Sydney Airport Demand Management Act 1997 No. 173, 1997 Compilation No. 12 Compilation date: 5 March 2016 Includes amendments up to: Act No. 126, 2015 Registered: 12 May 2016 About this compilation This compilation This is a compilation of the Sydney Airport Demand Management Act 1997 that shows the text of the law as amended and in force on 5 March 2016 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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 Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 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 1 Definitions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 1—Legislation history Endnote 2—Amendment history An Act to limit 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: Terms that are not identified with an asterisk Item This term Is defined in 1 aircraft Schedule 1 2 slot Schedule 1 3 Sydney Airport Schedule 1 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. (3) Part 3 prohibits, and sets out penalties for, unauthorised *gate movements. These are movements that are not authorised by a slot allocated under the *Slot Management Scheme and are not otherwise exempt. (4) Part 4 deals with the contents, development and amendment of the *Slot Management Scheme. It also deals with the powers of the Minister and the *Compliance Committee to give directions or make recommendations in relation to slot allocations. (5) Part 5 deals with the contents, development and amendment of the *Compliance Scheme. It also deals with the power of the Minister to determine modifications of the Scheme in exceptional circumstances. (6) Parts 6 and 7 deal, respectively, with the appointment etc. of the *Slot Manager and the *Compliance Committee. (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 6 Maximum movement limit (1) There are to be no more than 80 *aircraft movements at Sydney Airport in any regulated hour. This limit is known as the maximum movement limit. Note: The Minister may determine a lower limit—see section 7. (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 *curfew period. Note: *Aircraft movements during *curfew periods are regulated under the Sydney Airport Curfew Act 1995. (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 subsection 35(2) (which requires the *Slot Management Scheme to be consistent with the limit) 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 subsection 6(1) 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, subsection 6(1) 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 cause to be published in the Gazette 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 operator of 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 apply to a determination that the Minister proposes to make if the consultation requirements in section 17 (consultation) of the Legislation Act 2003 apply to the making of the determination. 9 Airservices Australia to monitor compliance with maximum movement limit and to report to Minister Airservices Australia's monitoring role (1) *Airservices Australia is to monitor compliance with the *maximum movement limit, and (subject to subsection (5)) is to give the Minister a written report, within 28 days of the end of each quarter, on the extent of infringements (if any) of the limit in the quarter. (2) A quarter is a period of 3 months starting on any of the following dates in a year: (a) 1 January; (b) 1 April; (c) 1 July; (d) 1 October. (3) The Minister must cause a copy of each report under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. (4) *Airservices Australia's obligations under this section are limited to monitoring compliance with the *maximum movement limit and reporting to the Minister on the extent of infringements. This monitoring and reporting role does not authorise or require Airservices Australia to take any action to enforce compliance with the limit. What happens if this section commences during a quarter (5) If this section commences during a quarter (but not on the first day of the quarter): (a) no report is to be made at the end of the quarter; but (b) the report made at the end of the next quarter is also to include the information about infringements that occurred in the previous quarter. What happens if Airservices Australia ceases to provide air traffic services at Sydney Airport (6) If *Airservices Australia ceases to provide air traffic services at Sydney Airport, this section ceases to apply to Airservices Australia. (7) The Minister may enter into an arrangement with another person who does, or is to, provide air traffic services at Sydney Airport under which the person will perform a monitoring role similar to the role that *Airservices Australia performed under this section. Reports received by the Minister under the arrangement are to be tabled in accordance with the requirements of subsection (3). Part 3—Penalties for unauthorised gate movements Division 1—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 35(1B)). 11 Meaning of no‑slot movement and off‑slot movement Meaning of no‑slot movement (1) A *gate movement is a no‑slot movement if no slot permitting the movement on the day on which it occurs has been allocated under the *Slot Management Scheme. Meaning of off‑slot movement (2) A *gate movement is an off‑slot movement (subject to subsection (6)) if: (a) a slot permitting the movement on the day on which it occurs has been allocated under the *Slot Management Scheme; and (b) the circumstances are such that, according to the provisions of the *Compliance Scheme referred to in subsection 49(1), the movement is an off‑slot movement. Clarification of definitions (3) If a slot permitting a *gate movement at a specified time on a specified day has been allocated under the *Slot Management Scheme, but the movement occurs at another time on that day: (a) the movement is not a no‑slot movement; but (b) depending on the circumstances, the movement may be an off‑slot movement. Slot Manager's power to declare that gate movements do not have to be in accordance with allocated slots (4) The *Slot Manager may, in writing, declare, in relation to the whole or a part of a day, that *gate movements that occur during the period to which the declaration relates are not required to take place in accordance with their allocated slots. (5) In making a declaration, the *Slot Manager must have regard to the provisions of the *Slot Management Scheme referred to in subsection 35(4). (6) During the period to which a declaration relates, a *gate movement that would otherwise be an off‑slot movement is taken not to be an off‑slot movement. Note: The declaration has no effect on the question whether a *gate movement is a no‑slot movement. 