Transport Infrastructure (Airport Management) Regulation 1994


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Transport Infrastructure (Airport Management) Regulation 1994
Queensland Transport Infrastructure Act 1994 TRANSPORT INFRASTRUCTURE (AIRPORT MANAGEMENT) REGULATION 1994 Reprinted as in force on 15 March 2002 (includes amendments up to SL No. 32 of 2002) Reprint No. 1D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2005 SL No. 185 s 7
Information about this reprint This regulation is reprinted as at 15 March 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints.
Queensland TRANSPORT INFRASTRUCTURE (AIRPORT MANAGEMENT) REGULATION 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY Division 1— Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2— Interpretation 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 3— Application of regulation 4 Application of regulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—AUTHORISED OFFICERS 5 Appointment of authorised officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Production or display of authorised officer’s identity card . . . . . . . . . . . . . . 7 PART 3—CONTROL OF ACTIVITIES AT AIRPORTS Division 1— Airport notices 8 Airport notices—general control of activities . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Airport notices—aircraft parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Airport notices—movement, handling or storage of goods . . . . . . . . . . . . . 8 11 Airport notices—movement of passengers . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Airport notices—movement, stopping or parking of vehicles . . . . . . . . . . . 9 13 Noncompliance with airport notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Airport notices generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Airport notice may refer to documents held by port authority . . . . . . . . . . . 10
2 Transport Infrastructure (Airport Management) Regulation 1994 Division 2—General powers of authorised officers 16 Directions—safety and security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Control of aircraft parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Control of movement, handling or storage of goods. . . . . . . . . . . . . . . . . . . 11 19 Control of movement of passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20 Control of movement, stopping or parking of vehicles. . . . . . . . . . . . . . . . . 11 21 Noncompliance with directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3— Moving illegally parked aircraft and vehicles and illegally left goods 22 Moving illegally parked aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Moving illegally parked vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Moving illegally left goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 4—LIABILITY FOR, AND RECOVERY OF, CHARGES AND EXPENSES Division 1— Liability for charges and expenses 25 Persons who are liable for charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Liability for movement of aircraft, goods or vehicles . . . . . . . . . . . . . . . . . . 14 Division 2— Recovery of charges and expenses by detention 27 Meaning of “property” in Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 Detention for outstanding charges and interest, or expenses . . . . . . . . . . . . 15 29 Notice to owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Return of property on payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 31 Sale of property if payment not made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 5—GENERAL 32 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 Inspection of documents, aircraft, goods and vehicles . . . . . . . . . . . . . . . . . 18 34 Obstructing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 35 Conduct causing public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 36 Power to deal with persons causing public nuisance etc. . . . . . . . . . . . . . . . 18 37 Damaging etc. airport notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 38 Power to hand over certain offenders to the police . . . . . . . . . . . . . . . . . . . . 19 39 Police power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3 Transport Infrastructure (Airport Management) Regulation 1994 40 Disposal of abandoned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 23 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
s1 5 s3 Transport Infrastructure (Airport Management) Regulation 1994 TRANSPORT INFRASTRUCTURE (AIRPORT MANAGEMENT) REGULATION 1994 [as amended by all amendments that commenced on or before 15 March 2002] PART 1—PRELIMINARY Division 1—Introduction 1 Short title This regulation may be cited as the Transport Infrastructure (Airport Management) Regulation 1994 . 2 Commencement This regulation commences on 1 July 1994. Division 2—Interpretation 3 Definitions In this regulation— “airport” means the Cairns airport or Mackay airport. “airport notice” means a notice by an airport’s port authority that is— (a) erected or displayed— (i) at each entrance commonly used by persons to gain access to the airport; or (ii) on the airport; or (b) a document given to a person having access to or using the airport.
s4 6 s5 Transport Infrastructure (Airport Management) Regulation 1994 “authorised officer” means a person who is appointed under this regulation as an authorised officer. “indication” given by an official traffic sign has the same meaning as in the Transport Operations (Road Use Management) Act 1995 . “obstruct” includes hinder, resist, insult and attempt to obstruct. “official traffic sign” means an official traffic sign within the meaning of the Transport Operations (Road Use Management) Act 1995. “port authority” means the Cairns Port Authority or Mackay Port Authority. “requirement” of a notice includes a direction, instruction, indication, condition or other provision contained in the airport notice. Division 3—Application of regulation 4 Application of regulation This regulation applies to— (a) the Cairns Port Authority in relation to its airport; and (b) the Mackay Port Authority in relation to its airport. PART 2—AUTHORISED OFFICERS 5 Appointment of authorised officers (1) A port authority may appoint a person to be an authorised officer under this regulation if the authority is satisfied the person has the necessary training, or knowledge and experience, to be an authorised officer. (2) A port authority may restrict an authorised officer’s powers by written notice given to the officer.
