Commonwealth Numbered Regulations - Explanatory Statements

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COMMONWEALTH PLACES (APPLICATION OF LAWS) AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 183

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 183

Issued by the Authority of the Attorney-General

Commonwealth Places (Application of Laws) Act 1970

Commonwealth Places (Application of Laws) Amendment Regulations 2002 (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 that the Governor-General may make regulations to disapply, or to deem not to have applied in a specific period, 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 Regulations 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 Amendment Regulations preserve, until 30 June 2003, a liquor authorisation originally granted by the Federal Airports Corporation and subsequently continued by the Sydney Airports Corporation Ltd and the Department of Transport and Regional Service, 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 Amendment Regulations enable the Winery to continue operation until 30 June 2003, without breaching the provisions of the New South Wales law.

The Regulations, which amend Regulation 3 of the previous Regulations, commenced on 1 August 2002.


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