Sydney Airport Demand Management Amendment Act 2024 (Cth)

Sydney Airport Demand Management Amendment Act 2024 No. 131, 2024 An Act to amend the Sydney Airport Demand Management Act 1997, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Sydney Airport Demand Management Act 1997 Sydney Airport Demand Management Amendment Act 2024 No. 131, 2024 An Act to amend the Sydney Airport Demand Management Act 1997, and for related purposes [Assented to 10 December 2024] The Parliament of Australia enacts: 1 Short title This Act is the Sydney Airport Demand Management Amendment Act 2024. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 10 December 2024 2. Schedule 1 A day or days to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Sydney Airport Demand Management Act 1997 1 Title After "limit", insert "and optimise". 2 Subsection 3(4) Repeal the table, substitute: Terms that are not identified with an asterisk Item This term is defined in 1 aircraft Schedule 1 2 Chair Schedule 1 3 civil penalty provision Schedule 1 4 member Schedule 1 5 Regulatory Powers Act Schedule 1 6 Secretary Schedule 1 7 slot Schedule 1 8 Sydney Airport Schedule 1 9 this Act Schedule 1 3 At the end of subsection 4(2) Add: It also provides for *recovery periods to assist in managing certain disruptions to operations at Sydney Airport. 4 Subsections 4(3) to (6) Repeal the subsections, substitute: (3) Part 3 explains key concepts relating to *gate movements, and sets out civil penalties for slot misuse. It also deals with gate movements that are exempted from the *maximum movement limit. (4) Part 4 deals with the making and contents of the *Slot Management Scheme. It also deals with the power of the Minister to give directions in relation to slots, and the *Slot Manager's power to make *declared exemptions. (5) Part 5 applies the framework established by the Regulatory Powers Act in relation to compliance with, and enforcement of, this Act. (6) Parts 6 and 7 deal, respectively, with the appointment etc. of the *Slot Manager and the *Compliance Committee. (6A) Part 7A deals with information management. 5 Part 2 (at the end of the heading) Add ", and recovery periods". 6 Part 2 (after the heading) Insert: Division 1A—Preliminary 6A Simplified outline of this Part This Part imposes a limit (called the maximum movement limit) on the number of aircraft movements in each hour (called a regulated hour) outside the curfew period at Sydney Airport. The Minister may determine a lower maximum movement limit for a regulated hour. To assist in managing certain disruptions to operations at Sydney Airport, the Minister may, for a strictly limited period, declare a higher maximum movement limit. Airservices Australia monitors compliance with the maximum movement limit. Division 1—The maximum movement limit 7 Subsection 6(1) Repeal the subsection, substitute: (1) The maximum number of *aircraft movements at Sydney Airport is: (a) during a *regulated hour—80 aircraft movements in the hour; or (b) during a *recovery hour—85 aircraft movements in the hour. (1A) The maximum number of *aircraft movements mentioned in subsection (1) is the maximum movement limit. Note: The Minister may determine a lower limit for a regulated hour—see section 7. (1B) The total number of *aircraft movements at Sydney Airport in a day must not exceed 1,360 movements outside the *curfew period for the day. 8 Subsection 6(3) Repeal the subsection, substitute: (3) However, a period is not a regulated hour if it starts during, or less than 60 minutes before: (a) a *curfew period; or (b) a *recovery hour. Note 1: Aircraft movements during curfew periods are regulated under the Sydney Airport Curfew Act 1995. Note 2: For provisions about recovery hours, see section 9B. 9 Subsection 6(5) Omit "subsection 35(2) (which requires the *Slot Management Scheme to be consistent with the limit)", substitute "the *Slot Management Scheme". 10 Subsections 7(1) and (3) Omit "subsection 6(1)", substitute "paragraph 6(1)(a)". 11 Subsection 8(1) Omit "cause to be published in the Gazette", substitute ", by notifiable instrument, publish". 12 Subparagraph 8(1)(b)(i) Repeal the subparagraph, substitute: (i) the airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport or, if there is more than one such company, the airport‑management company (within the meaning of that Act) for Sydney Airport; 13 Subsection 8(4) Repeal the subsection, substitute: (4) This section does not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instruments). 14 Section 9 Repeal the section, substitute: 9 Airservices Australia to monitor compliance with maximum movement limit (1) *Airservices Australia is to monitor compliance with the *maximum movement limit. (2) *Airservices Australia is not authorised or required to take any action to enforce compliance with the *maximum movement limit. (3) If *Airservices Australia ceases to provide air traffic services at Sydney Airport, the Minister may enter into an arrangement with another person who provides, or who is to provide, such air traffic services under which the person agrees to monitor compliance with the *maximum movement limit. (4) The regulations may require *Airservices Australia, or a person mentioned in subsection (3) who provides air traffic services, to publish information about compliance with the *maximum movement limit. (5) Subsection (4) does not limit section 70E (which is about requirements to publish information). 