwealth. #### 49 General matters relating to declared exemptions Declared exemption must be permitted by Scheme (1) A \*declared exemption may be made by the \*Slot Manager only in the circumstances permitted by the \*Slot Management Scheme. Conditions on, and classes of, declared exemptions (2) A \*declared exemption may be made subject to conditions. (3) A \*declared exemption may be made in relation to any of the following: (a) a specified \*gate movement of a specified aircraft on a specified day; (b) the gate movements of some or all aircraft on a specified day; (c) the whole or a part of a specified day. (4) Subsection (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. Notifying declared exemption (5) The \*Slot Manager must notify the making of a \*declared exemption in accordance with the requirements of the \*Slot Management Scheme. Declared exemption not a legislative instrument (6) A \*declared exemption is not a legislative instrument. #### 50 When declared exemption covers a gate movement A \*declared exemption covers a \*gate movement if: (a) for a gate movement conducted by the \*operator of an aircraft—the declared exemption allows the operator to conduct the movement; or (b) for a gate movement that the operator of an aircraft is permitted to conduct but does not conduct—the declared exemption allows the operator to not conduct the movement; or (c) for a gate movement that is conducted otherwise than in accordance with the requirements of the slot for the movement—the declared exemption allows the movement to not comply with the requirement of the slot. ## Part 5—Compliance and enforcement #### 51 Simplified outline of this Part This Part applies the framework established by the Regulatory Powers Act in relation to certain compliance and enforcement matters. Those matters are the enforcement of civil penalty provisions, as well as the use of infringement notices, enforceable undertakings and injunctions. #### 52 Civil penalty provisions Enforceable civil penalty provisions (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. > Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision. Authorised applicant (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act: (a) the Minister; (b) the Secretary; (c) an SES employee, or an acting SES employee, in the Department. Relevant court (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Extension to external Territories (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory. Liability of Crown (5) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to be subject to civil proceedings for a contravention of a civil penalty provision. #### 53 Infringement notices Provisions subject to an infringement notice (1) Each civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act. > Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Infringement officer (2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the civil penalty provisions of this Act: (a) the Minister; (b) the Secretary; (c) an SES employee, or an acting SES employee, in the Department. Relevant chief executive (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the civil penalty provisions of this Act. Extension to external Territories (4) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory. #### 54 Enforceable undertakings Enforceable provisions (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act. > Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions. Authorised person (2) For the purposes of Part 6 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions of this Act: (a) the Minister; (b) the Secretary; (c) an SES employee, or an acting SES employee, in the Department. Relevant court (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Enforceable undertaking may be published on the Department’s website (4) An authorised person in relation to the provisions of this Act for the purposes of Part 6 of the Regulatory Powers Act may publish an undertaking given in relation to a provision of this Act on the Department’s website. Extension to external Territories (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions of this Act, extends to every external Territory. #### 55 Injunctions Enforceable provisions (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act. > Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions. Authorised person (2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions of this Act: (a) the Minister; (b) the Secretary; (c) an SES employee, or an acting SES employee, in the Department. Relevant court (3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Extension to external Territories (4) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions of this Act, extends to every external Territory. ## Part 6—The Slot Manager #### 60A Simplified outline of this Part There is a Slot Manager for Sydney Airport. A key function of the Slot Manager is administering the Slot Management Scheme. The Minister appoints the Slot Manager. The Slot Manager may charge fees for certain functions it performs. #### 60 The Slot Manager (1) There is to be a Slot Manager for Sydney Airport. (2) The functions of the \*Slot Manager are: (a) administer the \*Slot Management Scheme; and (b) such other functions as are conferred on the Slot Manager by this Act. #### 61 Appointment of Slot Manager (1) The Minister may, in writing, appoint a body corporate (including a company incorporated under the Corporations Act 2001) to be the \*Slot Manager. (2) The appointment is to be for a specified period not exceeding 3 years. (3) The body corporate must be one that the Minister considers has, through its members or employees, a good understanding of aviation generally and of the issues involved in slot allocation processes. #### 62 The legal position of the Slot Manager Appointment as Slot Manager does not confer separate legal personality (1) The appointment of a body corporate to be the \*Slot Manager does not confer on the body corporate a legal personality that is separate from the legal personality it already has as a body corporate. How legal proceedings taken by or against Slot Manager (2) Legal proceedings by or against the \*Slot Manager are to be taken by or against the body corporate that is the Slot Manager in that body corporate’s own name. Application of the finance law (2A) An officer, employee or agent of the \*Slot Manager is not an official for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013). Slot Manager not a Commonwealth authority etc. (3) Subject to subsections (4) and (5), the body corporate that is the \*Slot Manager is not to be taken, merely because it holds that office: (a) to be the Commonwealth or a Commonwealth authority; or (b) to be established for a public purpose or for a purpose of the Commonwealth; or (c) to hold a Commonwealth office or to be a Commonwealth officer; or (d) to be a public authority or an agency or instrumentality of the Crown; (within the ordinary meaning of the expression concerned) for the purposes of a law unless a law, or regulations for the purposes of this section, expressly provide otherwise. (4) For the purposes of sections 134.1, 134.2, 135.1 and 135.2 of the Criminal Code, the \*Slot Manager is to be taken to be a Commonwealth entity. (5) For the purposes of sections 141.1, 142.1, 142.2, 148.1 and 148.2 of the Criminal Code, the following persons are to be taken to be Commonwealth public officials: (a) the \*Slot Manager; and (b) the employees and agents of the Slot Manager; and (c) any person authorised by the Slot Manager, under the \*Slot Management Scheme, to exercise powers or perform functions of the Slot Manager in relation to the allocation or management of slots. Interpretation (6) In this section: > law means: (a) an Act of the Commonwealth or of a State or Territory; or (b) regulations or any other instrument made under such an Act. #### 63 Termination of appointment The Minister may, in writing, terminate the appointment of a body corporate as the \*Slot Manager at any time for any reason. #### 64 Protection of Slot Manager etc. from legal actions (1) No action lies against the \*Slot Manager, or against an employee or agent of the Slot Manager acting in the course of that person’s employment or agency, for or in respect of any loss or damage caused by the Slot Manager, or the employee or agent, doing something that is within the Slot Manager’s functions. (2) Subsection (1) does not cover loss or damage that is wilfully or negligently caused by the \*Slot Manager or by the employee or agent. (3) In this section: (a) a reference to the \*Slot Manager includes a reference to a person who is a member of the body corporate that is the Slot Manager; and (b) a reference to an agent of the Slot Manager acting in the course of that agency includes a reference to a person authorised by the Slot Manager, under the \*Slot Management Scheme, to exercise powers or perform functions of the Slot Manager in relation to the allocation or management of slots who is acting in the course of that authority. #### 65 Change of Slot Manager The regulations may make provision for matters relating to one body corporate ceasing to be the \*Slot Manager and another body corporate becoming the Slot Manager, including: (a) the continued effect of things done by the previous Slot Manager; and (b) the substitution of parties to legal proceedings by or against the previous Slot Manager; and (c) the transfer of rights and liabilities to the new Slot Manager. #### 65A Slot Manager may charge fees (1) The \*Slot Manager may charge a fee in relation to anything done in performing its function of allocating and managing slots under the \*Slot Management Scheme. (2) A fee must not be such as to amount to taxation. ## Part 7—The Compliance Committee #### 66A Simplified outline of this Part This Part establishes the Compliance Committee and sets out its membership and functions. The regulations may make provision for matters relating to the Compliance Committee. #### 66 The Compliance Committee (1) The Compliance Committee is established by this section. Membership (2) The \*Compliance Committee consists of the following members: (a) the Chair; (b) a representative of the airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport or, if there is more than one such company, a representative of the airport‑management company (within the meaning of that Act) for Sydney Airport; (c) a representative of the \*Slot Manager; (d) a representative of \*Airservices Australia; (e) 3 other members. Appointment of members (3) The Chair and the members mentioned in paragraph (2)(e) are to be appointed, in writing, by the Minister. > Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (4) The Chair must be a person who is independent