12 Prohibition on no‑slot movements The *operator of an aircraft must not, knowingly or recklessly, allow the aircraft to engage in a *gate movement to which this Part applies that is a no‑slot movement. Note: This is a civil penalty provision—see Divisions 2 and 3 for the consequences of a contravention. 13 Prohibition on off‑slot movements The *operator of an aircraft must not, knowingly or recklessly, allow the aircraft to engage in a *gate movement to which this Part applies that is an off‑slot movement. Note: This is a civil penalty provision—see Divisions 2 and 3 for the consequences of a contravention. Division 2—Civil penalties 14 Pecuniary penalties for contravention of civil penalty provisions (1) If the *Federal Court is satisfied, on the balance of probabilities, that a person (the operator) has contravened a *civil penalty provision, the Court may order the operator to pay to the *Slot Manager, on behalf of the Commonwealth, such pecuniary penalty in respect of the contravention as the Court determines to be appropriate. (2) In determining the pecuniary penalty, the Court must have regard to the following matters: (a) the nature and extent of the contravention; and (b) the nature and extent of any loss or damage suffered as a result of the contravention; and (c) the circumstances in which the contravention took place; and (d) whether the operator has previously been found by the Court in proceedings under this Act to have engaged in similar conduct. The Court may also have regard to any other matters it considers relevant. (3) The pecuniary penalty payable under subsection (1) is not to exceed: (a) for a contravention of section 12: (i) if the contravention is by a body corporate—2,000 penalty units; and (ii) if the contravention is by an individual—400 penalty units; and (b) for a contravention of section 13: (i) if the contravention is by a body corporate—1,000 penalty units; and (ii) if the contravention is by an individual—200 penalty units. Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit. (4) The *Federal Court may make such declarations or orders as it considers appropriate in relation to, or as a result of, the proceedings, including (but not limited to): (a) a declaration that the operator did not contravene a *civil penalty provision; and (b) a declaration that an *infringment notice that was issued to the operator should not have been issued to the operator, and is not to be counted as an infringement notice for any purpose; and (c) an order as to costs. 15 Procedural matters (1) The *Slot Manager may, by application, institute proceedings in the *Federal Court for the payment of a pecuniary penalty referred to in section 14. Note: An application by the operator under subsection 24(1) has effect as if it were an application by the *Slot Manager under this subsection. (2) The proceedings must be commenced within 6 years after the contravention. (3) In hearing and determining the proceedings, the *Federal Court is to apply the rules of evidence and procedure that it applies in hearing and determining civil matters. 16 No criminal proceedings for contravention of civil penalty provision Criminal proceedings do not lie against a person only because the person has contravened a *civil penalty provision. Division 3—Infringement notices (alternative to proceedings for civil penalty) 17 Interpretation In this Division: civil contravention means a contravention of a *civil penalty provision. civil prosecution means proceedings under Division 2 for the payment of a pecuniary penalty in respect of a civil contravention. 18 Purpose and effect of this Division (1) The purpose of this Division is to create a system of infringement notices for civil contraventions as an alternative to civil prosecutions. (2) This Division does not: (a) require an infringement notice to be issued to a person for a civil contravention; or (b) affect the liability of a person to civil prosecution in respect of a civil contravention if an infringement notice is not issued to the person for the contravention; or (c) prevent the issue of 2 or more infringement notices to a person for a civil contravention; or (d) affect the liability of a person to civil prosecution for a civil contravention if the person does not comply with an infringement notice issued for the contravention; or (e) limit or otherwise affect the pecuniary penalty that may be imposed by a court on a person as a result of a civil prosecution. 19 Issue of infringement notices (1) If the *Compliance Committee: (a) reasonably believes that a person has committed a civil contravention; and (b) considers, having regard to the provisions of the *Compliance Scheme referred to in paragraph 49(2)(a), that it is appropriate to issue an infringement notice; the Compliance Committee may direct the *Slot Manager to issue an infringement notice to the person for the contravention. (2) The *Slot Manager must issue an infringement notice in accordance with the direction. Note: The person may apply to the *Federal Court for a determination of the question whether there has been a civil contravention—see section 24. 