15 At the end of Part 2 Add: Division 2—Recovery periods 9A Minister may make recovery period declaration (1) The Minister may, by written notice, make a declaration in respect of a period if the Minister is satisfied that: (a) on the day that includes the period, *aircraft movements at Sydney Airport are significantly disrupted; and (b) the cause or circumstances of the disruption are such that criteria specified by the regulations for the purposes of this paragraph are met; and (c) *Airservices Australia has recommended to the Minister that the Minister make the declaration in respect of the period. (2) A declaration under subsection (1) is a recovery period declaration. (3) A *recovery period declaration must be made on the same day as the period to which it relates. (4) For the purposes of this section, it is immaterial whether the cause of the disruption: (a) directly disrupts *aircraft movements at Sydney Airport; or (b) occurs elsewhere and, as a consequence, indirectly disrupts aircraft movements at Sydney Airport. (5) A *recovery period declaration may be made regardless of whether the disruption has ended or not. (6) The Minister may make more than 1 *recovery period declaration for a day. Note: The recovery period declarations may relate to the same disruption, or different disruptions, on the day. (7) The Minister must cause a *recovery period declaration to be published on the Department's website. 9B Recovery periods and recovery hours Meaning of recovery period (1) The period in respect of which a *recovery period declaration is made is the recovery period. Recovery period must be whole hours (2) The *recovery period may be expressed to be either of the following: (a) 1 whole hour; (b) 2 consecutive whole hours. (3) Each whole hour in the *recovery period is a recovery hour. Specifying start and end of recovery period (4) A *recovery period declaration must specify the time at which: (a) the *recovery period starts; and (b) the recovery period ends. Relationship with curfew period (5) The *recovery period for a day must not cover any part of the *curfew period for the day. Continuation of disruption during recovery period (6) Any part of a *recovery period may be a period: (a) before which the disruption commenced; or (b) during which the disruption continues. Requirements specified by regulations (7) A *recovery period declaration must comply with the requirements (if any) for the declaration specified in the regulations. 16 Part 3 (heading) Omit "Penalties for unauthorised gate movements", substitute "Civil penalties for slot misuse". 17 Before Division 1 of Part 3 Insert: Division 1—Preliminary 10A Simplified outline of this Part This Part contains civil penalties for slot misuse at Sydney Airport. Slot misuse by an operator of an aircraft includes the following: (a) failing to use an allocated slot; (b) conducting a gate movement without an allocated slot; (c) conducting a gate movement outside the period for which the slot is allocated; (d) conducting flight operations otherwise than in accordance with prescribed requirements for a slot; (e) applying for the allocation of slots without reasonably practicable plans to use the gate movements permitted by the slots; (f) failing to return certain unused slots to the Slot Manager, or to transfer the slots to another operator. The civil penalties apply to all gate movements at Sydney Airport, other than some specified exceptions. 18 Division 1 of Part 3 Renumber as Division 2. 19 Section 10 (notes) Repeal the notes, substitute: 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 37(2) of this Act). 20 Sections 11 to 13 Repeal the sections. 21 Divisions 2, 3 and 4 of Part 3 Repeal the Divisions, substitute: Division 3—Key concepts relating to gate movements 11 Meaning of gate movement 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, the aircraft parks at a bay. 12 Meaning of no‑slot movement A *gate movement on a day is a no‑slot movement for that day if no slot permitting the movement on the day on which it occurs has been allocated under the *Slot Management Scheme. 13 Meaning of off‑slot movement (1) A *gate movement on a day is an off‑slot movement for that day if: (a) a slot permitting the movement on the day on which it occurs has been allocated under the *Slot Management Scheme; but (b) either of the following applies: (i) for a flight with a *block time of less than 3 hours—the movement occurs more than 15 minutes before or after the time specified for the movement by the slot; (ii) for a flight with a block time of 3 hours or more—the movement occurs more than 30 minutes before or after the time specified for the movement by the slot. (2) The regulations may prescribe circumstances in which a *gate movement is an off‑slot movement. 