from: (a) an airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport; and (b) the \*Slot Manager; and (c) \*Airservices Australia; and (d) an airline that customarily provides air services (whether or not from Sydney Airport); and (e) any other person prescribed by the regulations for the purposes of this paragraph. (5) A person is not eligible to be a member unless the Minister is satisfied that the person has appropriate qualifications, knowledge, skills or experience. Functions (6) The \*Compliance Committee has the following functions: (a) on its own initiative or at the request of the Minister, to inquire into and report to the Minister about any of the following matters: (i) the allocation or use of slots at Sydney Airport; (ii) \*gate movements at Sydney Airport; (iii) compliance with this Act; (b) to publish information held by the Committee in accordance with the regulations; (c) such other functions as are conferred on the Committee by this Act; (d) to do anything incidental to, or conducive to, the performance of the above functions. Minister’s requests (7) The Minister may, in writing, request the \*Compliance Committee to inquire into and report to the Minister about any matter. (8) If the Minister makes such a request, the Minister may determine the \*Compliance Committee’s terms of reference for conducting the inquiry and reporting to the Minister. (9) The request must comply with the requirements (if any) prescribed by the regulations. (10) A request under subsection (7) is not a legislative instrument. #### 67A Minister may give directions to the Compliance Committee (1) The Minister may, by notifiable instrument, give written directions to the \*Compliance Committee about the performance of its functions. (2) A direction under subsection (1) must be of a general nature only. (3) The \*Compliance Committee must comply with a direction under subsection (1). #### 67 Regulations may provide for matters relating to the Compliance Committee The regulations may make provision for or in relation to the \*Compliance Committee, including for or in relation to the following matters: (a) the operation and procedures of the Committee; (b) the appointment of members, including, but not limited to: (i) how many members may be appointed; and (ii) selection criteria or other requirements for appointment; and (iii) the duration of appointments; and (iv) the terms and conditions of appointments; and (v) the appointment of acting members; and (vi) the termination of appointments; (c) the resignation of members; (d) disclosures of interests by members; (e) leave of absence of members; (f) deputies of members; (g) meetings of the Committee, including, but not limited to: (i) convening of meetings of the Committee; and (ii) the number of members who are to constitute a quorum; and (iii) the selection of a member to preside at meetings of the Committee in the absence of the Chair; and (iv) the manner in which questions arising at a meeting of the Committee are to be decided; (h) requests made by the Minister under subsection 66(7); (i) administrative and other support for the Committee. #### 68 Remuneration (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations. (2) However, a member is not entitled to be paid remuneration if the member is: (a) the representative of an airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport; or (b) the representative of the \*Slot Manager; or (c) the representative of \*Airservices Australia. (3) A member entitled to be paid remuneration is to be paid the allowances that are prescribed by the regulations. (4) This section has effect subject to the Remuneration Tribunal Act 1973. #### 69 Application of the finance law A member is not an official of the Department for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013). #### 69A Protection from civil actions A member is not liable to an action or other proceeding for damages for, or in relation to, an act done or omitted to be done in good faith by the member in the performance or purported performance of any function of the \*Compliance Committee. #### 69B Legal position of the Compliance Committee The \*Compliance Committee, or a member acting as such a member, is not to be taken: (a) to be the Commonwealth or a Commonwealth authority; or (b) to be established for a public purpose or for a purpose of the Commonwealth; or (c) to hold a Commonwealth office or to be a Commonwealth officer; or (d) to be a public authority or an agency or instrumentality of the Crown; (within the ordinary meaning of the expression concerned) for the purposes of a law of the Commonwealth, or of a State or Territory, unless that law, or regulations made for the purposes of this section, expressly provide otherwise. ## Part 7A—Information management #### 70A Simplified outline of this Part This Part contains obligations in relation to following aspects of information management: (a) the Minister’s power to require a person to give information or produce documents; (b) records; (c) publication of information. The Minister may share information or documents with certain entities. There is a prohibition on disclosure of protected information by certain entrusted persons. #### 70B References to Slot Manager A reference in this Part to the \*Slot Manager includes any person authorised by the Slot Manager, under the \*Slot Management