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Adelaide Airport Curfew Amendment (Protecting Residents’ Amenity) Bill 2014

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­­­2013-2014

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

SENATE

 

 

 

 

 

  

ADELAIDE AIRPORT CURFEW AMENDMENT (PROTECTING RESIDENTS' AMENITY) BILL 2014

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of Senator Penny Wright)



 

ADELAIDE AIRPORT CURFEW AMENDMENT (PROTECTING RESIDENTS' AMENITY) BILL 2014

 

 

GENERAL OUTLINE

 

The Bill strengthens the curfew for flights at Adelaide Airport, by amending the Adelaide Airport Curfew Act 2000 (the Act).

 

The Act prohibits taking off or landing between the hours of 11pm and 6am.

 

However, Part 3, Division 1 of the Act provides for take-offs and landings during the ‘shoulder periods’ of the curfew, from 11pm to midnight and from 5am to 6am, on approval by the Transport Minister after an application in writing.

 

By repealing Part 3, Division 1, the Bill removes this means for executive power to qualify the legislated curfew.

 

The amendments in the Bill:

 

  • Repeal Division 1 of Part 3, which allows international aircraft movements during the curfew shoulder periods, as approved by the Transport Minister.

 

  • Make the following consequential amendments:

 

  • Repeal the definition of international aircraft, in subsections 3(1) and (2) of the Act.

 

  • Repeal section 15(1), regarding landing international aircraft on runways during the curfew, and reference to it in 15(3).

 

  • Repeal a reporting requirement in s 15(4)(a) relating to international aircraft landing during the curfew.

 

  • Amend s 21, regarding delegating the Minister’s powers, to remove reference to section 9, which is in the repealed Part 3, Division 1.

 

  • Clarifies that the amendments apply to a take-off or landing occurring after the commencement of the Bill, even if the relevant Ministerial approval was granted prior to commencement.

 

Financial impact statement

 

The amendments in this Bill will be cost-neutral for the Commonwealth Government, save for the minimal savings in the form of removing administration associated with approving applications to land during the curfew.

 



 

NOTES ON CLAUSES

 

Clause 1 - Short title

 

This clause provides for the citation of the Act as the Adelaide Airport Curfew Amendment (Protecting Residents' Amenity) Act 2014.

 

Clause 2 - Commencement

 

This clause provides that the Bill commences the day after the Bill receives the Royal Assent, save for Schedule 1 which commences on the 28 th day after that.

 

Clause 3 - Schedule

 

This clause is a formal provision specifying that amendments or repeals are made to the provisions set out in the sections in the schedule.

 

Schedule 1 - Amendments

 

Adelaide Airport Curfew Act 2000

 

Item 1 repeals the definition of ‘international aircraft’, as the term is not used in the Act as a consequence of other amendments in this Schedule.

 

Item 2 repeals further subsection 3(2), as its provisions about ‘international aircraft’ are not needed in the Act as a consequence of other amendments in this Schedule.

 

Item 3 repeals Division 1 of Part 3, which allows international aircraft movements during the curfew shoulder periods, as approved by the Transport Minister.

 

Item 4 repeals subsection 15(1), regarding landing international aircraft on runways during the curfew, as its provisions are no longer necessary as a consequence of other amendments in this Schedule.

 

Item 5 amends subsection 15(3), to remove a reference to subsection 15(1), which is repealed by item 4.

 

Item 6 repeals paragraph 15(4)(a), relating to reporting requirements for international aircraft landing during the curfew, as this scenario cannot occur under the Act as amended.

 

Item 7 omits the reference to section 9 in section 21 of the Act, as section 9 is repealed by this Schedule.

 

Item 8 clarifies that the amendments in this Bill apply to take-offs and landings which occur on or after the commencement of the Adelaide Airport Curfew Amendment (Protecting Residents' Amenity) Act 2014 , even if the Minister granted permission for that activity before that commencement.

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Adelaide Airport Curfew Amendment (Protecting Residents' Amenity) Bill 2014

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 , as it does not engage any of the applicable rights or freedoms.

 

 

 

 

 

Senator Penny Wright