20 Infringement notice penalty (1) The penalty payable under an *infringement notice for a civil contravention is the fine specified in the notice. (2) The fine specified is to be at the rate that, under the provisions of the *Compliance Scheme referred to in subsection 49(3), is the appropriate rate of fine for the contravention. (3) The *Compliance Scheme may specify different rates of fine to be payable according to the number of civil contraventions a person has committed, or has committed in a specified period, and according to whether a person is a body corporate or an individual. These are the only grounds on which the Compliance Scheme may specify different rates of fine as being appropriate. (4) A rate of fine specified in the *Compliance Scheme as being appropriate for a civil contravention by a person must not be more than one‑fifth of the maximum pecuniary penalty that the *Federal Court could order the person to pay under Division 2 in respect of that contravention (see subsection 14(3)). 21 Infringement notice penalty is payable to the Slot Manager on behalf of Commonwealth The penalty payable under an *infringement notice is payable to the *Slot Manager, on behalf of the Commonwealth. 22 Time for payment (1) The time within which the penalty payable under an *infringement notice must be paid is 28 days after the day on which the notice is issued. (2) The *Slot Manager may extend the time within which the penalty must be paid. The following provisions apply to extensions of time: (a) an extension must not be for longer than 28 days; (b) only one extension may be given; (c) an extension may be given before or after the end of the initial time for payment of the penalty. 23 Contents of infringement notice (1) An *infringement notice issued for a civil contravention must: (a) be identified by a unique number; and (b) state its date of issue; and (c) give brief details of the civil contravention, including: (i) the date and approximate time of the contravention; and (ii) where the contravention happened; and (iii) the *civil penalty provision that was contravened; and (d) state the name of the person to whom it is issued (being the *operator of the aircraft involved in the civil contravention); and (e) state the registration number of the aircraft involved in the civil contravention; and (f) state the penalty payable under the notice for the civil contravention; and (g) contain the additional information required by subsection (2). (2) The *infringement notice must tell the person to whom it is issued that: (a) the person may pay the penalty stated in the notice: (i) by posting or delivering the payment to the place of payment stated in the notice; or (ii) in any other way stated in the notice; and (b) if the person pays the penalty within 28 days after the day on which the notice is issued, or any longer time allowed in writing by the *Slot Manager, the person will not be liable to a civil prosecution in court for the civil contravention, unless the notice is withdrawn; and (c) if a civil prosecution is brought against the person for the civil contravention, the person may be ordered to pay a civil penalty up to the appropriate limit specified in subsection 14(3) and may be ordered to pay the costs of the civil prosecution proceedings; and (d) the person may, under section 24, apply to the *Federal Court for a determination of the question whether the person committed the civil contravention. (3) The *infringement notice may also contain any other information that the *Slot Manager considers is appropriate. 24 Person issued with infringement notice may initiate proceedings in the Federal Court for a determination of whether there has been a contravention (1) A person (the operator) who has been issued with an *infringement notice may apply to the *Federal Court for a determination of the question whether the person committed the civil contravention identified in the infringement notice. (2) If the operator makes an application under subsection (1): (a) the application has effect as if it were instead an application made by the *Slot Manager, in accordance with section 15, for the payment of a pecuniary penalty referred to in section 14 in respect of the contravention; and (b) for the purposes of the resulting proceedings in the *Federal Court under section 14, the Slot Manager is the applicant and the operator is the respondent. 25 Withdrawal of infringement notice (1) The *Compliance Committee may direct the *Slot Manager to withdraw an *infringement notice that has been issued to a person if the Compliance Committee considers, having regard to the provisions of the *Compliance Scheme referred to in paragraph 49(2)(b), that it is appropriate to withdraw the infringement notice. (2) The *Slot Manager must withdraw the notice in accordance with the direction. (3) If the person has already paid the penalty stated in the notice, the *Slot Manager must refund it. (4) Notice of the withdrawal of the *infringement notice must be given to the person. The notice must: (a) include the following information: (i) the person's name and address; (ii) the number of the infringement notice; (iii) the date of issue of the infringement notice; and (b) state that the infringement notice is withdrawn; and (c) if the *Slot Manager intends to bring a civil prosecution against the person for the civil contravention—state that a civil prosecution may be brought against the person in a court for the civil contravention. 26 Effect of payment of infringement notice penalty (1) If the person to whom an *infringement notice is issued for a civil contravention pays the penalty specified in the notice to the *Slot Manager: (a) any liability of the person for the civil contravention is discharged; and (b) a civil prosecution may not be brought against the person for the civil contravention. (2) Subsection (1) does not apply if the *infringement notice has been withdrawn and the penalty paid has been refunded. Division 4—Obligations in relation to money received under this Part 27 Civil penalties and infringement notice penalties to be paid to the Commonwealth (1) Amounts received by the *Slot Manager by way of: (a) civil penalties under Division 2; and (b) *infringement notice penalties under Division 3; must be paid to the Commonwealth. (2) If an amount is paid to the Commonwealth as a civil penalty (Division 2) or an infringement notice penalty (Division 3) the Commonwealth must pay to the Slot Manager an amount equal to that amount. (3) A payment of an amount to the Slot Manager under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Slot Manager must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund. (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2). (5) An amount payable by the Slot Manager under subsection (1) may be set off against an amount payable to the Slot Manager under subsection (2). 