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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:
o Repeal the definition of international aircraft, in subsections 3(1) and
(2) of the Act.
o Repeal section 15(1), regarding landing international aircraft on
runways during the curfew, and reference to it in 15(3).
o Repeal a reporting requirement in s 15(4)(a) relating to international
aircraft landing during the curfew.
o 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reference to section 9, which is in the repealed Part 3, Division 1.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.
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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 28th 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.
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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
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