1Short title
This Act may be cited as the Airports Act 1996.
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This Act may be cited as the Airports Act 1996.
This Act commences on the day on which it receives the Royal Assent.
The objects of this Act are as follows:
to promote the sound development of civil aviation in Australia;
to establish a system for the regulation of airports that has due regard to the interests of airport users and the general community;
to promote the efficient and economic development and operation of airports;
to facilitate the comparison of airport performance in a transparent manner;
to ensure majority Australian ownership of airports;
to limit the ownership of certain airports by airlines;
to ensure diversity of ownership and control of certain major airports;
to implement international obligations relating to airports.
The following is a simplified outline of this Act:
• This Act sets up a system for regulating airports.
• A Commonwealth‑owned airport can only be leased to a company. The company is called an airport‑lessee company.
• There will only be one airport‑lessee company for each airport and the company will not be allowed to lease another airport.
• An airport‑lessee company’s sole business will be to run the airport.
• An airport‑lessee company can contract out the management of the airport to another company. The other company is called an airport‑management company.
• This Act uses the term airport‑operator company to cover both airport‑lessee companies and airport‑management companies.
• Airport‑operator companies are subject to the following ownership restrictions:
a 49% limit on foreign ownership;
a 5% limit on airline ownership for certain airports;
a 15% limit on cross‑ownership for Sydney (Kingsford‑Smith)/Melbourne, Sydney (Kingsford‑Smith)/Brisbane and Sydney (Kingsford‑Smith)/Perth airports.
• For each airport, there will be an airport master plan.
• Major development plans will be required for significant developments at airports.
• Building activities on airport sites will require approval.
• Buildings and structures on airport sites must be certified as complying with the regulations.
• For each airport, there will be an environment strategy.
• The regulations may deal with environmental standards at airport sites.
• An airport‑operator company may be required to give accounts and reports to the Australian Competition and Consumer Commission.
• The regulations may require the Australian Competition and Consumer Commission to monitor the quality of certain aspects of airport services and facilities.
• Airport‑lessee companies must give written consent before airport sites are varied or closed.
• The regulations may implement certain international agreements relating to airports.
• The regulations may deal with the control of the following matters at airports:
liquor;
commercial trading;
vehicle movements;
gambling;
smoking.
• The regulations may control intrusions into prescribed airspace around airports.
• The Minister may formulate demand management schemes for airports.
• Air traffic services, and aerodrome rescue and fire fighting services, must not be provided at airports without the approval of the Civil Aviation Safety Authority.
In this Act, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
agreement means any agreement, whether formal or informal and whether express or implied.
aircraft means a machine or craft that can derive support in the atmosphere from the reactions of the air.
aircraft movement means:
the landing of an aircraft at an airport; or
the taking off of an aircraft from an airport.
airline means a person who carries on a commercial air transport enterprise that involves offering or operating scheduled or chartered air services.
airport means an airport in Australia.
airport capacity declaration has the meaning given by section 195.
airport lease:
means a lease of the whole or a part of an airport site, where the Commonwealth is the lessor; and
when used in relation to an airport—means a lease of the whole or a part of the airport site of the airport, where the Commonwealth is the lessor.
airport‑lessee company means a company that holds an airport lease.
airport‑management agreement has the meaning given by section 33.
airport‑management company means a company that is a party to an airport‑management agreement with an airport‑lessee company.
airport‑operator company means an airport‑lessee company or an airport‑management company.
airport plan for Sydney West Airport means a plan under Division 4A of Part 5.
airport site means a place that is:
declared by the regulations to be an airport site; and
a Commonwealth place; and
used, or intended to be developed for use, as an airport (whether or not the place is used, or intended to be developed for use, for other purposes).
The boundaries of an airport site are ascertained in accordance with the regulations.
Airside Vehicle Control Handbook for an airport has the meaning given by subsection 172(2).
ancillary development has the meaning given by section 96L.
approved auditor has the meaning given by section 144.
associated site for Sydney West Airport has the meaning given by section 96L.
Australia, when used in a geographical sense, includes the external Territories.
Australian Noise Exposure Forecast, for an airport, means an Australian Noise Exposure Forecast endorsed in the manner approved by the Minister.
building activities has the meaning given by subsection 98(1).
business day, in relation to an airport, means a day that is not:
a Saturday; or
a Sunday; or
a public holiday in:
the place where the airport is situated; or
the Australian Capital Territory; or
27, 28, 29, 30 or 31 December.