28 Slot Manager to apply money for purposes of functions under this Act (1) The *Slot Manager is to apply the money paid to it under section 27 for the purposes of, or for purposes related to, the performance of the functions of the Slot Manager under this Act. (2) If the *Slot Manager applies money to which subsection (1) applies otherwise than as required by that subsection, the amount so applied is a debt due by the Slot Manager to the Commonwealth, and is recoverable by action in a court of competent jurisdiction. (3) The *Slot Manager must, within 6 months of the end of each financial year, prepare accounts showing how it has applied money referred to in subsection (1) that was paid to the Slot Manager during the year. (4) The regulations may: (a) impose requirements relating to how the accounts referred to in subsection (3) are to be prepared; and (b) impose requirements for the audit of those accounts; and (c) deal with how this section applies to money referred to in subsection (1) if the *Slot Manager also receives other money; and (d) deal with the obligations of a body corporate that has ceased to be the Slot Manager in relation to money referred to in subsection (1) that it received while it was the Slot Manager. Division 5—Exemptions 29 Aircraft may make gate movements in emergencies or if Slot Manager grants dispensation 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 dispensation granted by the Slot Manager under section 31 authorises the gate movement, and the gate movement is in accordance with any conditions of the dispensation; 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. 31 Dispensations in exceptional circumstances (1) The *Slot Manager may grant a dispensation authorising an aircraft to make a *gate movement at Sydney Airport in circumstances that would otherwise result in the *operator contravening a *civil penalty provision if the Slot Manager is satisfied that there are exceptional circumstances. (2) A dispensation may be granted subject to conditions including, for example, conditions relating to when the *gate movement must occur. (3) In granting a dispensation, the *Slot Manager must have regard to the provisions of the *Slot Management Scheme referred to in subsection 35(5). (4) A dispensation need not be in writing, but the Slot Manager must make a written record of each dispensation and the reasons for granting it. 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 his or her duties as such a member; 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—Framework within which Scheme to be developed and to operate 33 The Scheme and its basic purpose (1) There is to be a scheme, known as the Slot Management Scheme, for Sydney Airport. (2) The basic purpose of the Scheme is to provide a system for the allocation of permissions for *gate movements at Sydney Airport. The system must be consistent with the *maximum movement limit for *aircraft movements. 34 The concept of a slot (1) A permission for a *gate movement is known as a slot. A slot allocated under the Slot Management Scheme will permit a specified gate movement at a specified time on a specified day. (2) A slot allocated under the Scheme is not transferable (except in accordance with provisions in the Scheme about swapping slots) and does not create rights or obligations that are enforceable against any person. (3) Other laws may impose requirements or restrictions on or in relation to *aircraft movements or *gate movements. The allocation of a slot for a gate movement under the Scheme in no way affects the application of such other requirements or restrictions to, or in relation to, the gate movement and any *associated aircraft movement. 35 Contents of Scheme (1) The Slot Management Scheme must provide a system for the allocation of slots for *gate movements at Sydney Airport. In addition to allocation, the Scheme may deal with associated matters such as the variation, suspension, cancellation, surrender or swapping of allocated slots, and the conditions that may be imposed on slots. (1A) The Scheme may deal with the allocation of slots for specified categories of *gate movements. (1B) The Scheme must not allow slots to be allocated for times during *curfew periods. (2) The Scheme must be consistent with the *maximum movement limit for *aircraft movements. (3) The Scheme may provide for the authorisation of other persons to exercise powers of the *Slot Manager relating to the allocation of slots, or to slots that have been allocated. (4) The Scheme must set out guidelines relating to the exercise of the *Slot Manager's power under subsection 11(4) to make declarations that *gate movements are not required to take place in accordance with their allocated slots. (5) The Scheme must set out guidelines relating to the exercise of the *Slot Manager's power under section 31 to grant dispensations including, in particular: (a) what constitutes exceptional circumstances for the purposes of that section; and (b) the conditions to which dispensations should be subject. (6) The Scheme may contain a mechanism for the reconsideration of decisions made under the Scheme, or of decisions made by the *Slot Manager for the purposes of this Act. (7) The Scheme may contain other provisions relating to the performance of the *Slot Manager's functions. (8) The Scheme must be consistent with the additional requirements (if any) specified in the regulations. Any such requirements must be consistent with the *maximum movement limit for *aircraft movements. (9) The Scheme must be consistent with the additional requirements (if any) specified in determinations in force under section 36. (10) The Scheme must be consistent with any requirements of the Sydney Airport Curfew Act 1995 that relate to *aircraft movements before or after *curfew periods. 