Airports Act 1996

If:

a person acquires an airport lease; and

the acquisition is by way of the enforcement of a loan security;

within 90 days after acquiring the lease; or

if a longer period is specified in a written notice given to the person by the Minister—within that longer period.

If:

an airport lease is subject to a loan security; and

the lender enters into possession of the land to which the lease relates; and

the entry into possession is by way of the enforcement of the loan security;

within 90 days after the lender entered into possession; or

if a longer period is specified in a written notice given to the lender by the Minister—within that longer period.

A person commits an offence if:

the person is subject to a requirement to transfer a lease under subsection (1) or (1A); and

the person engages in conduct; and

the person’s conduct contravenes the requirement.

Strict liability applies to paragraph (2)(a).

For strict liability, see section 6.1 of the Criminal Code.

If:

a person contravenes subsection (1) or (1A) in relation to an airport lease; and

the Minister applies to the Federal Court for an order terminating the lease;

In deciding whether to make such an order, the court must have regard to:

whether the person made reasonable efforts to obtain the Minister’s approval for the transfer of the lease to another person; and

the reasonableness of the Minister’s decisions under paragraph (1)(d) or (1A)(e) in relation to the lease; and

such other matters (if any) as the court considers relevant.