14 Meaning of block time Block time, for a flight, means the scheduled time between: (a) the first movement of the aircraft after its external doors have been closed in preparation for an *aircraft movement that is a take‑off; and (b) the last movement of the aircraft immediately before the moment when, after an aircraft movement that is a landing, the aircraft parks at a bay. Division 4—Civil penalty provisions for slot misuse 15 Civil penalty—failure to use allocated slot (1) A person contravenes this subsection if: (a) the person is the *operator of an aircraft; and (b) the operator has been allocated a slot under the *Slot Management Scheme to permit a *gate movement of the aircraft on a day; and (c) the aircraft does not engage in the gate movement on the day. Civil penalty: 60 penalty units. Exception—declared exemption (2) Subsection (1) does not apply if the failure to engage in the *gate movement is covered by a *declared exemption. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—Slot Manager's agreement (3) Subsection (1) does not apply if the *Slot Manager has agreed in writing, at the time of allocating the slot, to the *operator not using the *gate movement for the aircraft. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—operator returns or transfers slot (4) Subsection (1) does not apply if, before the day on which the *gate movement was permitted by the slot, the *operator: (a) returned the slot to the *Slot Manager under the *Slot Management Scheme; or (b) transferred the slot to another person who holds slots under the Slot Management Scheme. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). 16 Civil penalty—no‑slot movement (1) A person contravenes this subsection if: (a) the person is the *operator of an aircraft; and (b) the aircraft engages in a *gate movement on a day; and (c) the movement is a *no‑slot movement for that day. Civil penalty: 60 penalty units. Exception—circumstances outside operator's control (2) Subsection (1) does not apply if the circumstances that caused the *gate movement to occur on the day were outside the *operator's reasonable control. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). 17 Civil penalty—off‑slot movement (1) A person contravenes this subsection if: (a) the person is the *operator of an aircraft; and (b) the aircraft engages in a *gate movement on a day; and (c) the movement is an *off‑slot movement for that day. Civil penalty: 60 penalty units. Exception—declared exemption (2) Subsection (1) does not apply if the *gate movement is covered by a *declared exemption. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—circumstances outside operator's control (3) Subsection (1) does not apply if the circumstances that caused the *gate movement to occur at the time it did were outside the *operator's reasonable control. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). 18 Civil penalty—flight operations not in accordance with slot requirements (1) A person contravenes this subsection if: (a) the person is the *operator of an aircraft; and (b) a slot has been allocated under the *Slot Management Scheme that permits a *gate movement for the aircraft on a day; and (c) the aircraft engages in a gate movement on that day; and (d) the movement does not comply with one or more requirements of the slot for the movement that are specified by the Slot Management Scheme for the purposes of this paragraph. Civil penalty: 60 penalty units. Exception—declared exemption (2) Subsection (1) does not apply if the failure to comply with the requirement of the slot for the *gate movement is covered by a *declared exemption. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Exception—Slot Manager's agreement (3) Subsection (1) does not apply if the *Slot Manager has agreed in writing to the *gate movement for the aircraft not complying with the requirement of the slot for the movement. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). 19 Civil penalty—applying for slots with no reasonable prospects of use (1) A person (the airline) contravenes this subsection if: (a) the airline customarily operates aircraft providing air services; and (b) the airline applies for the allocation of one or more slots under the *Slot Management Scheme; and (c) at the time of the application, the airline has no reasonably practicable plans to conduct one or more of the *gate movements permitted by the slots. Civil penalty: 60 penalty units. Exception—airline notifies intention to Slot Manager (2) Subsection (1) does not apply if the airline notifies the *Slot Manager, at the time of making the application, that the airline does not at that time plan to conduct one or more specified *gate movements permitted by the slots. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Evidentiary matters (3) In proceedings for a contravention of subsection (1), it is not necessary to prove that the airline had no reasonably practicable plans to conduct a particular *gate movement permitted by a particular slot. (4) In determining whether an airline has contravened subsection (1), the court may have regard to the airline's conduct generally in relation to the following: (a) *gate movements; (b) applications for slots; (c) use of slots; (d) variations of slots; (e) surrender of slots. (5) Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1). 