Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_70d
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 70D
Character Range: 47531–49700

70D  Requirements in relation to records

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

Regulations dealing with records
 (2) The regulations may make provision in relation to records that are 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) keeping records;
 (b) accessing records;
 (c) disposing of records;
 (d) transferring records.
 (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—records
 (5) A person is liable to a civil penalty if:
 (a) the person is a regulated entity (other than the *Compliance Committee); and
 (b) regulations made for the purposes of subsection (2) impose an obligation on the regulated entity in relation to a record; and
 (c) the regulated entity fails or refuses to comply with the obligation.
Civil penalty: 60 penalty units.

Exception—regulated entity not capable of complying
 (6) Subsection (5) does not apply to the extent that the regulated entity 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) A regulated entity is not excused from complying with an obligation under this section to provide access to records merely because the records are or contain *commercially sensitive information.