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Aviation Legislation Amendment Bill (No. 2) 1997
Schedule 2 Amendment of the Airports Act 1996

   

1  Section 5 (definition of joint-user airport )

Repeal the definition, substitute:

joint-user airport has the meaning given by section 7B.

2  After section 7A

Insert:

7B   Meaning of joint-user airport

             (1)  For the purposes of this Act, each of the following airports is a joint-user airport :

                     (a)  Darwin Airport;

                     (b)  Townsville Airport;

                     (c)  an airport specified in the regulations, where the site of the airport is a Commonwealth place.

             (2)  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.

             (3)  For the purposes of paragraph (1)(c), the boundaries of the site of an airport are to be ascertained in accordance with the regulations.

3  Section 11

Omit “have one airport lease”, substitute “lease one airport”.

4  Subsections 16(1) and (2)

Repeal the subsections, substitute:

             (1)  The Commonwealth must not grant a lease of the whole or a part of an airport site to a person who already holds an airport lease or an interest in an airport lease, unless each of those leases relates to the same airport site.

             (2)  The Minister must not approve the transfer of a lease of the whole or a part of an airport site to a person who already holds an airport lease or an interest in an airport lease, unless each of those leases relates to the same airport site.

Note:       The heading to section 16 is altered by omitting “ only one airport lease ” and substituting “ airport leases for only one airport site ”.

5  At the end of subsection 17(1)

Add “, unless those leases relate to the same airport site”.

Note:       The heading to section 17 is replaced by the heading “ Simultaneous grant of leases to the same person must relate to the same airport ”.

6  Subsection 19(1)

Omit “if there is already”, substitute “to a person if another person already holds”.

Note:       The heading to section 19 is altered by omitting “ lease per ” and substituting “ person to hold airport leases for an ”.

7  After subsection 19(1)

Insert:

          (1A)  If there are 2 or more airport leases for the same airport site, the Minister must not approve the transfer of any of those leases unless the Minister is satisfied that, immediately after the transfer of that lease, all of those leases will be held by the same person.

8  Subsection 19(2)

After “grant”, insert “or approval”.

9  At the end of subsection 20(1)

Add “, unless those grants are to the same person”.

Note:       The heading to section 20 is replaced by the heading “ Simultaneous grant of leases relating to the same airport site to be to the same person ”.

10  After section 20

Insert:

20A   Airport leases for an airport site to expire on the same day

                   If there are, or are to be, 2 or more airport leases for the same airport site, the Commonwealth must ensure that the term of each of those leases expires on the same day.

11  After paragraph 24(3)(d)

Insert:

                    (da)  on the grounds set out in subsection 19(1A); or

12  Subsection 32(4)

After “airport-lessee company”, insert “for an airport”.

13  Subsection 32(4)

After “lease”, insert “or airport leases”.

14  Section 73

After “lease”, insert “or airport leases”.

15  Section 74

Omit “lease is”, substitute “lease or airport leases are”.

16  Section 118

After “lease”, insert “or airport leases”.

17  Section 119

Omit “lease is”, substitute “lease or airport leases are”.

18  After subsection 132(3A)

Insert:

          (3B)  Regulations made for the purposes of subsection (1) may make provision for or in relation to fees in respect of applications made in relation to any matter under the regulations.

19  After subsection 133(3B)

Insert:

          (3C)  Regulations made for the purposes of subsection (1) may make provision for or in relation to fees in respect of applications made in relation to any matter under the regulations.

20  At the end of subsection 192(2)

Add:

Note:          For the meaning of airport service , see subsections (4A), (4B) and (5).

21  After subsection 192(4)

Insert:

          (4A)  The ACCC may make a written determination providing that a specified service, or a specified use of a specified facility, at an airport is taken to be an airport service for the purposes of this section.

Note:          A service, use or facility may be specified by name, by inclusion in a specified class or in any other way.

          (4B)  The ACCC may make a written determination providing that a specified service, or a specified use of a specified facility, at an airport is taken not to be an airport service for the purposes of this section.

Note:          A service, use or facility may be specified by name, by inclusion in a specified class or in any other way.

          (4C)  A determination under subsection (4A) or (4B) has effect accordingly.

          (4D)  A determination under subsection (4A) or (4B) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

22  Subsection 192(5)

After “this section”, insert “, unless the contrary intention appears”.

23  Subparagraph 251(4)(b)(iii)

Omit “the airport lease”, substitute “an airport lease”.