Exposure Draft—Airports Regulations 2023 and Airports (Ownership) Regulations 2023

Consultation on regulations to replace the Airports Regulations 1997 and the Airports (Ownership—Interests in Shares) Regulations 1996, was undertaken from 4 September 2023 to 9 October 2023 and has now closed.

Why we want your input

This consultation round has concluded. Your input in this process will be used to ensure there are no unforeseen and unintended consequences of the way the regulations are written. Thank you for engaging in this process.

How you can voice your opinion

Consultation is now closed. Thank you for engaging with the exposure draft of these regulations.

What will be the outcome of this consultation?

Your submission will help the department settle the regulations for consideration by government.

The Issue

The Airports Regulations 1997 and Airports (Ownership—Interests in Shares) Regulations 1996 will sunset on 1 April 2024. Sunsetting is an automatic repeal of instruments after a fixed period, under the Legislation Act 2003. The aim is to ensure instruments remain fit for purpose and only in force for so long as required. These regulations will need to be replaced.

The department’s public consultation on the regulations in early 2022 helped to inform the preparation of replacement regulations, and refine proposed updates. We thank those who provided submissions.

The regulations have been updated to better align with the Act, and reflect modern drafting practice, while generally maintaining the intent and effect of the regulations they replace. For example, spent and redundant provisions have not been replaced. Other changes include:

  • Requirements about the ownership and control of airport-operator companies have been consolidated in a single set of regulations.
  • Requirements about the ownership and control of airport-operator companies have changed.
    • The department will be able to make requests for information instead of relying on fixed annual reporting requirements, with flexibility to tailor requests for information on a risk-basis (including requesting information less often).
  • Subleasing and licencing requirements have been simplified.
    • The requirement for airport-operator companies and their tenants to seek approval of subleases or licences before entering into these commercial arrangements has been removed. Subleases and licences will be permitted by default, provided that they meet certain requirements (are not a kind of prohibited sublease or licence, and includes the required mandatory terms).

We thank all the stakeholders who have reviewed and provided feedback on the draft replacement regulations and their explanatory statements, with the next steps now underway. Please email us on aviationreform@infrastructure.gov.au if you have questions or concerns.

There will be a separate consultation on the replacement of the Airports (Control of On-Airports Activities) Regulations 1997.

Relevant documentation

Exposure draft Airports Regulations 2023

Exposure draft explanatory statement to Airports Regulations 2023

Exposure draft Airports (Ownership) Regulations 2023

Exposure draft explanatory statement to Airports (Ownership) Regulations 2023

Outcome

Submissions were considered in finalising the regulations, and we thank all who provided feedback.

Participate

06 Sep 2023 09:00 AEST
09 Oct 2023 17:00 AEDT
Closed

Contact us via email at aviationreform@infrastructure.gov.au, or click the button below to upload a submission, by 9 October 2023.

This consultation is closed.

Australian Privacy Principle 5 Notice

The Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the department) is collecting information for the purposes of the review of airports legislation, in accordance with the Privacy Act 1988.

The department will use this information to inform consideration of issues associated with airports legislation, and will store this information securely. It may be used by the department to make further contact with you about the review.

The department will not disclose information to third parties, except in the circumstances outlined below.

Submissions will be kept securely and will only be disclosed in the following circumstances:

  • in response to a request by a Commonwealth Minister
  • where required by a House or a Committee of the Parliament of the Commonwealth of Australia
  • where required by law.

The department may also disclose submissions within the Commonwealth of Australia, including with other Commonwealth agencies, where necessary in the public interest or to support the review.

Please note that in order to protect the personal privacy of individuals in accordance with the Privacy Act any submissions containing sensitive information, personal information or information which may reasonably be used to identify a person or group of people may not be published, even if not marked as confidential.

The department’s privacy policy contains information regarding complaint handling processes and how to access and/or seek correction of personal information held by the department. The Privacy Officer can be contacted on (02) 6274 6495 or by email: privacy@infrastructure.gov.au