Scheme, to exercise powers or perform functions of the Slot Manager in relation to the allocation or management of slots. #### 70C Minister may require information or documents Scope (1) This section applies if the Minister believes, on reasonable grounds, that a person is capable of giving any information, or producing any document, that is 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; or (d) administering or enforcing a civil penalty provision of this Act; or (e) investigating an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act; or (f) performing functions, or exercising powers, under or for the purposes of this Act. Minister may give notice requiring information or document (2) The Minister may, by written notice, require the person to give the information, or produce the document, to any one or more of the following: (a) the Minister; (b) the Secretary; (c) an APS employee in the Department; (d) \*Airservices Australia; (e) the \*Slot Manager; (f) the \*Compliance Committee. (3) The notice must specify the following: (a) how the person is to give the information or produce the document; (b) the period (which must be at least 14 days after the day the notice is given) within which the person is to give the information or produce the document; (c) the effect of subsection (4) and sections 137.1 and 137.2 of the Criminal Code. Civil penalty—notice requiring information or document (4) A person is liable to a civil penalty if the person fails or refuses to comply with a notice under this section. Civil penalty: 60 penalty units. Exception—certain recipients (5) Subsection (4) does not apply to the following: (a) the \*Compliance Committee; (b) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that: (i) has functions involving matters relevant to operations at Sydney Airport; and (ii) is prescribed by the regulations for the purposes of this paragraph. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—person not capable of complying (6) Subsection (4) does not apply to the extent that the person is not capable of complying with the notice. > 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 person is not excused from complying with a notice under this section merely because the information or document specified in the notice is or contains \*commercially sensitive information. Use and disclosure (8) Information or documents obtained under this section may be used for the purposes of administering this Act, including, but not limited to, the following purposes: (a) ensuring compliance with this Act; (b) administering or enforcing a civil penalty provision of this Act; (c) investigating an offence provision of the Crimes Act 1914 or the Criminal Code, to that the extent that it relates to this Act; (d) performing functions, or exercising powers, under or for the purposes of this Act. > Note: If the information or documents are protected information, sections 70G and 70H will apply to their use and disclosure. #### 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. #### 70E Publication of information Scope (1) This section applies to the following persons (each an information holder): (a) the Minister; (b) the Department; (c) \*Airservices Australia; (d) an airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport; (e) the \*Slot Manager; (f) the \*Compliance Committee; (g) a person who holds, or who has held, slots under the \*Slot Management Scheme; (h) any other person prescribed by regulations made for the purposes of this paragraph. Regulations about publication of information (2) The regulations may make provision in relation to publishing information held by, or under the control of, an information holder that is 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) information that must, or must not, be published; (b) how information is to be published; (c) the circumstances in which an information holder is subject to an obligation to publish information. (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—publication obligations (5) A person is liable to a civil penalty if: (a) the person is an information holder mentioned in paragraph (1)(d), (g) or (h); and (b) regulations made for the purposes of subsection (2) impose an obligation on the information holder in relation to publishing information; and (c) the information holder fails or refuses to comply with the obligation. Civil penalty: 60 penalty units. Exception—information holder not capable of complying (6) Subsection (5) does not apply to the extent that the information holder 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) An information holder is not excused from complying with an obligation under this section to publish information merely because the information is or contains \*commercially sensitive information. Protection from civil proceedings (8) An information holder is not liable to an action, suit or other civil proceeding for or in relation to the publication, in good faith, of information in compliance, or purported compliance, with an obligation under this section. #### 70F Sharing of information and documents Scope (1) The section applies in relation to information obtained, or documents received, by the Minister in the course of exercising powers, or performing functions or duties, under or for the purposes of this Act. (2) To avoid doubt, information or documents covered by