Airport‑operator company must not carry on non‑airport business
32 Airport‑operator company must not carry on non‑airport business
Airports other than joint‑user airports
An airport‑operator company for an airport (other than a joint‑user airport) must not carry on substantial trading or financial activities other than:
activities relating to the operation and/or development of the airport; or
activities incidental to the operation and/or development of the airport; or
activities that, under the regulations, are treated as activities incidental to the operation and/or development of the airport; or
activities that are consistent with the airport lease for the airport and the final master plan for the airport.
Joint‑user airports
An airport‑operator company for a joint‑user airport must not carry on substantial trading or financial activities other than:
activities connected with the airport; or
activities incidental to activities connected with the airport; or
activities that, under the regulations, are treated as activities incidental to activities connected with the airport; or
activities that are consistent with the airport lease for the airport and the final master plan for the airport.
Offence
A company commits an offence if:
the company is subject to a requirement under subsection (1) or (2); and
the company engages in conduct; and
the company’s conduct contravenes the requirement.
Penalty: 2,000 penalty units.
Strict liability
Strict liability applies to paragraph (3)(a).
For strict liability, see section 6.1 of the Criminal Code.
Loan securities
Subsections (1) and (2) do not apply to an airport‑lessee company for an airport if the company acquired its airport lease or airport leases by way of the enforcement of a loan security.
Validity of transactions
A contravention of this section does not affect the validity of any transaction.
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