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This Act may be cited as the Airports (Transitional) Act 1996.
This Act commences on the day on which it receives the Royal Assent.
The following is a simplified outline of this Act:
• This Act provides for the leasing of certain airports.
• Airport land and other airport assets will be transferred from the Federal Airports Corporation (FAC) to the Commonwealth.
• The Commonwealth will grant an airport lease to a company. The company is called an airport‑lessee company.
• Immediately after the grant of the airport lease, the Commonwealth may transfer or lease certain assets to the airport‑lessee company.
• Certain employees, assets, contracts and liabilities of the FAC will be transferred to the airport‑lessee company.
In this Act, unless the contrary intention appears:
airport has the same meaning as in the Airports Act 1996.
airport lease has the same meaning as in the Airports Act 1996.
airport‑lessee company has the same meaning as in the Airports Act 1996.
airport site has the same meaning as in the Airports Act 1996.
asset means:
any legal or equitable estate or interest in real or personal property, including a contingent or prospective one; and
any right, privilege or immunity, including a contingent or prospective one.
company means a body corporate.
contract includes:
a deed; and
a deed poll.
employee includes apprentice.
FAC means the Federal Airports Corporation.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
instrument includes a document.
land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
leased, in relation to assets other than land, means let on hire (whether or not described as a lease) under an agreement other than a hire‑purchase agreement.
liability means a liability or duty, including a contingent or prospective one.
sale time, in relation to an airport‑lessee company, has the meaning given by section 6.
share, in relation to a company, means a share in the company’s share capital.
transferred employee means a person whose employment is transferred in accordance with a declaration under section 58.
transfer time, in relation to an employee, has the meaning given by section 58.
voting share has the same meaning as in the Corporations Act 2001.
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.
This section applies to:
an airport‑lessee company that was granted an airport lease under section 21; or
an airport‑lessee company that was granted an airport lease under section 22, where, at any time before the grant of the lease, a majority of the voting shares in the company were held by:
the Commonwealth; or
a nominee of the Commonwealth.
If, in the opinion of the Finance Minister, a particular time is the first time after the commencement of this section on which a majority of the voting shares in the company are or were acquired by a person, or persons, other than:
the Commonwealth; or
a nominee of the Commonwealth;
the Finance Minister must, by notice in the Gazette, declare the time to be the sale time for the company.
The declaration has effect accordingly.
The notice must be published within 21 days after the time concerned.
This Act binds the Crown in the right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
This Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to all the external Territories.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
The following is a simplified outline of this Part:
• Airport land and certain other assets and liabilities will be transferred from the FAC to the Commonwealth.
• If airport land is transferred to the Commonwealth, the airport will cease to be a Federal airport for the purposes of the Federal Airports Corporation Act 1986.
• Land transfers may be registered by State/Territory land registration officials.
• If the Commonwealth has a lease of any transferred land, the Commonwealth’s interest under the lease does not merge in the greater estate or interest that becomes vested in the Commonwealth under this Part.
• The Lands Acquisition Act 1989 does not apply to anything done under this Part.
This section applies to land in which the FAC has any right, title or interest.
The Finance Minister may, by written instrument, make any or all of the following declarations:
a declaration that the FAC’s right, title and interest in specified land vests in the Commonwealth without any conveyance, transfer or assignment;
a declaration that a specified instrument relating to specified land continues to have effect after the FAC’s right, title and interest in the land vests in the Commonwealth as if a reference in the instrument to the FAC were a reference to the Commonwealth;
a declaration that the Commonwealth becomes the FAC’s successor in law in relation to the FAC’s right, title and interest in specified land immediately after the FAC’s right, title and interest in the land vests in the Commonwealth.
Land or an instrument may be specified by name, by inclusion in a specified class or in any other way.
A declaration has effect accordingly.
If the FAC’s right, title or interest arises out of a lease, all obligations and benefits of the FAC under, or connected with, the lease:
pass to the Commonwealth; and
cease to be enforceable by or against the FAC;
whether or not the obligations or benefits touch and concern the land.
This section only provides for the transfer of the FAC’s rights, title and interests. Accordingly, it does not affect the continued existence of existing leases or other existing interests.
This section applies to an asset of the FAC (other than land).
The Finance Minister may, by written instrument, make any or all of the following declarations:
a declaration that a specified asset vests in the Commonwealth without any conveyance, transfer or assignment;
a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the Commonwealth as if a reference in the instrument to the FAC were a reference to the Commonwealth;
a declaration that the Commonwealth becomes the FAC’s successor in law in relation to a specified asset immediately after the asset vests in the Commonwealth.
A declaration has effect accordingly.
An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.