s6 7 s7 Transport Infrastructure (Airport Management) Regulation 1994 6 Identity cards (1) A port authority must issue an identity card to each authorised officer appointed by the authority. (2) The identity card must— (a) contain a recent photograph of the authorised officer; and (b) be signed by the officer; and (c) identify the person as an authorised officer of the authority. (3) A person who ceases to be an authorised officer must, as soon as practicable, return his or her identity card to the port authority, unless the person has a reasonable excuse for not returning it. Maximum penalty—10 penalty units. (4) This section does not apply to an authorised officer who is a police officer. 7 Production or display of authorised officer’s identity card (1) An authorised officer (other than a police officer in uniform) may exercise a power under this regulation in relation to someone else only if the officer— (a) first produces his or her identity card for inspection by the person; or (b) has his or her identity card displayed so that it is clearly visible to the person. (2) However, if for any reason, it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for inspection by the person at the first reasonable opportunity.
s 8 8 s 11 Transport Infrastructure (Airport Management) Regulation 1994 PART 3—CONTROL OF ACTIVITIES AT AIRPORTS Division 1—Airport notices 8 Airport notices—general control of activities (1) A port authority may, by airport notice, control access to, or the use of, its airport. (2) Without limiting subsection (1), the port authority may, by airport notice, control activities or conduct at the airport for— (a) maintaining or improving the safe, secure or efficient operation of its airport; or (b) maintaining or improving the convenience of airport users; or (c) protecting the environment at the airport. (3) The power conferred by another provision of this Division to control by airport notice does not limit the power conferred by this section. 9 Airport notices—aircraft parking A port authority may, by airport notice, control the parking of aircraft at its airport, including, for example, indicating where the parking of aircraft is restricted or prohibited. 10 Airport notices—movement, handling or storage of goods A port authority may, by airport notice, control the movement, handling or storage of goods loaded, unloaded or transhipped to or from aircraft using its airport facilities. 11 Airport notices—movement of passengers A port authority may, by airport notice, control the movement of passengers to or from aircraft using its airport facilities.
s 12 9 s 14 Transport Infrastructure (Airport Management) Regulation 1994 12 Airport notices—movement, stopping or parking of vehicles A port authority may, by airport notice, control the movement, stopping or parking of vehicles at its airport, including, for example— (a) fixing a maximum speed limit; or (b) indicating a pedestrian crossing; or (c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited. 13 Noncompliance with airport notices A person must comply with an airport notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty— (a) for contravention of a requirement of an airport notice about aircraft parking or the movement, handling or storage of goods—50 penalty units; and (b) for contravention of any other airport notice—25 penalty units. 14 Airport notices generally (1) An airport notice— (a) must indicate the area to which the notice applies; and (b) if contravention of a requirement of the notice is an offence against this regulation—must state that it is an offence and the maximum penalty for the offence; and (c) may be in the form of an official traffic sign and, if it is, is taken to contain the indication given by the corresponding official traffic sign. (2) Evidence that a sign was erected or displayed in, or at the entrance to, an airport is evidence that the notice was erected or displayed by the airport’s port authority. (3) An airport notice erected or displayed in, or at an entrance to, an airport must be clearly visible to passers by.