subsection (1) may include \*commercially sensitive information. Minister may share information or documents (3) The Minister may share the information or documents with a person or body (each a receiving entity) covered by subsection (5) if: (a) sharing the information or documents is for the purposes of: (i) the Minister exercising powers, or performing functions or duties, under or for the purposes of this Act; or (ii) the receiving entity exercising the entity’s powers, or performing the entity’s functions or duties; and (b) the information is relevant to the receiving entity’s functions or duties; and (c) the Minister is satisfied, on reasonable grounds, that the receiving entity has satisfactory arrangements in place for protecting the information or documents; and (d) in a case where the regulations provide that information or documents may be shared with the receiving entity only if specified conditions are met—those conditions are met. (4) Subsection (3) is subject to sections 70G and 70H (which are about the use and disclosure of protected information). Receiving entities (5) For the purposes of subsection (3), the following persons and bodies are covered by this subsection: (a) the \*Slot Manager; (b) the \*Compliance Committee; (c) \*Airservices Australia; (d) a person or body engaged to perform a compliance audit under the \*Slot Management Scheme or in relation to any other obligation under this Act; (e) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that: (i) has functions involving matters relevant to operations at Sydney Airport; and (ii) is prescribed by the regulations for the purposes of this paragraph; (f) any other person or body prescribed by the regulations for the purposes of this paragraph. Minister may impose limits on use or further sharing (6) The Minister may, by notice in writing given to the receiving entity, impose conditions that: (a) limit the use of the information or documents given to the receiving entity; or (b) prohibit the further sharing of the information or documents by the receiving entity. (7) The receiving entity must comply with any such conditions. Minister under no obligation to advise sharing (8) The Minister need not notify any other person of the Minister’s plans to share the information or the documents with a receiving entity, or that the Minister has done so. No commercial use (9) A receiving entity must not use or further disclose the information or documents for a commercial purpose. > Note: Receiving entities are also subject to secrecy obligations: see section 70G. #### 70G Civil penalty—using or disclosing protected information (1) A person contravenes this subsection if: (a) the person is, or has been, an \*entrusted person; and (b) the person obtained or generated \*protected information in the course of, or for the purposes of: (i) performing functions or duties, or exercising powers, under or for the purposes of this Act; or (ii) assisting another person to perform functions or duties, or exercise powers, under or for the purposes of this Act; and (c) the person use or discloses the protected information. Civil penalty: 60 penalty units. Exception—authorised use or disclosure (2) Subsection (1) does not apply if the use or disclosure of the \*protected information is authorised by or under section 70H. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Meaning of entrusted person (3) Each of the following persons is an entrusted person: (a) the Minister; (b) the Secretary; (c) an APS employee in the Department; (d) an APS employee in Airservices Australia; (e) an officer, employee or other person engaged by the \*Slot Manager; (f) the Chair or another member of the \*Compliance Committee; (g) a contractor engaged to provide services to the Department for the purposes of this Act; (h) an officer or employee of such a contractor. Meaning of protected information (4) Protected information is: (a) \*commercially sensitive information; or (b) \*sensitive personal information. Meaning of commercially sensitive information (5) Commercially sensitive information is information the disclosure of which could reasonably be expected to substantially prejudice the commercial interests of a person. Meaning of sensitive personal information (6) Sensitive personal information is: (a) information about an identified individual, or an individual who is reasonably identifiable, that if communicated (whether alone or in conjunction with other information) would, or could reasonably be expected to: (i) endanger the safety of the individual; or (ii) cause harm to the individual’s physical or mental health; or (iii) have a substantial adverse effect on the individual’s lawful business, professional, commercial or financial affairs; or (iv) expose the individual to a substantial risk of being a victim of identity fraud; or (b) information that if communicated (whether alone or in conjunction with other information) would, or could reasonably be expected to disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law. #### 70H Authorisations to use or disclose protected information Use or disclosure in performing functions or exercising powers under this Act (1) An \*entrusted person may use or disclose \*protected information in performing functions or duties, or exercising powers, under or for the purposes of this Act. > Note: A provision of this