20 Civil penalty—failure to return or transfer unused slots (1) A person (the airline) contravenes this subsection if: (a) the airline customarily operates aircraft providing air services; and (b) the airline has been allocated one or more slots under the *Slot Management Scheme; and (c) the airline: (i) decides not to offer, or to no longer offer, an air service for which allocation of the slots was sought; or (ii) becomes aware of other circumstances that make it unlikely that the airline will use the *gate movements permitted by the slots for an air service for which allocation of the slots was sought; and (d) the airline does not return the slots to the *Slot Manager, or transfer the slots to another person who holds slots under the Slot Management Scheme: (i) in the case of subparagraph (c)(i)—within 14 days after making the decision; or (ii) in the case of subparagraph (c)(ii)—within 14 days after becoming aware of the other circumstances. Civil penalty: 60 penalty units. Relationship with slot return deadline (2) For the purposes of subsection (1), it is immaterial whether the conduct, or part of the conduct, of the airline alleged to constitute the contravention occurs before, on or after any deadline specified by the *Slot Management Scheme for the return of unused slots by holders of the slots. Evidentiary matters (3) In proceedings for a contravention of subsection (1), it is not necessary to prove that the airline would not have conducted, or was unlikely to conduct, a particular *gate movement permitted by a particular slot. (4) In determining whether an airline has contravened subsection (1), the court may have regard to the airline's conduct generally in relation to the following: (a) *gate movements; (b) applications for slots; (c) use of slots; (d) variations of slots; (e) surrender of slots. (5) Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1). 22 Section 29 (heading) Omit "grants dispensation", substitute "makes declared exemption under section 48". 23 Paragraph 29(b) Repeal the paragraph, substitute: (b) a *declared exemption made under section 48 covers the *gate movement; or 24 Section 31 Repeal the section. 25 Subparagraph 32(a)(ii) Omit "his or her duties as such a member", substitute "the member's duties". 26 Divisions 1 and 2 of Part 4 Repeal the Divisions, substitute: Division 1—Preliminary 33 Simplified outline of this Part The Slot Management Scheme is the main instrument for allocation and management of slots at Sydney Airport. This Part deals with making the Slot Management Scheme and its contents. It also covers the Minister's power in relation to slots, and the Slot Manager's power to make declared exemptions. Division 2—Slot Management Scheme 34 Minister to make Slot Management Scheme (1) The Minister must, by legislative instrument, make a scheme (the Slot Management Scheme) for the allocation and management of permissions for *gate movements at Sydney Airport. (2) A permission for a *gate movement is called a slot. Note: For the key features of a slot, see section 38. 35 Core contents of Slot Management Scheme (1) The *Slot Management Scheme must provide a system for the allocation and management of slots at Sydney Airport. (2) The Scheme may deal with any matter relating to the system mentioned in subsection (1), including the following matters: (a) allocation of slots; (b) conditions imposed on the use of slots; (c) variation of slots; (d) swapping of slots; (e) suspension of slots; (f) surrender of slots; (g) cancellation of slots. (3) Subsection (2) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. (4) The Scheme may make provision in relation to a slot by reference to: (a) specified categories of *gate movements; or (b) any other matter. 36 Other matters covered by Slot Management Scheme Required matters (1) The *Slot Management Scheme must set out the circumstances in which the *Slot Manager may make a *declared exemption. Note: For declared exemptions, see Division 4. (2) The Scheme must be consistent with the additional requirements (if any) for the Scheme specified in the regulations. Permitted matters (3) The Scheme may make provision in relation to the exercise of the *Slot Manager's functions. (4) The Scheme may provide for the authorisation of persons other than the *Slot Manager to exercise powers, or perform functions, of the Slot Manager relating to: (a) the allocation of slots; or (b) the management of slots that have been allocated. (5) The Scheme may confer functions and powers on the Minister. (6) The Scheme may contain provisions dealing with the reconsideration of decisions made under the Scheme by: (a) the Minister; or (b) the *Slot Manager. 37 Restrictions on Slot Management Scheme (1) The *Slot Management Scheme must be consistent with the *maximum movement limit for *aircraft movements at Sydney Airport. Note: For the maximum movement limit, see section 6. (2) The Scheme must not allow slots to be allocated for times during *curfew periods. (3) The Scheme must be consistent with any requirements of the Sydney Airport Curfew Act 1995 relating to *aircraft movements before or after *curfew periods. (4) Except as provided in this section, this Division does not limit the matters that may be dealt with by the Scheme. 38 Key features of a slot (1) A slot allocated under the *Slot Management Scheme permits a specified *gate movement at a specified time on a specified day. (2) The use of a slot may be subject to conditions imposed on the slot. (3) A slot allocated under the Scheme is not transferable, except in accordance with provisions in the Scheme about swapping slots. (4) A slot: (a) is not property; and (b) does not create rights or obligations that are enforceable against any person. (5) The permission granted by a slot is subject to other laws that impose requirements or restrictions on or in relation to *aircraft movements or *gate movements. 