s 15 10 s 16 Transport Infrastructure (Airport Management) Regulation 1994 15 Airport notice may refer to documents held by port authority (1) An airport notice may require a person to comply, in whole or in part, with a requirement of a stated document held by the airport’s port authority. (2) However, the requirement must be able to be made by an airport notice under this division. (3) The notice must— (a) if the document is a standard—state that a copy of the standard is available for inspection or for purchase at reasonable cost at a stated office of the port authority during normal business hours in the locality to which the notice relates; or (b) if the document is not a standard—include a copy of the document or— (i) include a summary of the requirement or a table of the document’s provisions that concern the requirement; and (ii) state that a copy of the document is available free of charge at a stated office of the port authority during normal business hours in the locality to which the notice relates. (4) In this section— “standard” means a code, guide, rule, specification or standard adopted, made, or published by the Airports Council International or a Standards Australia standard or other document. Examples of things a standard may be about Parking of aircraft. The movement, handling or storage of goods. Fire or hazard protection. Emergency procedures. Division 2—General powers of authorised officers 16 Directions—safety and security (1) An authorised officer may give directions to persons at an airport that are reasonably necessary for the purpose of ensuring—
s 17 11 s 21 Transport Infrastructure (Airport Management) Regulation 1994 (a) the safety or security of the airport, its users and the port authority’s employees; or (b) the efficient handling of cargo at the airport. (2) The power conferred on authorised officers by another provision of this Division does not limit the power conferred on authorised officers by this section. 17 Control of aircraft parking An authorised officer may control the parking of aircraft at an airport and, for the purpose, may give directions to pilots and other persons apparently in charge of aircraft. 18 Control of movement, handling or storage of goods An authorised officer may control the movement, handling or storage of goods loaded, unloaded or transhipped to or from aircraft using its airport facilities and, for the purpose, may give directions to persons apparently in charge of goods at the airport. 19 Control of movement of passengers An authorised officer may control the movement of passengers at an airport and, for the purpose, may give directions to persons at the airport. 20 Control of movement, stopping or parking of vehicles An authorised officer may control the movement, stopping or parking of vehicles at an airport and, for the purpose, may give directions to drivers of vehicles and other persons at the airport. 21 Noncompliance with directions A person must comply with a direction given to the person by an authorised officer under this Division, unless the person has a reasonable excuse for not complying with it.
s 22 12 s 23 Transport Infrastructure (Airport Management) Regulation 1994 Maximum penalty— (a) for contravention of a direction about aircraft parking or the movement, handling or storage of goods—50 penalty units; or (b) for contravention of any other direction—25 penalty units. Division 3—Moving illegally parked aircraft and vehicles and illegally left goods 22 Moving illegally parked aircraft (1) This section applies if— (a) an authorised officer believes on reasonable grounds that— (i) an aircraft is parked at an airport in contravention of a requirement of an airport notice or a direction of an authorised officer under Division 2; and (ii) it is necessary to move the aircraft having regard to— (A) the convenience of aircraft or persons using the airport; or (B) the safety or security of the airport, its users or the port authority’s employees; and (b) the authorised person— (i) cannot immediately find the aircraft’s pilot or another person in charge of the aircraft; or (ii) believes on reasonable grounds that neither the aircraft’s pilot, nor any other person in charge of the aircraft, is able or willing to move the aircraft immediately. (2) The authorised officer may take steps that are necessary and reasonable to have the aircraft moved. 23 Moving illegally parked vehicles (1) This section applies if— (a) an authorised officer believes on reasonable grounds that—
s 24 13 s 24 Transport Infrastructure (Airport Management) Regulation 1994 (i) a vehicle is parked at an airport in contravention of a requirement of an airport notice or a direction of an authorised officer under Division 2; and (ii) it is necessary to move the vehicle having regard to— (A) the convenience of vehicles or persons using the airport; or (B) the safety or security of the airport, its users or the port authority’s employees; and (b) the authorised officer— (i) cannot immediately find the vehicle’s driver or another person in charge of the vehicle; or (ii) believes on reasonable grounds that neither the vehicle’s driver, nor any other person in charge of the vehicle, is able or willing to move the vehicle immediately. (2) The authorised officer may take steps that are necessary and reasonable to have the vehicle moved. 24 Moving illegally left goods (1) This section applies if— (a) an authorised officer believes on reasonable grounds that— (i) goods have been left at an airport in contravention of a requirement of an airport notice or a direction of an authorised officer under Division 2; and (ii) it is necessary to move the goods having regard to— (A) the efficient operation of the airport; or (B) the safety or security of the airport, its users and the port authority’s employees; and (b) the authorised officer— (i) cannot immediately find the owner or other person in charge of the goods; or (ii) believes on reasonable grounds that neither the owner, nor any other person in charge of the goods, is able or willing to move the goods immediately.