section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). Disclosure for purposes of proceedings (2) An \*entrusted person may disclose \*protected information to a court or tribunal, or in accordance with an order of a court or tribunal, for the purposes of proceedings. Use or disclosure for purposes of enforcement‑related activity (3) An \*entrusted person may use \*protected information, or disclose protected information to an enforcement body (within the meaning of the Privacy Act 1988), if the person reasonably believes that the use or disclosure is reasonably necessary for, or directly related to, one or more enforcement‑related activities being conducted by, or on behalf of, that enforcement body. (4) An enforcement body to which \*protected information is disclosed under subsection (3) may use or disclose the information for the purposes of one or more enforcement‑related activities being conducted by, or on behalf of, that enforcement body. Use or disclosure required or authorised by another Australian law (5) An \*entrusted person may use or disclose \*protected information if the use or disclosure is required or authorised under a law of: (a) the Commonwealth (other than this Act); or (b) a State or Territory. Disclosure to person to whom information relates (6) An \*entrusted person may disclose \*protected information to the person to whom the information relates. Use or disclosure with consent (7) An \*entrusted person (the first person) may use or disclose \*protected information for a purpose if the person to whom the information relates has expressly consented to the first person using or disclosing the information for that purpose. Disclosure to person who provided information (8) An \*entrusted person may disclose \*protected information to the person who provided the information. Use or disclosure of information that is already public (9) An \*entrusted person may use \*protected information, or disclose protected information to another person, if the information has already been lawfully made available to the public. Disclosure to integrity agency (10) An \*entrusted person may disclose \*protected information to any of the following persons for the purposes of that person exercising the person’s powers, or performing the person’s functions or duties: (a) the Commonwealth Ombudsman, or another officer within the meaning of subsection 35(1) of the Ombudsman Act 1976; (b) the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner, or a consultant engaged under the Australian Information Commissioner Act 2010. Disclosure for purposes of preventing serious threat to safety, health or well‑being (11) An \*entrusted person may disclose \*protected information if the disclosure is necessary to lessen or prevent a serious threat to the safety, health or well‑being of another person. ## Part 8—Miscellaneous #### 70AA Simplified outline of this Part This Part deals with miscellaneous matters such as delegations, the position of the Crown and the power to make regulations. #### 70 Evidentiary certificates (1) A certificate by the body corporate that is, when the certificate is made, the \*Slot Manager and that states: (a) that a specified \*gate movement occurred; and (b) that the movement was a \*no‑slot movement or an \*off‑slot movement; and (c) the circumstances because of which the movement was a no‑slot movement or an off‑slot movement; is, for the purposes of proceedings under this Act, prima facie evidence of the matters stated in it (including at a time after the body corporate has ceased to be the Slot Manager). (2) A certificate must: (a) be in writing; and (b) be either: (i) under the seal of the body corporate; or (ii) signed by a director, or other equivalent officer, of the body corporate on behalf of the body corporate. #### 71 Delegation by the Minister (1) Subject to subsections (2) and (3), the Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to: (a) the Secretary; or (b) an SES employee, or acting SES employee, in the Department. > Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations. (2) The Minister may, in writing, delegate the Minister’s functions or powers under one or more of the following provisions to an APS employee in the Department who holds, or is acting in, an Executive Level 2, or equivalent, position: (a) section 70C (about the Minister’s power to require a person to produce information or documents); (b) section 70E (about obligations to publish certain information); (c) section 70F (about the Minister’s power to share information with certain entities). > Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations. (3) The Minister must not delegate a power to make a legislative instrument. (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister. #### 71A Delegation by the Secretary (1) The Secretary may, in writing, delegate all or any of the Secretary’s functions or powers under this Act to an SES employee, or acting SES employee, in the Department. > Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations. (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary. #### 72 Crown to be bound This Act binds the Crown in each of its capacities. #### 73 Extra‑territorial operation This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country. #### 74 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient for carrying out or giving effect to this Act.