Commonwealth place means:
a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; or
a place in a Territory, where the place is owned by the Commonwealth.
company means a body corporate.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constructing has the meaning given by subsection 89(2A).
core regulated airport has the meaning given by section 7.
declared capacity, in relation to an airport, has the meaning given by section 195.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
demand management scheme has the meaning given by section 201.
draft master plan means a draft master plan under Division 3 of Part 5.
engage in conduct means:
do an act; or
omit to perform an act.
Environment Minister means the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.
environment strategy means an environment strategy in a draft or final master plan.
Federal Court means the Federal Court of Australia.
final master plan means a final master plan under Division 3 of Part 5.
Infrastructure Minister means the Minister who administers this Act.
interest, in relation to an airport lease, means a right or interest, whether legal or equitable, in the airport lease, by whatever term called, and includes an option to acquire such a right or interest in the airport lease, but to avoid doubt, does not include, and is taken never to have included:
a sublease; or
a licence; or
an easement or other incorporeal hereditament; or
a restrictive covenant.
international air transport means air transport between a place in Australia and a place outside Australia.
interstate air transport includes air transport between a State and a Territory or between 2 Territories.
joint‑user airport has the meaning given by section 7B.
lender, in relation to a loan security, means the person who is entitled to enforce the security.
lending money includes providing non‑equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money.
loan security means a security held solely for the purposes of a moneylending agreement.
major airport development has the meaning given by section 89.
major development plan means a major development plan under Division 4 of Part 5.
moneylending agreement means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business.
pair of airport‑operator companies has the meaning given by section 49.
qualified company means a company that:
is a constitutional corporation; and
is incorporated, or taken to be incorporated, under the Corporations Act 2001; and
has a share capital.
quality of service matter has the meaning given by subsection 156(7).
scheme means:
any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
sensitive development has the meaning given in section 71A.
significant ANEF levels means a noise above 30 ANEF levels.
State includes:
the Australian Capital Territory; and
the Northern Territory.
Sydney West Airport completion day has the meaning given by section 112B.
this Act includes the regulations.
unacceptable airline‑ownership situation has the meaning given by section 44.
unacceptable cross‑ownership situation has the meaning given by section 50.
unacceptable foreign‑ownership situation has the meaning given by section 40.
The Schedule sets out definitions of expressions used in Part 3 (which deals with ownership restrictions).
vehicle has the meaning given by subsection 172(2).
For the purposes of paragraph (a) of the definition of airport site, if the identification number for a certificate of title for a place is changed, without the boundaries of the place being changed, a reference in this Act or the regulations to the identification number includes a reference to the identification number as changed.
For the purposes of this Act, Sydney West Airport is taken to be an airport at a particular time even if, at that time, it is:
merely intended to be developed for use as an airport; or
being developed for use as an airport.
For the purposes of this Act, each of the following airports is a core regulated airport:
Sydney (Kingsford‑Smith) Airport;
Sydney West Airport;
Melbourne (Tullamarine) Airport;
Brisbane Airport;
Perth Airport;
Adelaide Airport;
Gold Coast Airport;
Hobart International Airport;
Launceston Airport;
Alice Springs Airport;
Canberra Airport;
Darwin International Airport;
Townsville Airport;
an airport specified in the regulations, where the site of the airport is a Commonwealth place.
For the purposes of paragraph (1)(n), the boundaries of the site of an airport are to be ascertained in accordance with the regulations.
A reference in this Act to a transfer by way of the enforcement of a loan security is a reference to a transfer to the lender by way of the enforcement of the loan security.
A reference in this Act to an acquisition by way of the enforcement of a loan security is a reference to the acquisition by the lender by way of the enforcement of the loan security.
This section is enacted for the avoidance of doubt.
For the purposes of this Act, each of the following airports is a joint‑user airport:
Darwin International Airport;
Townsville Airport;
an airport specified in the regulations, where the site of the airport is a Commonwealth place.
For the purposes of this Act, Canberra Airport is a joint‑user airport. However, the regulations may declare that, for the purposes of this Act, Canberra Airport ceases to be a joint‑user airport at a specified time.
For the purposes of paragraph (1)(c), the boundaries of the site of an airport are to be ascertained in accordance with the regulations.
To avoid doubt, a reference in section 9 of the Electronic Transactions Act 1999 to giving information includes, for the purposes of this Act, a reference to giving:
a draft master plan or a draft major development plan; or
a draft variation of a final master plan or a major development plan.
This Act binds the Crown in the right of the Commonwealth and of each of the States.
This Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to all the external Territories.
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