s 25 14 s 26 Transport Infrastructure (Airport Management) Regulation 1994 (2) The authorised officer may take steps that are necessary and reasonable to have the goods moved or, if the goods are perishable or of little or no value, treat the goods as abandoned property. PART 4—LIABILITY FOR, AND RECOVERY OF, CHARGES AND EXPENSES Division 1—Liability for charges and expenses 25 Persons who are liable for charges (1) If charges are payable for an aircraft, the liability for the charges falls jointly and severally on the owner of the aircraft, the licensee, lessee and charterer of the aircraft or any other person who has made himself or herself liable for the charges. (2) If charges are payable for goods, the liability for the charges falls jointly and severally on the owner of the aircraft, the owner of the goods, the consignor and consignee of the goods, the agent for the sale or custody of the goods and the person entitled to possession of the goods. (3) If charges are payable for passengers, the liability for the charges falls jointly and severally on the owner of the aircraft, the licensee, lessee and charterer of the aircraft or any other person who has made himself or herself liable for the charges. 26 Liability for movement of aircraft, goods or vehicles (1) If a port authority incurs reasonable expenses because an authorised officer takes steps under this regulation to have an aircraft or goods moved, the amount of the expenses is a debt payable jointly and severally to the authority by the persons who would be liable for any charges payable for the aircraft or goods. (2) If a port authority incurs reasonable expenses because an authorised officer takes steps under this regulation to have a vehicle moved, the amount of the expenses is a debt payable jointly and severally to the authority by the owner and driver of the vehicle.
s 27 15 s 30 Transport Infrastructure (Airport Management) Regulation 1994 Division 2— Recovery of charges and expenses by detention 27 Meaning of “property” in Division In this Division— “property” means an aircraft, goods or a vehicle, and includes anything attached to, or contained in, an aircraft or vehicle. 28 Detention for outstanding charges and interest, or expenses (1) If charges are payable to a port authority for an aircraft (including any charges payable for passengers of the aircraft), goods or a vehicle (the “property” ) that is at its airport, the port authority may detain the property as security for the recovery of the charges and any interest on the charges. (2) If a port authority incurs reasonable expenses because an authorised officer takes steps under this regulation to have property moved, the port authority may detain the property as security for the recovery of the expenses. (3) A port authority may take steps that are necessary and reasonable to give effect to the detention of property under this section. 29 Notice to owner (1) As soon as practicable but within 14 days after property has been detained under this Division by a port authority, the authority must give to its owner a written notice stating that it has been detained, explaining how it may be recovered and stating that it may be sold if it is not recovered. (2) If the owner cannot be decided or located within 14 days after the detention, the notice may be given by publishing it in a newspaper circulating generally in the State. (3) This section does not apply to perishable goods if it is impracticable, having regard to the nature and condition of the goods, to give the notice required by the section. 30 Return of property on payment The authority must return the property to its owner if—
s 31 16 s 31 Transport Infrastructure (Airport Management) Regulation 1994 (a) a port authority detains property under this Division; and (b) the charges and any interest, or the expense, and any additional expenses reasonably incurred by the authority in detaining, or taking steps to sell, the property are paid before the authority sells it. 31 Sale of property if payment not made (1) This section applies if— (a) a port authority detains property under this Division; and (b) the charges and any interest, or expense, and any additional expenses reasonably incurred by the authority in detaining the property (the “total amount owing” ), are not paid within 2 months after notice of the detention is given to its owner under this Division. (2) The port authority may— (a) sell the property; or (b) if the proceeds of sale of the property are not likely to cover the total amount owing and the reasonable expenses that would be incurred by the authority in selling the property—dispose of the property in the way it considers appropriate. (3) Despite anything else in this Division, if the property is perishable goods, the port authority may sell the property immediately if it is impracticable, having regard to the nature and condition of the property, for it to be detained by the authority. (4) If the property is sold, the proceeds of the sale must be applied in the following order— (a) in payment of the expenses reasonably incurred by the port authority in selling the property (the “sale expenses” ); (b) in payment of the total amount owing to the port authority in relation to the property; (c) in payment of any balance to the owner. (5) If the proceeds of the sale are less than the total of the sale expenses and total amount owing, the difference is a debt payable to the port
s 32 17 s 32 Transport Infrastructure (Airport Management) Regulation 1994 authority by the persons who were or would be liable for the payment of any charge for the property. (6) Compensation is not recoverable against the port authority for a payment under this section. PART 5—GENERAL 32 Power to require name and address (1) An authorised officer may require a person to state the person’s name and address if the officer— (a) finds the person committing an offence against the Act or this regulation; or (b) finds the person in circumstances that lead, or has information that leads, the officer to suspect on reasonable grounds that the person has just committed an offence against the Act or this regulation. (2) When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse. (3) The authorised officer may require the person to give evidence of the correctness of the person’s stated name and address if the authorised officer suspects, on reasonable grounds, the stated name or address is false. (4) A person must comply with an authorised officer’s requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units. (5) The person does not commit an offence against this section if— (a) the authorised officer required the person to state the person’s name and address on suspicion of the person having committed an offence against the Act or this regulation; and (b) the person is not proved to have committed the offence.
