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Airports Bill

Contents

1............ Short title............................................................................................

2............ Commencement..................................................................................

3............ Schedule(s).........................................................................................

Schedule 1—Amendment of the Airports (Transitional) Act 1996             

Airports (Transitional) Act 1996                                                                             

Schedule 2—Amendment of the Airports Act 1996                                           

Airports Act 1996                                                                                                      

Schedule 3—Amendment of the Federal Airports Corporation Act 1986                    

Federal Airports Corporation Act 1986                                                              



A Bill for an Act to amend the law relating to airports, and for other purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Airports Legislation Amendment Act 1997 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Schedule(s )

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

   

Airports (Transitional) Act 1996

1  Title

After “ leasing ”, insert “ or sale ”.

2  Section 3

Repeal the section, substitute:

3   Simplified outline

                   The following is a simplified outline of this Act:

•      This Act provides for the leasing or sale of certain airports.

•      In the case of the leasing of an airport:

               (a)     airport land and other airport assets will be transferred from the Federal Airports Corporation (FAC) to the Commonwealth; and

               (b)     the Commonwealth will grant an airport lease to a company (called an airport-lessee company ); and

               (c)     immediately after the grant of the airport lease, the Commonwealth may transfer or lease certain assets to the airport-lessee company; and

               (d)     certain employees, assets, contracts and liabilities of the FAC will be transferred to the airport-lessee company.

•      In the case of the sale of an airport:

               (a)     airport land will be transferred from the FAC to an entity (called the airport-freehold entity ); and

               (b)     certain employees, assets, contracts and liabilities of the FAC will be transferred to the airport-freehold entity.

3  Section 4

Insert:

airport-freehold entity means an entity that holds an estate in fee simple that vested in the entity under section 44B.

4  Section 4

Insert:

core regulated airport has the same meaning as in the Airports Act 1996 .

5  Section 4

Insert:

entity means:

                     (a)  a company; or

                     (b)  an individual; or

                     (c)  any other person.

6  After section 6

Insert:

6A   When an entity becomes the owner of an airport

                   For the purposes of this Act, if an estate in fee simple in land used, or intended to be developed for use, as an airport vests in an entity at a particular time under section 44B, the entity is taken to become the owner of the airport at that time.

7  After subsection 11(4) (before the note)

Insert:

             (5)  To avoid doubt, a reference in subsection (4) to a right, title or interest arising out of a lease includes, and is taken to have always included, a reference to a right, title or interest subject to, or otherwise affected by, a lease.

8  After section 18

Insert:

18A   Declarations under this Part may be made in relation to the sale of an airport

                   To avoid doubt, a declaration under this Part may be made in relation to a particular airport even if a declaration under section 44B has been made, or is proposed to be made, in relation to the airport.

9  Paragraphs 20(a), (b), (c), (d) and (e)

Repeal the paragraphs, substitute:

                     (a)  a core regulated airport;

                     (b)  Mt. Isa Airport;

                     (c)  Tennant Creek Airport;

                     (d)  Archerfield Airport;

                     (e)  Essendon Airport;

                    (ea)  Jandakot Airport;

                    (eb)  Moorabbin Airport;

                    (ec)  Parafield Airport;

10  At the end of section 20

Add:

             (2)  This Act does not prevent the making of a declaration under section 44B in relation to an airport mentioned in paragraph (1)(b), (c), (d), (e), (ea), (eb), (ec) or (f).

Note:          The effect of this subsection is that an airport mentioned in paragraph (1)(b), (c), (d), (e), (ea), (eb), (ec) or (f) can be leased or sold.

11  Subsection 21(3) (note)

Repeal the note, substitute:

Note:          If Part 2 of the Airports Act 1996 applies to an airport then, in addition to the requirements of subsection (2) of this section, a grant must comply with the rules in Part 2 of the Airports Act 1996 .

12  Subsection 22(3) (note)

Repeal the note, substitute:

Note:          If Part 2 of the Airports Act 1996 applies to an airport then, in addition to the requirements of subsection (2) of this section, a grant must comply with the rules in Part 2 of the Airports Act 1996 .

13  After Part 7

Insert:

Division 1 Simplified outline

44A   Simplified outline

                   The following is a simplified outline of this Part:

•      Airport land will be transferred from the Federal Airports Corporation (FAC) to an entity (called the airport-freehold entity ).

•      Certain assets, contracts and liabilities of the FAC will be transferred to the airport-freehold entity.

•      If consideration becomes payable by the airport-freehold entity to the Commonwealth for the transfer of any land or other assets:

               (a)     the Commonwealth will pay an amount to the FAC; and

               (b)     the FAC will pay the Commonwealth an equivalent amount by way of return of capital; and

               (c)     the Minister for Finance may determine that the FAC should be paid capital.

