Commonwealth Consolidated Acts

SYDNEY AIRPORT DEMAND MANAGEMENT ACT 1997

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Identifying defined terms  
   4.      Overview  
   5A.     Part IIIA of the Competition and Consumer Act 2010 to be subject to this Act  

   PART 2--THE--MAXIMUM AIRCRAFT MOVEMENT LIMIT AT SYDNEY AIRPORT

   6.      Maximum movement limit  
   7.      Minister's power to determine a lower maximum movement limit  
   8.      Consultation about determination of lower maximum movement limit  
   9.      Airservices Australia to monitor compliance with maximum movement limit and to report to Minister  

   PART 3--PENALTIES--FOR UNAUTHORISED GATE MOVEMENTS

           Division 1--Situations in which penalties apply

   10.     Gate movements to which this Part applies  
   11.     Meaning of no - slot movement and off - slot movement  
   12.     Prohibition on no - slot movements  
   13.     Prohibition on off - slot movements  

           Division 2--Civil penalties

   14.     Pecuniary penalties for contravention of civil penalty provisions  
   15.     Procedural matters  
   16.     No criminal proceedings for contravention of civil penalty provision  

           Division 3--Infringement notices (alternative to proceedings for civil penalty)

   17.     Interpretation  
   18.     Purpose and effect of this Division  
   19.     Issue of infringement notices  
   20.     Infringement notice penalty  
   21.     Infringement notice penalty is payable to the Slot Manager on behalf of Commonwealth  
   22.     Time for payment  
   23.     Contents of infringement notice  
   24.     Person issued with infringement notice may initiate proceedings in the Federal Court for a determination of whether there has been a contravention  
   25.     Withdrawal of infringement notice  
   26.     Effect of payment of infringement notice penalty  

           Division 4--Obligations in relation to money received under this Part

   27.     Civil penalties and infringement notice penalties to be paid to the Commonwealth  
   28.     Slot Manager to apply money for purposes of functions under this Act  

           Division 5--Exemptions

   29.     Aircraft may make gate movements in emergencies or if Slot Manager grants dispensation  
   30.     Emergencies  
   31.     Dispensations in exceptional circumstances  
   32.     State aircraft  

   PART 4--THE--SLOT MANAGEMENT SCHEME

           Division 1--Framework within which Scheme to be developed and to operate

   33.     The Scheme and its basic purpose  
   34.     The concept of a slot  
   35.     Contents of Scheme  
   36.     Minister's power to determine additional requirements  
   37.     Consequence of Scheme not being consistent with section 35  

           Division 2--Development and amendment of Scheme

              Subdivision A--Development

   38.     Slot Manager to develop slot management scheme and submit it for approval  
   39.     Minister's power to request or make amendments  
   40.     Approval of scheme  
   41.     When Slot Management Scheme comes into force  

              Subdivision B--Amendment

   42.     Slot Manager may develop amendments of Slot Management Scheme and submit them for approval  
   43.     Minister's power to request or develop amendments  
   44.     Approval of amendments  
   45.     When an amendment comes into force  

           Division 3--Powers of Minister and Compliance Committee in relation to slot allocation

   46.     Minister's powers  
   47.     Compliance Committee's powers  

   PART 5--THE--COMPLIANCE SCHEME

           Division 1--Framework within which Scheme to be developed and to operate

   48.     The Scheme and its basic purpose  
   49.     Contents of Scheme  
   50.     Minister's power to determine additional requirements  
   51.     Consequence of Scheme not being consistent with section 49  

           Division 2--Development and amendment of Scheme

              Subdivision A--Development

   52.     Compliance Committee to develop compliance scheme and submit it for approval  
   53.     Minister's power to request or make amendments  
   54.     Approval of scheme  
   55.     When Compliance Scheme comes into force  

              Subdivision B--Amendment

   56.     Compliance Committee may develop amendments of Compliance Scheme and submit them for approval  
   57.     Minister's power to request or develop amendments  
   58.     Approval of amendments  
   59.     When an amendment comes into force  

           Division 3--Modification of Scheme in exceptional circumstances

   59A.    Minister's power to determine modifications  

   PART 6--THE--SLOT MANAGER

   60.     The Slot Manager  
   61.     Appointment of Slot Manager  
   62.     The legal position of the Slot Manager  
   63.     Termination of appointment  
   64.     Protection of Slot Manager etc. from legal actions  
   65.     Change of Slot Manager  

   PART 7--THE--COMPLIANCE COMMITTEE

   66.     The Compliance Committee  
   67.     Regulations may deal with appointment and other matters  
   68.     The legal position of the Compliance Committee  
   69.     Protection of Compliance Committee from legal actions  

   PART 8--MISCELLANEOUS

   70.     Evidentiary certificates  
   71.     Delegation  
   72.     Crown to be bound  
   73.     Extra - territorial operation  
   74.     Regulations  
           SCHEDULE 1 Definitions