s 33 18 s 36 Transport Infrastructure (Airport Management) Regulation 1994 33 Inspection of documents, aircraft, goods and vehicles (1) An authorised officer may require a person who is or may be liable to pay charges to a port authority to produce for the officer’s inspection documents under the person’s control relevant to deciding whether the person is liable to pay the charge and, if so, the amount of the charge. (2) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—50 penalty units. (3) The person in charge of an aircraft, goods or a vehicle that is at an airport must allow an authorised officer to enter and inspect the aircraft, inspect the goods or enter and inspect the vehicle for the purpose of deciding whether charges are payable for the aircraft, goods or vehicle and, if so, the amount of the charge. 34 Obstructing authorised officers A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Example This regulation allows an authorised officer to enter and inspect an aircraft to decide whether charges are payable for it. If the authorised officer is obstructed by the person in charge of the aircraft from entering the aircraft, the person commits an offence against this section. Maximum penalty—50 penalty units. 35 Conduct causing public nuisance A person must not, at an airport, be disorderly or create a disturbance. Maximum penalty—50 penalty units. 36 Power to deal with persons causing public nuisance etc. (1) This section applies if an authorised officer at an airport— (a) finds a person committing an offence against section 35 (Conduct causing public nuisance); or
s 37 19 s 38 Transport Infrastructure (Airport Management) Regulation 1994 (b) finds a person in circumstances that leads the authorised officer to suspect on reasonable grounds that the person has just committed an offence against section 35; or (c) has information that leads the authorised officer to suspect on reasonable grounds that the person has just committed an offence against section 35; or (d) reasonably believes, having regard to the way the person is behaving, that a person’s presence at the airport may pose a threat to the safety or security of the airport, its users or the port authority’s employees; or (e) has information that leads the authorised officer to believe, on reasonable grounds, a person’s presence at the airport may pose a threat to the safety or security of the airport, its users or the port authority’s employees; or (f) reasonably believes that a person is at the airport without lawful justification or excuse. (2) The authorised officer may direct the person to leave the airport or a part of the airport. (3) A direction under subsection (2) to leave the airport may include a direction not to re-enter the airport, or a part of the airport, for 24 hours. (4) A person must not contravene a direction given to the person under subsection (2), unless the person has a reasonable excuse. Maximum penalty for subsection (4)—100 penalty units. 37 Damaging etc. airport notices A person must not unlawfully remove, damage or interfere with an airport notice erected or displayed in, or at an entrance to, an airport. Maximum penalty—25 penalty units. 38 Power to hand over certain offenders to the police An authorised officer who finds a person at an airport— (a) committing an offence against section 35 (Conduct causing public nuisance); or
s 39 20 s 40 Transport Infrastructure (Airport Management) Regulation 1994 (b) committing an offence against section 36(4) (Power to deal with persons causing public nuisance etc.); or (c) committing an offence against section 37 (Damaging etc. airport notices); or (d) unlawfully damaging other property; may take the person immediately to a police officer, using only such force as is necessary and reasonable. 39 Police power of arrest (1) This section applies to an offence against the following provisions— section 32 (Power to require name and address) section 36(4) (Power to deal with persons causing public nuisance etc.). (2) A police officer may arrest a person if— (a) the officer— (i) finds the person committing an offence to which this section applies; or (ii) finds the person in circumstances that lead, or has information that leads, the officer to suspect on reasonable grounds that the person has just committed an offence to which this section applies; and (b) the officer believes on reasonable grounds that a proceeding against the person by way of complaint and summons would be ineffective. 40 Disposal of abandoned property (1) In this section— “abandoned property” means property (including aircraft, vehicles and anything attached to, or contained in, aircraft or vehicles) that a port authority believes on reasonable grounds has been abandoned. (2) If a port authority finds abandoned property at its airport and intends to take action under this section, the authority—
s 40 21 s 40 Transport Infrastructure (Airport Management) Regulation 1994 (a) must take reasonable steps to locate the owner of the property; and (b) may have the property moved to a place it considers appropriate. (3) As soon as practicable but within 14 days after finding the abandoned property and deciding to take action under this section, the authority must give to the owner of the property a written notice describing the property, stating that the property has been found, explaining how it may be recovered and stating that it may be sold or disposed of if it is not recovered. (4) If the owner cannot be located within the 14 days mentioned in subsection (3), the notice may be given by publishing it in a newspaper circulating generally in the State. (5) If a person claims the abandoned property within 1 month after the notice is given, the port authority must return the property to the person if the person— (a) satisfies the port authority that the person is the owner of the property; and (b) pays the expenses reasonably incurred by the authority in dealing with the property under this section. (6) If a person does not claim the abandoned property within 1 month after the notice is given, the port authority may— (a) sell the property; or (b) dispose of the property in the way it considers appropriate if the proceeds of sale of the property are not likely to cover the total of— (i) the expenses reasonably incurred by the authority in selling the property; and (ii) the expenses reasonably incurred by the authority in dealing with the property under this section; and (iii) any charges, interest and other expenses owing to the authority in relation to the property. (7) Despite anything else in this section, if the abandoned property is perishable, the port authority may sell the property immediately if it is impracticable, having regard to the nature and condition of the property, for it to be detained by the authority.
