Sydney Airport Demand Management Act 1997

This section applies to the following persons (each a regulated entity):

*Airservices Australia;

an airport‑operator company (within the meaning of the Airports Act 1996) for Sydney Airport;

the *Slot Manager;

the *Compliance Committee;

a person who holds, or who has held, slots under the *Slot Management Scheme;

a person prescribed by regulations made for the purposes of this paragraph.

The regulations may make provision in relation to records that are relevant to:

the allocation or use of slots at Sydney Airport; or

*gate movements at Sydney Airport; or

compliance with this Act;

administering or enforcing a civil penalty provision of this Act; or

performing functions, or exercising powers, under or for the purposes of this Act.

The regulations may make provision in relation to the following matters:

keeping records;

accessing records;

disposing of records;

transferring records.

Subsection (3) does not limit:

the matters for which the regulations may make provision; or

subsection 33(3A) of the Acts Interpretation Act 1901.

A person is liable to a civil penalty if:

the person is a regulated entity (other than the *Compliance Committee); and

regulations made for the purposes of subsection (2) impose an obligation on the regulated entity in relation to a record; and

the regulated entity fails or refuses to comply with the obligation.

Subsection (5) does not apply to the extent that the regulated entity is not capable of complying with the obligation.

A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

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.