Division 2 Transfer of airport land

44B   Transfer of FAC land to a specified entity

             (1)  This section applies to land if:

                     (a)  the FAC holds an estate in fee simple in the land; and

                     (b)  the land is neither used, nor intended to be developed for use, as a core regulated airport.

FAC’s interest in land

             (2)  The Minister for Finance may, by written instrument, declare that the FAC’s right, title and interest in specified land vests in a specified entity at a specified time without any conveyance, transfer or assignment.

             (3)  The Minister for Finance may, by written instrument, declare 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 a specified entity as if a reference in the instrument to the FAC were a reference to the entity.

             (4)  The Minister for Finance may, by written instrument, declare that a specified entity 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 entity.

Interests held by the Commonwealth

             (5)  If the Commonwealth has any interest in the land concerned because of section 29 of the Federal Airports Corporation Act 1986 , a declaration under subsection (2) of this section also has the effect of vesting that interest in the entity concerned at the time concerned without any conveyance, transfer or assignment.

Declaration has effect accordingly

             (6)  A declaration under this section has effect accordingly.

Leases

             (7)  If the FAC’s right, title or interest in land is subject to, or otherwise affected by, a lease, all obligations and benefits of the FAC under, or connected with, the lease:

                     (a)  pass to the entity specified in the declaration; and

                     (b)  cease to be enforceable by or against the FAC;

whether or not the obligations or benefits touch and concern the land.

Consideration payable for a transfer

             (8)  Any consideration payable for a transfer under this section is payable to the Commonwealth instead of to the FAC.

Note 1:       Land or an instrument may be specified by name, by inclusion in a specified class or in any other way.

Note 2:       This section only provides for the transfer of the FAC’s rights, title and interests (and certain Commonwealth interests). Accordingly, it does not affect the continued existence of existing leases or other existing interests.

44C   Reservation to the Commonwealth of an interest in the land

             (1)  The Minister for Finance may, by written instrument, declare that the vesting of a right, title or interest in specified land in a specified entity under section 44B is subject to the reservation to the Commonwealth of a specified interest in the land.

             (2)  The following are examples of interests in land that may be specified in a declaration under subsection (1):

                     (a)  an easement in gross over the land;

                     (b)  a restriction on the use of the land, the benefit of which is not annexed to other land.

             (3)  A declaration under this section has effect accordingly.

44D   Transferred airport ceases to be a Federal airport for purposes of the FAC Act

             (1)  This section applies if the FAC’s right, title and interest in particular land vests in an entity under section 44B.

             (2)   If that land is, or is part of, a Federal airport (within the meaning of the Federal Airports Corporation Act 1986 ), that airport ceases to be a Federal airport for the purposes of that Act.

             (3)  If that land is, or is part of, a Federal airport development site (within the meaning of the Federal Airports Corporation Act 1986 ), that site ceases to be such a site for the purposes of that Act.

44E   Transfers of FAC land may be registered

             (1)  This section applies if:

                     (a)  any right, title or interest in particular land vests in an entity under section 44B; and

                     (b)  there is lodged with a land registration official a certificate that:

                              (i)  is signed by an authorised person; and

                             (ii)  identifies the land, whether by reference to a map or otherwise; and

                            (iii)  states that the right, title or interest has become vested in the entity under section 44B.

Note:           Authorised person is defined by subsection (4).

             (2)  The land registration official may:

                     (a)  register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

                     (b)  deal with, and give effect to, the certificate.

             (3)  A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.

             (4)  In this section:

authorised person means:

                     (a)  the Minister for Finance; or

                     (b)  a person authorised by the Minister for Finance, in writing, for the purposes of this section.

44F   Entries in title registers

             (1)  This section applies if a right, title or interest in particular land vests in an entity under section 44B.

             (2)  A land registration official may make such entries or notations in or on registers or other documents kept by the official (in electronic form or otherwise) as the official thinks appropriate for the purposes of drawing the attention of persons to the existence of:

                     (a)  this Act; and

                     (b)  if the vesting is subject to a reservation under section 44C—that reservation.

44G   Lands Acquisition Act does not apply to this Division

                   The Lands Acquisition Act 1989 does not apply in relation to anything done under this Division.

Division 3 Transfer of other FAC assets

44H   Transfer of other FAC assets to a specified entity

             (1)  This section applies to an asset of the FAC (other than land).

             (2)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, a specified asset vests in the entity, immediately after the entity becomes the owner of the airport, without any conveyance, transfer or assignment.

             (3)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, a specified instrument relating to a specified asset continues to have effect after the asset vests in the entity as if a reference in the instrument to the FAC or to the Commonwealth were a reference to the entity.

