Compilation #9 | Effective 2024-10-14
FRBR Work URI: /akn/au/act/1995/134
This Act may be cited as the Curfew Act 1995.
This Act commences:
if the 28th day after the day on which this Act receives the Royal Assent is a Sunday—at on that Sunday; or
otherwise—at on the first Sunday after that 28th day.
In this Act, the following terms have the meanings set out below:
aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.
Airservices Australia means the body called Airservices that is established by the Air Services Act 1995.
air traffic controller has the meaning given by the regulations.
includes all the external Territories.
authorised person means:
the Secretary of the Department; or
a person appointed in writing by the Secretary to be an authorised person for the purposes of this Act; or
a person included in a class of persons appointed in writing by the Secretary to be authorised persons for the purposes of this Act.
curfew period has the meaning given by section 6.
engage in conduct means:
do an act; or
omit to perform an act.
international airline licence means an international airline licence granted as mentioned in subsection 12(1) of the Air Navigation Act 1920.
land—an aircraft lands when it touches the ground.
maximum take-off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take-off weight.
noise certificate has the meaning given by the regulations.
operator of an aircraft means a person who conducts an aircraft operation using the aircraft.
means the airport known as Sydney (Kingsford-Smith) Airport.
take off—an aircraft takes off when it leaves the ground.
the Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at on 7 December 1944, as amended and in force from time to time.
week means a period of 7 days starting at on a Sunday.
Chapter 2 (other than Criminal Code applies to all offences created by this Act.Part 2.5) of the
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
The diagram below shows the runways at .
The following runway names are used in this Act:
(a) runway 16R—this is the name for the runway marked A when used for a take-off to the south;
(b) runway 34L—this is the name for the runway marked A when used for a landing from the south;
(c) runway 16L—this is the name for the runway marked B when used for a take-off to the south.
References in this Act to time are references to legal time in .
A curfew period starts at on a day and ends at on the next day.
An aircraft must not take off from, or land at, during a curfew period, unless the take off or landing is permitted under Part 3.
The operator of an aircraft commits an offence if:
the operator engages in conduct; and
the operator’s conduct results in a contravention of subsection (1).
Penalty: 1,000 penalty units.
Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
If an aircraft lands at during a curfew period using reverse thrust greater than idle reverse thrust, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the landing.
The operator of an aircraft commits an offence if:
the operator engages in conduct; and
the operator’s conduct results in a contravention of subsection (1).
Penalty: 50 penalty units.
Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
The return must:
state the date and time of the landing; and
state the aircraft’s registration mark, its operator, and its type; and
state the reason why reverse thrust greater than idle reverse thrust was used during the landing; and
be lodged by giving the return to an authorised person at a prescribed address.
The operator of an aircraft should not plan to land the aircraft at during a curfew period if the operator is aware that the landing would require the use of reverse thrust greater than idle reverse thrust.
The pilot of an aircraft landing at during a curfew period should use only the minimum reverse thrust necessary for a safe landing.
If an aircraft attempts to land at during a curfew period but misses the approach, the operator of the aircraft must lodge a return in accordance with subsection (3) within 7 days after the attempted landing.
The operator of an aircraft commits an offence if:
the operator engages in conduct; and
the operator’s conduct results in a contravention of subsection (1).
Penalty: 50 penalty units.
Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
The return must:
state the date and time of the attempted landing; and
state the aircraft’s registration mark, its operator, and its type; and
state the reasons for missing the approach, including the wind conditions prevailing at the time; and
state the down wind limits for landing specified in the aircraft’s flight manual; and
be lodged by giving the return to an authorised person at a prescribed address.
An aircraft taking off from between and must take off from runway 16L or runway 16R unless the take-off is permitted under Division 2 of Part 3.
The operator of an aircraft commits an offence if:
the operator engages in conduct; and
the operator’s conduct results in a contravention of subsection (1).
Penalty: 500 penalty units.
Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
An aircraft taking off from between and , or between and , on a Saturday or Sunday must take off from runway 16L or 16R unless:
it takes off from another runway that has been nominated by an air traffic controller (provided the take-off does not contravene subsection 10(1)); or
the take-off is permitted under Division 2 of Part 3.
An aircraft landing at Sydney Airport between 6 am and 7 am, or between 10 pm and 11 pm, on a Saturday or Sunday must land on runway 34L unless:
it lands on another runway that has been nominated by an air traffic controller; or
the landing is permitted under Division 2 of Part 3.
The operator of an aircraft commits an offence if:
the operator engages in conduct; and
the operator’s conduct results in a contravention of subsection (1) or (2).
Penalty: 100 penalty units.
Strict liability applies to paragraph (3)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
At the end of each month, Airservices must give the Secretary a written report setting out:
the number of times (if any) during the month that air traffic controllers nominated runways as mentioned in paragraphs (1)(a) and (2)(a); and
the reasons for nominating those runways.
