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AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) REGULATIONS 1997

- made under the Airports Act 1996

TABLE OF PROVISIONS

   PART 1--INTRODUCTORY

   1.      Name of Regulations  
   3.      Definitions  
   4.      Airports to which Part 11 of the Act applies  

   PART 1A--CONTROL--OF LIQUOR--AIRPORTS IN NEW SOUTH WALES

           Division 1A.1--Preliminary

   4AA.    Application of Part 1A  
   4AB.    Objects of Part 1A  
   4AC.    Definitions for Part 1A  

           Division 1A.2--Liquor Licences

              Subdivision 1A.2.1--Types of licence

   4AD.    Types of licence  
   4AE.    Passenger terminal licence  
   4AF.    General licence  
   4AG.    Function licence  

              Subdivision 1A.2.2--Licence applications and grants

   4AH.    Applications for licence  
   4AI.    Additional requirement for general licence -- advertisement and display of application  
   4AJ.    Additional information to be given to the Secretary  
   4AK.    Request for information  
   4AL.    Grant or refusal of licence  
   4AM.    Matters to be considered in licensing decision  
   4AN.    General restrictions on the grant of a licence etc  
   4AO.    Consent of airport - lessee company  
   4AP.    Licence conditions  
   4AQ.    Issue of licence document  
   4AR.    Duration of licence  
   4AS.    Variation of a licence on Secretary's initiative  
   4AT.    Variation of a licence on application by a licensee  
   4AU.    Additional requirement for general licence -- advertisement and display of application for variation  
   4AV.    Additional information to be given to the Secretary  
   4AW.    Transfer of licence  
   4AX.    Suspension or cancellation of licence  
   4AY.    Surrender of licence  
   4AZ.    Register of licences  

              Subdivision 1A.2.3--Nominees

   4BA.    Nomination of individual to be nominee  
   4BB.    Request for information about nomination  
   4BC.    Approval of nominee  
   4BD.    Matters to be considered in decision on nominee  
   4BE.    Conditions of approval of nominee  
   4BF.    Responsibility of nominee  
   4BG.    Duration of approval  
   4BH.    Suspension or withdrawal of approval of nominee  
   4BI.    Withdrawal by nominee  
   4BJ.    Change of nominee  
   4BK.    Temporary absence of nominee  

              Subdivision 1A.2.4--Compliance returns

   4BL.    Compliance returns  

           Division 1A.3--Sub-licences

   4BM.    Interpretation for Division 1A.3  
   4BN.    Authority of sub - licence  
   4BO.    Grant etc of sub - licence  
   4BP.    Guidelines for sub - licences  
   4BQ.    Licensee not to charge fees etc  
   4BR.    Suspension or cancellation of sub - licence by Secretary  
   4BS.    Effect of cancellation etc of passenger terminal licence on sub - licences  

           Division 1A.4--Enforcement

              Subdivision 1A.4.1--Offences relating to the supply or consumption of liquor etc

   4BT.    Supply of liquor without a licence etc  
   4BU.    Supply of liquor in contravention of a licence etc  
   4BV.    Supply of liquor to intoxicated persons  
   4BW.    Supply of liquor to minors  
   4BX.    Consumption of liquor by minors  
   4BY.    False representation of age  
   4BZ.    Conduct causing public nuisance  
   4CA.    No activity permitted without nominee  
   4CB.    Display of licences and signs  

              Subdivision 1A.4.2--Authorised officers

   4CC.    Appointment of authorised officers  
   4CD.    Identity cards  
   4CE.    Production of identity card etc  
   4CF.    Entering premises  
   4CG.    Requiring production of licence or approval of nominee etc  
   4CH.    Ascertainment of age  
   4CI.    Requiring suspected minor to leave premises  

              Subdivision 1A.4.3--General matters relating to enforcement

   4CJ.    Suspension or cancellation of licence etc not affected by other provisions  
   4CK.    Acceptable evidence of age  
   4CL.    Entry by licensee on premises of sub - licensee  

           Division 1A.5--Miscellaneous

              Subdivision 1A.5.1--Administrative review

   4CM.    Review by Secretary  
   4CN.    Review by Administrative Appeals Tribunal  

              Subdivision 1A.5.2--General

   4CO.    Electronic applications etc  
   4CP.    Information on directors of a corporation holding a general licence  
   4CQ.    Service of documents by Secretary  

              Subdivision 1A.5.3--Transitional

   4CR.    Definitions for Subdivision 1A.5.3  
   4CS.    References to repealed regulations  
   4CT.     Transitional -- existing liquor licences etc  
   4CU.    Transitional -- licence conditions  
   4CV.    Transitional -- approval of nominees  