s 40 22 s 40 Transport Infrastructure (Airport Management) Regulation 1994 (8) If the abandoned property is sold, the proceeds of the sale must be applied in the following order— (a) in payment of the expenses reasonably incurred by the port authority in selling the property; (b) in payment of the expenses reasonably incurred by the authority in dealing with the property under this section; (c) in payment of any charges, interest and other expenses owing to the authority in relation to the property; (d) in payment of any balance to the owner. (9) If the proceeds of the sale are less than the total of the expenses mentioned in subsection (8)(a), (b) and (c), the difference is a debt payable to the port authority by the owner. (10) Despite anything else in this section, if the abandoned property has no value or insufficient value to justify its sale, the authority may dispose of the property in the way it considers appropriate. (11) Compensation is not recoverable against the port authority for a payment under this section.
23 Transport Infrastructure (Airport Management) Regulation 1994 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 15 March 2002. Future amendments of the Transport Infrastructure (Airport Management) Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered
24 Transport Infrastructure (Airport Management) Regulation 1994 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 1A 1B 1C Amendments included none to SL No. 95 of 1997 to SL No. 286 of 1999 to SL No. 94 of 2000 Reprint date 20 July 1994 2 May 1997 6 January 2000 2 June 2000 5 List of legislation Transport Infrastructure (Airport Management) Regulation 1994 SL No. 254 made by the Governor in Council on 30 June 1994 notfd gaz 1 July 1994 pp 1170–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1994 (see s 2) exp 1 September 2004 (see SIA s 54) amending legislation— Transport Infrastructure Legislation Amendment Regulation (No. 1) 1997 SL No. 95 pts 1, 3 notfd gaz 18 April 1997 pp 1621–2 commenced on date of notification Road Transport Reform Regulation 1999 SL No. 286 ss 1, 2(2), 4 sch 2 notfd gaz 19 November 1999 pp 1149–52 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 1999 (see s 2(2)) Transport Infrastructure Legislation Amendment Regulation (No. 1) 2000 SL No. 94 pts 1–2 notfd gaz 26 May 2999 pp 296–7 commenced on date of notification Transport Legislation Amendment Regulation (No. 1) 2002 SL No. 32 pts 1, 3 notfd gaz 1 March 2002 pp 850–2 commenced on date of notification 6 List of annotations Definitions s 3 def “airport notice” sub 1997 SL No. 95 s 8(1) def “indication” amd 1999 SL No. 286 s 4 sch 2
25 Transport Infrastructure (Airport Management) Regulation 1994 def “official traffic sign” amd 1999 SL No. 286 s 4 sch 2 def “requirement” amd 1997 SL No. 95 s 8(2) Airport notices generally s 14 amd 1997 SL No. 95 s 9 Airport notice may refer to documents held by port authority s 15 sub 1997 SL No. 95 s 10 amd 2000 SL No. 94 s 3 Noncompliance with directions s 21 amd 2002 SL No. 32 s 5 Damaging etc. airport notices s 37 amd 1997 SL No. 95 s 11 PART 6—TRANSITIONAL PROVISIONS pt hdg exp 1 January 1995 (see s 43) Authorised officers s 41 exp 1 January 1995 (see s 43) Airport charges s 42 exp 1 January 1995 (see s 43) Expiry of Part s 43 exp 1 January 1995 © State of Queensland 2005