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COMMONWEALTH PLACES (APPLICATION OF LAWS) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 25EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 25
Issued by the Authority of the Minister for Transport and Regional Services on behalf of the Attorney-General
Commonwealth Places (Application of Laws) Act 1970
Commonwealth Places (Application of Laws) Amendment Regulations 2001 (No. 1)
Section 22 of the Commonwealth Places (Application of Laws) Act 1970 ("the Act") provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters that by the Act are required or permitted to be described or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 4(6) of the Act provides for the Governor-General to make regulations to disapply specified provisions of the State laws which could ordinarily apply by virtue of subsection 4(1) of the Act in relation to Commonwealth places.
Subsection 33(3A) of the Acts Interpretation Act 1901 provides that a power to make regulations with respect to particular matters shall be construed as including a power to make regulations with respect to a particular class or particular classes of those matters.
The purpose of the Amendment Relations is to disapply the Liquor Act 1982 of New South Wales ("the State Act") to a place that is:
• subject to a lease that authorises the sale of liquor; and
• acquired by the Commonwealth for the construction of a civil airport; and
• not subject to an airport lease under the Airports Act 1996 or the Airports (Transitional) Act 1996.
In addition, the Regulations preserve, until 31 March 2002, a liquor authorisation granted by the Federal Airports Corporation to a winery located at the Badgery's Creek airport development site. The NSW government has indicated that it is not prepared to recognise those entitlements under the State Act as applied law.
The Regulations enable the Winery to continue operation until 31 March 2002, without breaching the provisions of the New South Wales law.
The Regulations, which amend Regulation 3 of the previous Regulations, commence on gazettal.