(1) For the purposes of this section, an aircraft is an international passenger aircraft on take-off from, or landing at, if:
the aircraft is being used to carry passengers for hire or reward in an air service that is covered by an international airline licence; and
for a take-off from Sydney Airport—the first port of call of the aircraft after taking off from Sydney Airport is outside Australia; and
for a landing at Sydney Airport—the last port of call of the aircraft before landing at Sydney Airport was outside Australia.
An international passenger aircraft may take off from, or land at, Sydney Airport between 11 pm and midnight, or may land at Sydney Airport between 5 am and 6 am, if:
the take-off or landing is covered by a timetable prescribed by the regulations; and
the take-off or landing has been approved under subsection (4); and
for a take-off—the take-off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and
for a landing—the landing is on runway 34L; and
the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take-off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft).
On written application by the holder of an international airline licence, the Secretary of the Department may, in writing, approve a take-off from, or landing at, Sydney Airport between 11 pm and midnight on a specified day, or a landing at Sydney Airport between 5 am and 6 am on a specified day, if:
granting the approval is consistent with the quota requirements in whichever of subsections (8) and (9) applies; and
the Secretary is satisfied that approving the take-off or landing during that period on that day is justified because:
there are curfew constraints at overseas airports or there is a lack of capacity at outside curfew periods; and
there is no alternative airport in the area with capacity to accommodate the take-off or landing.
An application for approval under subsection (4) must set out the reasons why the applicant thinks the approval should be granted, having regard in particular to paragraph (4)(b).
The Secretary may defer making the decision on an application for approval until the applicant has provided such further information relevant to making the decision as the Secretary requires.
Application may be made to the Administrative Review Tribunal for review of a decision to refuse to grant an approval.
These are the quota requirements that apply to take-offs and landings between and :
during a week, the total number of take-offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight must not exceed 14, or such lower number as is prescribed; and
the total number of take-offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight on a day must not exceed 4, or such lower number as is prescribed.
These are the quota requirements that apply to landings between and :
during a week, the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am must not exceed 35, or such lower number as is prescribed; and
the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am on a day must not exceed 7, or such lower number as is prescribed.
In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.
Subject to section 17, an aircraft of the type known as Bae-146 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may take off from, or land at, during a curfew period if:
the aircraft is being used solely for the purpose of carrying freight; and
the take-off or landing will not breach the quota requirements in subsection (3); and
for a take-off—the take-off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and
for a landing—the landing is on runway 34L.
Subject to 5 May 1996, take off from, or land at, during a curfew period if:section 17, an aircraft of the type known as DC9 that is registered in the name of, or being operated by or on behalf of, a person specified in the regulations may, on or before
the aircraft is being used solely for the purpose of carrying freight; and
the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take-off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and
the take-off or landing will not breach the quota requirements in subsection (4); and
for a take-off—the take-off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and
for a landing—the landing is on runway 34L.
These are the quota requirements that apply to take-offs and landings of aircraft of the type known as Bae-146:
during a week, the total number of take-offs and landings (treated jointly) of aircraft of that type at during curfew periods must not exceed:
if the week ends on or before 5 May 1996—65, or such lower number as is prescribed; or
if the week ends after 5 May 1996—74, or such lower number as is prescribed; and
the take-off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.
These are the quota requirements that apply to take-offs and landings, on or before 5 May 1996, of aircraft of the type known as DC9:
during a week, the total number of take-offs and landings (treated jointly) of aircraft of that type at Sydney Airport during curfew periods must not exceed 6, or such lower number as is prescribed; and
the take-off or landing must not breach any limit imposed by regulations that divide the upper limit applicable under paragraph (a) so as to impose separate limits in relation to aircraft registered in the name of, or operated by or on behalf of, specified persons.
In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.
Subject to section 17, a propeller-driven aircraft that:
has a maximum take-off weight of 34,000 kilograms or less; and
complies with the maximum noise levels specified in Chapter 3, 5 (other than paragraph 5.1.3), 6 or 10 of the Annex that are applicable to aircraft of the class to which the aircraft belongs;
may:
take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or
land on runway 34L during a curfew period.
Subject to section 17, a jet aircraft of a type specified in a legislative instrument made under subsection (2) may:
take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or
land on runway 34L during a curfew period.
Subject to subsections (5) and (6), the Minister may, by legislative instrument, specify a type of jet aircraft that:
has a maximum take-off weight of 34,000 kilograms or less; and
complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take-off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and
complies with the 90-95 noise level rule specified in subsection (3).
A type of aircraft complies with the 90-95 rule if aircraft of that type have a noise level that:
on take-off:
does not exceed 90 EPNdB; or
if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise—does not exceed 92 EPNdB; and
on landing:
does not exceed 95 EPNdB; or
if the amount in excess of 95 EPNdB is offset by a maximum noise level on take-off that is correspondingly lower than the amount specified in subparagraph (a)(i)—does not exceed 97 EPNdB.
(4) In subsection (3), noise level, expressed as a figure of EPNdB, means the effective perceived noise in decibels:
measured by reference to the test procedures specified in Chapter 3 of the Annex; and
certified in a noise certificate.
The consultation procedures set out in the Schedule apply if the Minister proposes to make a legislative instrument under subsection (2).