   PART 2--CONTROL--OF LIQUOR--AIRPORTS NOT IN NEW SOUTH WALES

           Division 1--Introductory

   5.      Meaning of owner of airport for State or Territory liquor law  

           Division 3--Airports in Victoria

              Subdivision 1--Preliminary

   22.     Definitions for Division  
   23.     Modifications of LCR Act at Part 11 airports in Victoria  

              Subdivision 2--Melbourne Airport

   24.     Definition for Subdivision  
   25.     Transitional -- existing authorities to sell liquor  
   26.     Transitional--authority for trading off - premises  
   27.     How long existing authorisation continues  
   28.     No need to renew existing authorisation  
   29.     Transitional -- dealing with existing authorisation  
   30.     Transitional -- dealing with holder of existing authorisation  
   31.     Transitional -- persons under 18 on premises taken to be licensed  

              Subdivision 3--Essendon Airport and Moorabbin Airport

   32.     Definitions for Subdivision  
   33.     Transitional -- existing authorities to sell liquor  
   34.     How long licence continues  
   35.     No need to renew licence  
   36.     Transitional--treatment of liquor licence  
   37.     Transitional -- treatment of persons taken to hold liquor licence  
   38.     Transitional -- persons taken to hold liquor licence to give copies of plans  

           Division 4--Airports in Queensland

              Subdivision 1--Preliminary

   39.     Definitions for Division  
   40.     Application of Liquor Act at certain airports  

              Subdivision 2--Archerfield Airport, Gold Coast Airport, Mount Isa Airport and Townsville Airport

   46.     Definition for Subdivision  
   47.     Transitional -- existing authorities to sell liquor at Archerfield and Mount Isa Airports  
   48.     Transitional -- authority to sell liquor in the terminal of Gold Coast Airport  
   49.     Transitional -- existing authorities to sell liquor at Gold Coast Airport  
   50.     Transitional -- authority to sell liquor in the terminal of Townsville Airport  
   51.     Transitional -- existing authorities to sell liquor at Townsville Airport  
   52.     Transitional -- when liquor licence etc ceases  
   53.     Transitional -- dealing with liquor licence etc  
   54.     Transitional -- dealing with person taken to hold liquor licence etc  
   55.     Transitional -- person taken to hold liquor licence etc to give copies of plans  

           Division 5--Adelaide Airport and Parafield Airport

   56.     Definitions for Division  
   57.     Application of Liquor Licensing Act  
   58.     Transitional -- existing authorities to sell liquor  
   59.     Transitional -- when liquor licence etc ceases  
   60.     Transitional -- dealing with liquor licence etc  
   61.     Transitional -- dealing with person taken to hold liquor licence etc  
   62.     Transitional -- person taken to hold liquor licence to give copies of plans  

           Division 6--Airports in Western Australia

              Subdivision 1--Preliminary

   63.     Definitions for Division  
   64.     Application of LC Act at Perth Airport  

              Subdivision 2--Perth Airport

   65.     Definition for Subdivision  
   66.     Transitional -- existing authorities to sell liquor  
   67.     Transitional -- dealings with existing authorisation  
   68.     Transitional -- dealing with holder of existing authorisation  
   69.     Transitional -- holders of existing authorisations to give copies of plans  

              Subdivision 3--Jandakot Airport

   70.     Definition for Subdivision  
   71.     Transitional -- existing authorities to sell liquor  
   72.     Transitional -- when liquor licence ceases  
   73.     Transitional -- dealing with liquor licence  
   74.     Transitional -- dealing with person taken to hold liquor licence  
   75.     Transitional -- person taken to hold liquor licence to give copies of plans  

           Division 7--Hobart International Airportand Launceston Airport

   76.     Definitions for Division  
   77.     Application of Liquor Act  
   78.     Transitional -- existing authorities to sell liquor  
   79.     Transitional -- when liquor licence etc ceases  
   80.     Transitional -- dealing with liquor licence  
   81.     Transitional -- dealing with person taken to hold liquor licence  
   82.     Transitional -- person taken to hold liquor licence to give copies of plans  

           Division 8--Canberra Airport

   83.     Definitions for Division  
   84.     Application of Liquor Act and Liquor Regulation  
   85.     Transitional -- existing authorities to sell liquor  
   86.     Transitional -- when liquor licence ceases  
   87.     Transitional -- dealing with liquor licence  
   88.     Transitional -- dealing with person taken to hold liquor licence  
   89.     Transitional -- person taken to hold liquor licence to give copies of plans  

           Division 9--Darwin International Airportand Alice Springs Airport

   90.     Definitions for Division  
   91.     Application of Liquor Act  
   92.     Transitional -- existing authorities to sell liquor  
   93.     When liquor licence etc ceases  
   94.     Transitional -- dealing with liquor licence  
   95.     Transitional -- dealing with person taken to hold liquor licence  
   96.     Transitional -- person taken to hold liquor licence to give copies of plans  