36 Minister's power to determine additional requirements (1) The Minister may, by legislative instrument, determine additional requirements with which the Slot Management Scheme must be consistent. Any such requirements must be consistent with the *maximum movement limit for *aircraft movements. (2) Before making a determination under subsection (1), the Minister must consult the *Slot Manager about the proposed determination. This requirement does not apply to the Minister making a determination before the Slot Manager has been appointed. 37 Consequence of Scheme not being consistent with section 35 Inconsistency with section 35 does not affect the validity of the Slot Management Scheme. However, if the Minister becomes aware that the Scheme is inconsistent with that section, the Minister is to take action under Division 2 to have the Scheme amended, as soon as possible, so that it is consistent with that section. Division 2—Development and amendment of Scheme Subdivision A—Development 38 Slot Manager to develop slot management scheme and submit it for approval (1) The *Slot Manager is to develop a slot management scheme (the draft scheme) for Sydney Airport that is consistent with section 35. (2) The draft scheme is to be submitted to the Minister for approval. (3) The Minister may require the *Slot Manager to develop and submit the draft scheme by a time determined by the Minister. 39 Minister's power to request or make amendments (1) The Minister may request the *Slot Manager to amend the draft scheme to address a particular issue identified by the Minister and to resubmit the amended draft scheme for approval. (2) If the *Slot Manager refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may amend the draft scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Slot Manager for its refusal or failure. (3) The Minister's power under this section to request an amendment of the draft scheme, or to amend the draft scheme, may be exercised even if the scheme is already consistent with section 35. Note: For example, the Minister may request or make an amendment of the draft scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 35. 40 Approval of scheme (1) The Minister may, in writing, approve the draft scheme (as originally developed or as amended by the *Slot Manager or the Minister) if, and only if, the Minister is satisfied that the scheme is consistent with section 35. (2) If the Minister approves the draft scheme, the Minister must, by legislative instrument, determine that the Slot Management Scheme for Sydney Airport is the scheme that has been approved. The determination must: (a) set out the scheme in full; and (b) specify the day on which the scheme is to come into force as the Slot Management Scheme. 41 When Slot Management Scheme comes into force The scheme set out in a determination under subsection 40(2) comes into force as the Slot Management Scheme on the day specified in accordance with paragraph 40(2)(b). Subdivision B—Amendment 42 Slot Manager may develop amendments of Slot Management Scheme and submit them for approval The *Slot Manager may develop amendments of the *Slot Management Scheme and submit them to the Minister for approval. 43 Minister's power to request or develop amendments (1) The Minister may request the *Slot Manager to develop an amendment of the *Slot Management Scheme to address a particular issue identified by the Minister and to submit the amendment to the Minister for approval. (2) If the *Slot Manager refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may develop an amendment of the Scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Slot Manager for its refusal or failure. (3) The Minister's power under this section to request an amendment of the Scheme, or to develop an amendment of the Scheme, may be exercised even if the Scheme already complies with section 35. Note: For example, the Minister may request or develop an amendment of the Scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 35. 44 Approval of amendments (1) The Minister may, in writing, approve an amendment of the *Slot Management Scheme (being an amendment developed by the *Slot Manager or the Minister) if, and only if, the Minister is satisfied that the Scheme as proposed to be amended would be consistent with section 35. (2) If the Minister approves an amendment of the *Slot Management Scheme, the Minister must, by legislative instrument, determine that the *Slot Management Scheme is amended by the amendment that has been approved. The determination must: (a) set out the amendment in full; and (b) specify the day on which the amendment is to come into force. 45 When an amendment comes into force The amendment set out in a determination under subsection 44(2) comes into force on the day specified in accordance with paragraph 44(2)(b). Division 3—Powers of Minister and Compliance Committee in relation to slot allocation 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) The *Slot Manager, and each person authorised under provisions of the Scheme referred to in subsection 35(3), must comply with a direction by the Minister, and has such power as is necessary to comply with the direction, despite the provisions of the *Slot Management Scheme. (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 to be taken to be a legislative instrument. 