An aircraft may take off from runway 16R during a curfew period if it received taxi clearance for the take-off before the start of the curfew period.
Sections 13, 14 and 15 do not apply to a take-off or landing that occurs on or after the date specified by the Minister by notice in the Gazette as the date on which the airport to be constructed at the site known as Badgerys Creek is able to be used for night aircraft movements.
An aircraft may take off from, or land at, in circumstances that would otherwise contravene section 7, 10 or 11 if:
the aircraft is involved in an emergency as described in section 19; or
a dispensation granted by the Minister under section 20 authorises the take-off or landing and the take-off or landing is in accordance with any conditions of the dispensation; or
(c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the aircraft is being used for or in connection with the emergency to which the declaration relates.
An aircraft is involved in an emergency if:
the aircraft is being used for or in connection with:
a search and rescue operation; or
a medical emergency; or
a natural disaster; or
the pilot of the aircraft has declared an in-flight emergency; or
the aircraft has insufficient fuel to be diverted to another airport; or
there is an urgent need for the aircraft to land or take off:
to ensure the safety or security of the aircraft or any person; or
to avoid damage to property.
The Minister may grant a dispensation authorising an aircraft to take off from, or land at, in circumstances that would otherwise contravene section 7, 10 or 11 if the Minister is satisfied that there are exceptional circumstances justifying the take- off or landing.
A dispensation may be granted subject to conditions including, for example, conditions relating to when the take-off or landing must occur and the runway to be used.
In granting dispensations, the Minister must have regard to guidelines made under subsection (5).
A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.
The Minister must, by legislative instrument, make guidelines about the granting of dispensations under this section including, in particular:
what constitutes exceptional circumstances; and
the conditions to which dispensations should be subject.
The consultation procedures set out in the Schedule apply if the Minister proposes to make guidelines under subsection (5).
An authorised person may, by notice in writing given to the operator of an aircraft, require the operator to give the authorised person, within 30 days of receiving the notice:
information relating to the noise level of the aircraft; or
information relevant to determining whether a take-off or landing of the aircraft was permitted by paragraph 18(a) (emergencies).
The operator must not fail to comply with the notice.
Penalty: 50 penalty units.
Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).
Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.
This section does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.
The operator of an aircraft must not, for a purpose connected with this Act, give information to an authorised person that is false or misleading in a material particular.
Penalty: 50 penalty units.
Note 1: If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914).
Note 2: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.
The consultation procedures set out in the Schedule apply if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.
If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.
The Minister may, in writing, delegate the Minister’s powers to grant dispensations under section 20 to:
the Secretary of the Department; or
an officer of the Department; or
an employee of Airservices .
The Secretary of the Department may, in writing, delegate the Secretary’s powers to grant approvals under section 12 to an officer of the Department.
If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:
that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and
that the director, employee or agent had the state of mind.
Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:
that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and
that the employee or agent had the state of mind.
Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
In this section:
director, in relation to a body that:
is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and
is constituted by one or more members;
means the member, or any of the members, constituting the body.
engage in conduct includes fail or refuse to engage in conduct.
offence against this Act includes the following:
(a) an offence against Crimes Act 1914 that relates to an offence against this Act;section 6 of the
(b) an offence against Criminal Code.section 11.1, 11.4 or 11.5 of the
state of mind, in relation to a person, includes:
the person’s knowledge, intention, opinion, belief or purpose; and
the person’s reasons for the intention, opinion, belief or purpose.
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Schedule—Consultation procedures
Section 15, 20 and 23
Clauses 3 to 6 of this Schedule set out the consultation procedures that apply if:
the Minister proposes to make a legislative instrument under subsection 15(2) of this Act; or
the Minister proposes to make guidelines under subsection 20(5) of this Act; or
the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.
The Minister may, by notice in the Gazette, determine that a specified body or organisation sufficiently represents the interests of those likely to be affected by proposed actions to which clauses 3 to 6 apply.
The Minister must prepare a written proposal containing:
a summary of the action that the Minister is proposing to take; and
a statement of the reasons for that proposed action; and
a broad indication of the relative costs and benefits to the Government and to the affected public of that proposed action.
The Minister must cause a notice complying with subclause (2) to be published in a daily newspaper circulating in the metropolitan area.
The notice must:
state the Minister’s intention to take the proposed action; and
describe the manner in which copies of the written proposal can be obtained or inspected; and
invite the public to make written submissions on the proposal and indicate the period within which (not being less than 21 days after the notice is published), and the place at which, written submissions may be made.
If a notice specifying a body or organisation under clause 2 is in force, the Minister must:
give a copy of the written proposal to the body or organisation; and
invite the body or organisation to make written submissions on the proposal and indicate the period within which (not being less than 21 days after receipt of the written proposal), and the place at which, written submissions may be made.
The Minister must consider all written submissions received within the periods specified as required by paragraphs 4(2)(c) and 5(b) before taking the action to which the submissions relate.
A failure to comply with this Schedule does not affect the validity of an amendment of this Act, of a legislative instrument made under subsection 15(2) or of a legislative instrument making guidelines under subsection 20(5).
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history