Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 134, 1995
Compilation No. 9
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Sydney Airport Curfew Act 1995 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3A Application of the Criminal Code
4 Explanation of runway names
5 Time is legal time in New South Wales
Part 2--The curfew and related restrictions
Division 1--The curfew
6 Curfew periods
7 Prohibition on taking off or landing during curfew periods
8 Use of reverse thrust during curfew periods
9 Missed approaches during curfew periods
Division 2--Related restrictions
10 Runways to be used for take-offs between 10.45 pm and 11 pm
11 Runways to be used for take-offs and landings on weekends between 6 am and 7 am and 10 pm and 11 pm
Part 3--Permitted aircraft movements
Division 1--Movements permitted during curfew periods
12 International passenger aircraft movements during curfew shoulder periods
13 BAe-146 and DC9 aircraft used for freight
14 Propeller-driven aircraft under 34,000 kilograms that comply with noise standards
15 Jet aircraft under 34,000 kilograms that comply with noise standards and that are specified by the Minister
16 Take-off from runway 16R when taxi clearance received before start of curfew period
17 Sections 13, 14 and 15 do not apply after airport at Badgerys Creek is available for night use
Division 2--Emergencies and dispensations
18 Aircraft may take off or land in emergencies or if Minister grants dispensation
19 Emergencies
20 Dispensations in exceptional circumstances
Part 4--Provision of information
21 Authorised person may require the provision of information
22 Provision of false information
Part 5--Consultation before Act is amended
23 Minister to consult
Part 6--Miscellaneous
24 Delegation
25 Conduct by directors, employees and agents
26 Regulations
Schedule--Consultation procedures
1 Schedule sets out consultation procedures
2 Minister may determine that a body or organisation represents those likely to be affected
3 Minister must prepare a written proposal
4 Public to be invited to make submissions
5 Body or organisations specified under clause 2 to be consulted
6 Minister to consider submissions
7 Failure to comply does not invalidate
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
134, 1995 | 22 Nov 1995 | 24 Dec 1995 (s 2) |
| |
48, 2000 | 3 May 2000 | Sch 2: 31 May 2000 (s 2(2)) | -- | |
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 | 143, 2001 | 1 Oct 2001 | Sch 3 (items 164-173): 2 Oct 2001 (s 2) | |
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 | 140, 2003 | 17 Dec 2003 | s 4, 5 and Sch 1 (items 34, 35): 1 Jan 2005 (s 2(1) items 2, 3) | |
109, 2006 | 27 Sept 2006 | Sch 2 (items 74-82): 27 Sept 2006 (s 2(1) item 5) | -- | |
Statute Law Revision Act (No. 1) 2015 | 5, 2015 | 25 Feb 2015 | Sch 3 (items 187-191): 25 Mar 2015 (s 2(1) item 10) | --
|
National Emergency Declaration (Consequential Amendments) Act 2020 | 129, 2020 | 15 Dec 2020 | Sch 1 (item 54): 16 Dec 2020 (s 2(1) item 2) | -- |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 4 (items 65-75): 18 Oct 2023 (s 2(1) item 3) | Sch 4 (item 75) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 14 (item 22): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No. 143, 2001; No 74, 2023 |
s 3A.................... | ad No. 143, 2001 |
Part 2 |
|
Division 1 |
|
s 7..................... | am No 48, 2000; No 143, 2001 |
s 8..................... | am No 143, 2001 |
s 9..................... | am No 143, 2001 |
Division 2 |
|
s 10.................... | am No 48, 2000; No 143, 2001 |
| rep No 143, 2001 |
s 11.................... | am No 143, 2001 |
Part 3 |
|
Division 1 |
|
s 12.................... | am No 74, 2023; No 38, 2024 |
s 15.................... | am No 140, 2003; No 109, 2006; No 74, 2023 |
Division 2 |
|
s 18.................... | am No 129, 2020 |
s 20.................... | am No 140, 2003; No 109, 2006 |
Part 4 |
|
s 21.................... | am No 143, 2001 |
s 22.................... | am No 143, 2001 |
Part 6 |
|
s 25.................... | am No 143, 2001; No 5, 2015 |
Schedule |
|
Schedule................. | am No 140, 2003; No 109, 2006 |