27 Division 3 of Part 4 (heading) Repeal the heading, substitute: Division 3—Minister's power in relation to slots 28 Subsection 46(2) Repeal the subsection, substitute: (2) Each of the following must comply with the direction: (a) the *Slot Manager; (b) any person authorised by the Slot Manager, under the *Slot Management Scheme, to exercise powers or perform functions of the Slot Manager in relation to the allocation or management of slots. 29 Subsection 46(6) Omit "to be taken to be". 30 Section 47 Repeal the section. 31 At the end of Part 4 Add: Division 4—Slot Manager's power to make declared exemptions 47 Declared exemptions relating to allocated slots The *Slot Manager may, by instrument in writing, declare that one or more specified *gate movements that occur, or that are scheduled to occur, during the period covered by the declaration are not required to be conducted in accordance with their allocated slots, or at all. Note: An aircraft movement that is associated with a gate movement covered by a declared exemption under this section is counted towards to the maximum movement limit. 48 Declared exemptions in exceptional circumstances (1) The *Slot Manager may, by instrument in writing, authorise the *operator of an aircraft to conduct a *gate movement in circumstances where the conduct of the gate movement would otherwise contravene a civil penalty provision of this Act. Note: An aircraft movement that is associated with a gate movement covered by a declared exemption under this section is not counted towards the maximum movement limit: see subsection 6(4) and paragraph 29(b). (2) An instrument may be made under subsection (1) only if the *Slot Manager is satisfied that the *gate movement permitted by the instrument is necessary to protect: (a) the health or safety of any person; or (b) the security, defence or international relations of the Commonwealth. 49 General matters relating to declared exemptions Declared exemption must be permitted by Scheme (1) A *declared exemption may be made by the *Slot Manager only in the circumstances permitted by the *Slot Management Scheme. Conditions on, and classes of, declared exemptions (2) A *declared exemption may be made subject to conditions. (3) A *declared exemption may be made in relation to any of the following: (a) a specified *gate movement of a specified aircraft on a specified day; (b) the gate movements of some or all aircraft on a specified day; (c) the whole or a part of a specified day. (4) Subsection (3) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. Notifying declared exemption (5) The *Slot Manager must notify the making of a *declared exemption in accordance with the requirements of the *Slot Management Scheme. Declared exemption not a legislative instrument (6) A *declared exemption is not a legislative instrument. 50 When declared exemption covers a gate movement A *declared exemption covers a *gate movement if: (a) for a gate movement conducted by the *operator of an aircraft—the declared exemption allows the operator to conduct the movement; or (b) for a gate movement that the operator of an aircraft is permitted to conduct but does not conduct—the declared exemption allows the operator to not conduct the movement; or (c) for a gate movement that is conducted otherwise than in accordance with the requirements of the slot for the movement—the declared exemption allows the movement to not comply with the requirement of the slot. 32 Part 5 Repeal the Part, substitute: Part 5—Compliance and enforcement 51 Simplified outline of this Part This Part applies the framework established by the Regulatory Powers Act in relation to certain compliance and enforcement matters. Those matters are the enforcement of civil penalty provisions, as well as the use of infringement notices, enforceable undertakings and injunctions. 52 Civil penalty provisions Enforceable civil penalty provisions (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision. Authorised applicant (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act: (a) the Minister; (b) the Secretary; (c) an SES employee, or an acting SES employee, in the Department. Relevant court (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Extension to external Territories (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory. Liability of Crown (5) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to be subject to civil proceedings for a contravention of a civil penalty provision. 53 Infringement notices Provisions subject to an infringement notice (1) Each civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act. Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Infringement officer (2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the civil penalty provisions of this Act: (a) the Minister; (b) the Secretary; (c) an SES employee, or an acting SES employee, in the Department. Relevant chief executive (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the civil penalty provisions of this Act. Extension to external Territories (4) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territo