Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_70e
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 70E
Character Range: 49700–52409

70E  Publication of information

Scope
 (1) This section applies to the following persons (each an information holder):
 (a) the Minister;
 (b) the Department;
 (c) *Airservices Australia;
 (d) an airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport;
 (e) the *Slot Manager;
 (f) the *Compliance Committee;
 (g) a person who holds, or who has held, slots under the *Slot Management Scheme;
 (h) any other person prescribed by regulations made for the purposes of this paragraph.

Regulations about publication of information
 (2) The regulations may make provision in relation to publishing information held by, or under the control of, an information holder that is relevant to:
 (a) the allocation or use of slots at Sydney Airport; or
 (b) *gate movements at Sydney Airport; or
 (c) compliance with this Act;
 (d) administering or enforcing a civil penalty provision of this Act; or
 (e) performing functions, or exercising powers, under or for the purposes of this Act.
 (3) The regulations may make provision in relation to the following matters:
 (a) information that must, or must not, be published;
 (b) how information is to be published;
 (c) the circumstances in which an information holder is subject to an obligation to publish information.
 (4) Subsection (3) does not limit:
 (a) the matters for which the regulations may make provision; or
 (b) subsection 33(3A) of the Acts Interpretation Act 1901.

Civil penalty—publication obligations
 (5) A person is liable to a civil penalty if:
 (a) the person is an information holder mentioned in paragraph (1)(d), (g) or (h); and
 (b) regulations made for the purposes of subsection (2) impose an obligation on the information holder in relation to publishing information; and
 (c) the information holder fails or refuses to comply with the obligation.
Civil penalty: 60 penalty units.

Exception—information holder not capable of complying
 (6) Subsection (5) does not apply to the extent that the information holder is not capable of complying with the obligation.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Commercially sensitive information
 (7) An information holder is not excused from complying with an obligation under this section to publish information merely because the information is or contains *commercially sensitive information.

Protection from civil proceedings
 (8) An information holder is not liable to an action, suit or other civil proceeding for or in relation to the publication, in good faith, of information in compliance, or purported compliance, with an obligation under this section.