Definitions
5 Definitions
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.
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