   PART 3--COMMERCIAL--TRADING

   97.     Definitions for Part 3  
   98.     Transitional -- authorisations to carry on consumer trading  
   99.     Consumer trading -- Sydney (Kingsford - Smith) Airport  
   100.    Consumer trading -- other Part 11 airports in New South Wales  
   101.    Consumer trading--Melbourne Airport  
   102.    Consumer trading -- airports in Queensland  
   103.    Consumer trading -- airports in South Australia  
   104.    Consumer trading -- Perth Airport  

   PART 4--VEHICLES

           Division 1--Introductory

   105.    Definitions for Part 4  

           Division 2--Landside vehicle parking

   106.    Definitions for Division 2  
   106A.   Application of this Division  
   106B.   Operation of State laws  
   106BA.  Parking signage plan and standard operating procedures  
   106BB.  Variation of parking signage plan  
   106C.   Installation of traffic control devices  
   106D.   Permits to stop a vehicle in a permit zone  
   106E.   Application of Australian Road Rules  
   107.    Offences against Australian Road Rules  
   108.    Taxi drivers must not leave taxis unattended in certain areas  
   109.    Drivers of taxis, hire cars and public buses to show authority cards  
   110.    Authorised person may direct that a vehicle be moved  
   111.    Authorised person may move vehicle  
   112.    Owner of vehicle must pay costs of storage etc  
   113.    Airport operator may sell vehicle  
   114.    Authorised persons  

           Division 3--Airside vehicle parking

   115.    Definitions for Division 3  
   116.    No - parking areas  
   117.    No - standing areas  
   118.    Offence -- parking in a designated no - parking area  
   119.    Offence -- stopping in a designated no - standing area  
   120.    Authorised person may direct that a vehicle may be moved  
   121.    Authorised persons  

           Division 4--Airside vehicle operation

   122.    Definitions for Division 4  
   123.    Vehicles not to be taken onto or operated airside  
   124.    Who can issue ADA or AUA  
   125.    Authority to Drive Airside  
   126.    Transitional -- previously issued authorities  
   127.    Authority for Use Airside  
   128.    Transitional -- previously issued authorities  
   129.    Driver of vehicle must show authority etc  
   130.    Vehicles to be kept clear of aircraft  
   131.    Vehicle being driven dangerously etc may be removed  
   132.    Authorised person  
   133.    Withdrawal of Authority to Drive Airside  
   134.    Withdrawal of Authority for Use Airside  
   135.    Review of decisions  

   PART 5--GAMBLING

           Division 1--Preliminary

   136.    Definitions for Part 5  

           Division 2--Gambling at regulated airports generally

   137.    Prohibition of gambling at regulated airports  
   138.    Application of certain State and Territory laws at regulated airports  

           Division 3--Transitional arrangements

   138A.   Transitional -- gambling at Part 11 airports in New South Wales  
   139.    Transitional -- gambling at certain other Part 11 airports  

           Division 4--Permissions to carry on gambling activities

   139A.   Secretary may give certain permissions  
   139B.   Application for permission  
   139C.   Time for the Secretary's decision  
   139D.   Terms and conditions of gambling permission  
   139E.   Notice of permission  
   139F.   What permissions authorise  
   139G.   Review of decisions  

           Division 5--Cancellation and suspension of authorities and permissions

   139H.   Suspension and cancellation -- show cause notice  
   139I.   Cancellation of authority or permission  
   139J.   Cancellation at request of holder  
   139K.   Review of decisions  

   PART 6--SMOKING

   140.    Definitions for Part 6  
   141.    No - smoking areas  
   142.    Smoking prohibited  
   143.    Authorised persons  

   PART 7--INFRINGEMENT--NOTICES

   144.    Definitions for Part 7  
   145.    When an infringement notice can be issued  
   146.    Service of infringement notices  
   147.    Notice penalty  
   148.    Allowed period  
   149.    What must be included in an infringement notice  
   150.    Whether infringement notice can be withdrawn  
   151.    What happens if the notice penalty is paid  
   152.    Evidentiary matters  
   153.    Whether more than 1 infringement notice can be issued for the same offence  
   154.    What if payment is made by cheque  
   154A.   Prosecution  
   155.    This Part does not prevent a matter being prosecuted in a court nor require that an infringement notice must be issued in all cases  
   155A.   Liability of owner of vehicle etc for offences  
   155B.   Copy of statutory declaration to be served with summons  

   PART 8--MISCELLANEOUS

   156.    Delegation by Secretary  
           SCHEDULE 1 Modifications of State and Territory liquor legislation
           SCHEDULE 2 Penalties for contravention of applied Australian Road Rules


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