47 Compliance Committee's powers (1) The *Compliance Committee may, in writing, recommend to the *Slot Manager that the Slot Manager should vary, suspend or cancel slots that have been allocated under the *Slot Management Scheme as specified in the recommendation. (2) The *Slot Manager is to have regard to the recommendation, but is not required to comply with it. Any actions the Slot Manager takes in complying with the recommendation must be in accordance with the *Slot Management Scheme. Part 5—The Compliance Scheme Division 1—Framework within which Scheme to be developed and to operate 48 The Scheme and its basic purpose (1) There is to be a scheme, known as the Compliance Scheme, for Sydney Airport. (2) The basic purpose of the Scheme is to provide for various matters relating to compliance with the requirements of this Act. 49 Contents of Scheme (1) The Compliance Scheme must identify the circumstances in which *gate movements are taken to be off‑slot movements for the purposes of this Act. (2) The Scheme must identify: (a) the circumstances in which it is appropriate to issue an *infringement notice to a person for a contravention of a *civil penalty provision, and the circumstances in which it is not appropriate to do so; and (b) the circumstances in which it is appropriate to withdraw an infringement notice that has been issued, and the circumstances in which it is not appropriate to do so. (3) The Scheme must, consistently with subsections 20(3) and (4), specify: (a) the rates of fines that may be specified in *infringement notices; and (b) the circumstances to which the different rates apply. (4) The Scheme may contain a mechanism for the reconsideration of decisions made under the Scheme, or of decisions made by the *Compliance Committee for the purposes of this Act. (5) The Scheme may contain other provisions relating to the performance of the *Compliance Committee's functions under this Act. (7) The Scheme must be consistent with the additional requirements (if any) specified in the regulations. (8) The Scheme must be consistent with the additional requirements (if any) specified in determinations in force under section 50. 50 Minister's power to determine additional requirements (1) The Minister may, by legislative instrument, determine additional requirements with which the Compliance Scheme must be consistent. (2) Before making a determination under subsection (1), the Minister must consult the *Compliance Committee about the proposed determination. This requirement does not apply to the Minister making a determination before the Compliance Committee has been appointed. 51 Consequence of Scheme not being consistent with section 49 Inconsistency with section 49 does not affect the validity of the Compliance Scheme. However, if the Minister becomes aware that the Scheme is inconsistent with that section, the Minister is to take action under Division 2 to have the Scheme amended, as soon as possible, so that it is consistent with that section. Division 2—Development and amendment of Scheme Subdivision A—Development 52 Compliance Committee to develop compliance scheme and submit it for approval (1) The *Compliance Committee is to develop a compliance scheme (the draft scheme) for Sydney Airport that is consistent with section 49. (2) The draft scheme is to be submitted to the Minister for approval. (3) The Minister may require the *Compliance Committee to develop and submit the draft scheme by a time determined by the Minister. 53 Minister's power to request or make amendments (1) The Minister may request the *Compliance Committee to amend the draft scheme to address a particular issue identified by the Minister and to resubmit the amended draft scheme for approval. (2) If the *Compliance Committee refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may amend the draft scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Compliance Committee for its refusal or failure. (3) The Minister's power under this section to request an amendment of the draft scheme, or to amend the draft scheme, may be exercised even if the scheme is already consistent with section 49. Note: For example, the Minister may request or make an amendment of the draft scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 49. 54 Approval of scheme (1) The Minister may, in writing, approve the draft scheme (as originally developed or as amended by the *Compliance Committee or the Minister) if, and only if, the Minister is satisfied that the scheme is consistent with section 49. (2) If the Minister approves the draft scheme, the Minister must, by legislative instrument, determine that the Compliance Scheme for Sydney Airport is the scheme that has been approved. The determination must: (a) set out the scheme in full; and (b) specify the day on which the scheme is to come into force as the Compliance Scheme. 55 When Compliance Scheme comes into force The scheme set out in a determination under subsection 54(2) comes into force as the Compliance Scheme on the day specified in accordance with paragraph 54(2)(b). Subdivision B—Amendment 56 Compliance Committee may develop amendments of Compliance Scheme and submit them for approval The *Compliance Committee may develop amendments of the *Compliance Scheme and submit them to the Minister for approval. 57 Minister's power to request or develop amendments (1) The Minister may request the *Compliance Committee to develop an amendment of the *Compliance Scheme to address a particular issue identified by the Minister and to submit the amendment to the Minister for approval. (2) If the *Compliance Committee refuses or fails to comply with the request to the satisfaction of the Minister within 14 days of the request being made, or within such longer period as the Minister determines, the Minister may develop an amendment of the Scheme to address the issue identified in the request. Before doing so, the Minister must first consider any reasons given by the Compliance Committee for its refusal or failure. (3) The Minister's power under this section to request an amendment of the Scheme, or to develop an amendment of the Scheme, may be exercised even if the Scheme already complies with section 49. Note: For example, the Minister may request or develop an amendment of the Scheme because he or she considers that a matter could be dealt with in a more appropriate way and still be consistent with section 49. 58 Approval of amendments (1) The Minister may, in writing, approve an amendment of the *Compliance Scheme (being an amendment developed by the *Compliance Committee or the Minister) if, and only if, the Minister is satisfied that the Scheme as proposed to be amended would be consistent with section 49. (2) If the Minister approves an amendment of the *Compliance Scheme, the Minister must, by legislative instrument, determine that the Compliance Scheme is amended by the amendment that has been approved. The determination must: (a) set out the amendment in full; and (b) specify the day on which the amendment is to come into force. 59 When an amendment comes into force The amendment set out in a determination under subsection 58(2) comes into force on the day specified in accordance with paragraph 58(2)(b). Division 3—Modification of Scheme in exceptional circumstances 59A Minister's power to determine modifications (1) The Minister may, in writing, determine that the *Compliance Scheme has effect subject to specified modifications during a specified period if the Minister considers that there are exceptional circumstances justifying the making of the determination. (2) During the period specified in a determination under subsection (1), the *Compliance Scheme has effect subject to the modifications specified in the determination. (3) The Minister must, in relation to each determination under subsection (1): (a) include in the determination a statement of the reasons for making the determination; and (b) cause a copy of the determination to be given to the *Compliance Committee as soon as practicable after the day on which the determination is made. Note: A copy of the determination will also have to be laid before each House of the Parliament (see section 38 of the Legislation Act 2003). (4) Modifications specified in a determination under subsection (1) do not have to be consistent with section 49. (5) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination. (6) In this section: modifications includes additions, omissions and substitutions. Part 6—The Slot Manager 60 The Slot Manager (1) There is to be a Slot Manager for Sydney Airport. (2) The functions of the Slot Manager are: (a) to develop, administer and amend the *Slot Management Scheme; and (b) such other functions as are conferred on the Slot Manager by this Act, the regulations, the *Slot Management Scheme or the *Compliance Scheme. 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. 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) persons authorised under provisions of the *Slot Management Scheme referred to in subsection 35(3). 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 under provisions of the *Slot Management Scheme referred to in subsection 35(3) 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. Part 7—The Compliance Committee 66 The Compliance Committee (1) There is to be a Compliance Committee for Sydney Airport. (2) The functions of the Committee are: (a) to develop, administer and amend the *Compliance Scheme; and (b) such other functions as are conferred on the Compliance Committee by this Act, the regulations, the Compliance Scheme or the *Slot Management Scheme. (3) The members of the Committee are to be appointed by the Minister. 67 Regulations may deal with appointment and other matters The regulations may deal with: (a) matters relating to the appointment of members of the Compliance Committee, including (but not limited to): (i) how many members may be appointed; and (ii) requirements (if any) as to who may be appointed; and (iii) the duration of appointments and the terms and conditions of appointments; and (iv) the termination of appointments; and (b) matters relating to the operations of the Compliance Committee. 68 The legal position of the Compliance Committee (1) The *Compliance Committee, or a member of the Compliance Committee 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 unless a law, or regulations for the purposes of this section, expressly provide otherwise. (2) 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. 69 Protection of Compliance Committee from legal actions (1) No action lies against the *Compliance Committee for or in respect of any loss or damage caused by the Compliance Committee doing something that is within the Compliance Committee's functions. (2) Subsection (1) does not cover loss or damage that is wilfully or negligently caused by the Compliance Committee. (3) In this section, a reference to the Compliance Committee includes a reference to a member of the Compliance Committee acting as such a member. Part 8—Miscellaneous 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 The Minister may, in writing, delegate to: (a) the Secretary of the Department; or (b) an SES employee in the Department; all or any of the following powers: (c) the power under section 44 to give approvals and make determinations in relation to amendments of the *Slot Management Scheme; (d) the power under section 58 to give approvals and make determinations in relation to amendments of the *Compliance Scheme; (e) the power under subsection 66(3) to make appointments to the *Compliance Committee. 72 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence, or for a civil penalty under Division 2 of Part 3. 73 Extra‑territorial operation This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country. 74 Regulations (1) The Governor‑General may make regulations, not inconsistent with this Act, 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. (2) Without limiting subsection (1), the regulations may: (a) provide for the *Slot Manager and the *Compliance Committee to report on specified matters; and (b) provide for the review of decisions made under this Act, the *Slot Management Scheme or the *Compliance Scheme; and (c) provide for the transfer of information, for the purposes of this Act: (i) between the Slot Manager and the Compliance Committee; and (ii) to the Slot Manager or the Compliance Committee by *Airservices Australia or by other persons; and (d) prescribe penalties, not exceeding 50 penalty units, for offences against the regulations. Schedule 1—Definitions Note: Section 3 describes how asterisks are used to identify terms that are defined in this Schedule. 1 Definitions In this Act, unless the contrary intention appears: aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air. aircraft movement means: (a) the landing of an aircraft on a runway; or (b) the taking off of an aircraft from a runway. Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995. associated: an *aircraft movement and a *gate movement are associated if: (a) for an aircraft movement that is a take‑off—the gate movement is the last gate movement of the aircraft before the take‑off; or (b) for an aircraft movement that is a landing—the gate movement is the first gate movement of the aircraft after the landing. civil penalty provision means section 12 or 13. Compliance Committee means the Committee appointed in accordance with regulations for the purposes of section 67. Compliance Scheme means the scheme set out in a determination under subsection 54(2), as that scheme is amended from time to time and as it has effect subject to any determinations under subsection 59A(1). curfew period has the same meaning as in the Sydney Airport Curfew Act 1995. Federal Court means the Federal Court of Australia. 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, it comes to a standstill and the engines are turned off. infringement notice means an infringement notice issued under section 19. maximum movement limit has the meaning given by subsection 6(1). operator of an aircraft means the person who, when a *gate movement using the aircraft occurs, is: (a) unless paragraph (b) applies—the owner of the aircraft; or (b) if the aircraft is under a lease at the time of the movement—the lessee of the aircraft. slot has the meaning given by subsection 34(1). Slot Management Scheme means the scheme set out in a determination under subsection 40(2), as that scheme is amended from time to time. Slot Manager means the body corporate appointed under section 61 to hold the office of Slot Manager. Sydney Airport means the airport known as Sydney (Kingsford‑Smith) Airport. Endnotes Endnote 1—About the endnotes 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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key 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) LIA = Legislative Instruments Act 2003 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 Sydney Airport Demand Management Act 1997 173, 1997 17 Nov 1997 s 6–32: 17 May 1998 (s 2(3)) Remainder: 17 Nov 1997 (s 2(1)) Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 11 Nov 1999 Sch 1 (item 910): 5 Dec 1999 (s 2 and gaz 1999, No S584) — Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 137, 2000 24 Nov 2000 Sch 2 (items 391-394, 418, 419): 24 May 2001 (s 2(3)) Sch 2 (items 418, 419) Sydney Airport Demand Management Amendment Act 2001 45, 2001 5 June 2001 5 June 2001(s 2) — Corporations (Repeals, Consequentials and Transitionals) Act 2001 55, 2001 28 June 2001 s 4–14 and Sch 3 (items 507, 508): 15 July 2001 (s 2(3) and gaz 2001, No S285) s 4–14 Financial Framework Legislation Amendment Act 2005 8, 2005 22 Feb 2005 s. 4 and Sch 1 (items 424, 425, 496): 22 Feb 2005 (s 2(1) items 1, 2, 10) s. 4 and Sch. 1 (item 496) Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 109, 2006 27 Sept 2006 Sch 2 (items 83–96): 27 Sept 2006 (s (2) items 5) — Sydney Airport Demand Management Amendment Act 2008 83, 2008 12 July 2008 Sch 1: 12 Jan 2009: 12 Jan 2009 (s 2(1) item 2) Sch. 1 (items 43, 45) Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 103, 2010 13 July 2010 Sch 6 (items 1, 104): 1 Jan 2011 (s 2(1) items 3, 5) — Statute Law Revision Act 2012 136, 2012 22 Sept 2012 Sch 3 (item 8) and Sch 6 (items 80, 81): 22 Sept 2012 (s 2(1) items 35, 37) — Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept, 2015 Sch 1 (items 596–599): 5 Mar 2016 (s 2(1) item 2) — Endnote 4—Amendment history Provision affected How affected Part 1 s. 4..................... am. No. 83, 2008 s. 5..................... rep. No. 136, 2012 Heading to s. 5A............ am. No. 103, 2010 s. 5A.................... ad. No. 45, 2001 am. No. 103, 2010 Part 2 s. 6..................... am. No. 83, 2008 s. 7..................... am. No. 109, 2006 s. 8..................... am. No. 83, 2008; No 126, 2015 Part 3 Heading to Part 3........... rs. No. 83, 2008 Division 1 s. 10.................... rs. No. 83, 2008 Subhead. to s. 11(4) ......... am. No. 83, 2008 s. 11.................... am. No. 83, 2008 Note to s. 11(6) ............ am. No. 83, 2008 ss. 12, 13................. am. No. 83, 2008 Division 4 Heading to s. 27............ am. No. 8, 2005 s. 27.................... am. No. 8, 2005 Division 5 Heading to s. 29............ am. No. 83, 2008 s. 29.................... am. No. 83, 2008 s. 30.................... am. No. 83, 2008 s. 31.................... am. No. 83, 2008 s. 32.................... am. No. 136, 2012 Part 4 Division 1 s. 33.................... am. No. 83, 2008 s. 34.................... am. No. 83, 2008 s. 35.................... am. No. 45, 2001; No. 83, 2008 s. 36.................... am. No. 109, 2006; No. 83, 2008 Division 2 s. 40.................... am. No. 109, 2006 s. 44.................... am. No. 109, 2006 Division 3 s. 46 ................... am. No. 55, 2001; No. 83, 2008; No 126, 2015 Part 5 Division 1 s. 49.................... am. No. 83, 2008 s. 50.................... am. No. 109, 2006 Division 2 s. 54.................... am. No. 109, 2006 s. 58.................... am. No. 109, 2006 Division 3 Div. 3 of Part 5............. ad. No. 83, 2008 s. 59A................... ad. No. 83, 2008; No 126, 2015 Part 6 s. 61 ................... am. No. 55, 2001 s. 62.................... am. No. 137, 2000 Part 8 s. 70.................... am. No. 83, 2008 s. 71.................... am. No. 146, 1999; No. 83, 2008 s. 74.................... am. No. 83, 2008 Schedule 1 Schedule 1................ am. No. 83, 2008 Schedule 2................ rep. No. 136, 2012