             (4)   The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, the entity becomes the FAC’s successor in law in relation to a specified asset immediately after the asset vests in the entity.

             (5)  A declaration under this section has effect accordingly.

             (6)   Any consideration payable for the transfer of an asset under this section is payable to the Commonwealth instead of to the FAC.

Note:          An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.

Division 4 Transfer of the FAC’s contractual rights and obligations

44J   Transfer of the FAC’s contractual rights and obligations to a specified entity

             (1)  This section applies to a contract (other than a contract of employment) to which the FAC is a party.

             (2)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, the FAC’s rights and obligations under a specified contract:

                     (a)  cease to be rights and obligations of the FAC immediately after the entity becomes the owner of the airport; and

                     (b)  become rights and obligations of the entity immediately after the entity becomes the owner of the airport.

             (3)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, a specified contract continues to have effect after the entity becomes the owner of the airport as if a reference in the contract to the FAC or to the Commonwealth were a reference to the entity.

             (4)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, a specified instrument relating to a specified contract continues to have effect, after the FAC’s rights and obligations under the contract become rights and obligations of the entity, as if a reference in the instrument to the FAC or to the Commonwealth were a reference to the entity.

             (5)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, the entity becomes the FAC’s successor in law, in relation to the FAC’s rights and obligations under a specified contract, immediately after the FAC’s rights and obligations under the contract become rights and obligations of the entity.

             (6)  A declaration under this section has effect accordingly.

             (7)  This section does not, by implication, limit section 44H.

             (8)  Any consideration payable for a transfer under this section is payable to the Commonwealth instead of to the FAC.

Note:          A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.

Division 5 Transfer of FAC liabilities

44K   Transfer of FAC liabilities to a specified entity

             (1)  This section applies to a liability of the FAC (other than a liability under a contract).

             (2)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, a specified liability:

                     (a)  ceases to be a liability of the FAC immediately after the entity becomes the owner of the airport; and

                     (b)  becomes a liability of the entity immediately after the entity becomes the owner of the airport.

             (3)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, a specified instrument creating a specified liability continues to have effect after the entity becomes the owner of the airport as if a reference in the instrument to the FAC or to the Commonwealth were a reference to the entity.

             (4)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, the entity becomes the FAC’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the entity.

             (5)  A declaration under this section has effect accordingly.

Note:          A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.

Division 6 Treatment of consideration payable by an airport-freehold entity

44L   Commonwealth must pay an amount to the FAC

             (1)  This section applies if an airport-freehold entity pays, or is liable to pay, consideration to the Commonwealth for the transfer of any assets under Division 2, 3 or 4.

             (2)  When that consideration becomes payable, the Commonwealth must pay the FAC an amount determined in writing by the Minister for Finance.

             (3)  The amount payable under subsection (2) is payable by way of the provision of capital for the FAC.

             (4)  If the Commonwealth pays an amount to the FAC under subsection (2), the FAC must pay the Commonwealth an amount equal to that amount.

             (5)  The amount payable under subsection (2) may be set-off against the amount payable under subsection (4).

             (6)  The amount payable under subsection (4) is payable by way of return of capital to the Commonwealth.

44M   Capital for the FAC after consideration becomes payable

             (1)  This section applies if:

                     (a)  an airport-freehold entity pays, or is liable to pay, to the Commonwealth an amount of consideration for the transfer of any assets under Division 2, 3 or 4; and

                     (b)  the Minister for Finance determines in writing that the FAC should be paid a specified amount of capital.

             (2)  The Minister for Finance may authorise the payment by the Commonwealth to the FAC of the specified amount.

44N   Appropriation of Consolidated Revenue Fund

                   The Consolidated Revenue Fund is appropriated for the purposes of this Division.

14  At the end of section 47

Add:

             (3)  To avoid doubt, an airport-freehold entity is not liable to stamp duty or other tax under a law of a State or Territory in respect of:

                     (a)  the execution of the instrument; or

                     (b)  a matter connected with the instrument, if the matter occurred before the entity became the owner of the airport concerned.

Note:       The heading to section 47 is altered by inserting “ or airport-freehold entity ” after “ company ”.

15  After section 48

Insert:

48A   Stamp duty—transfers of assets or liabilities to airport-freehold entities

             (1)  This section applies if, as a result of a declaration under section 44B, 44H, 44J or 44K, an asset or liability is transferred to an entity.

             (2)  This Act does not prevent a law of a State or Territory from imposing a liability to pay an amount of stamp duty or other tax because of that declaration if:

                     (a)  it is reasonable to expect that a corresponding amount of stamp duty or other tax would have been payable under a law of that State or Territory if the asset or liability that was transferred to the entity because of the declaration had instead been transferred to the entity by a written instrument executed by the parties to the transfer; and

                     (b)  the first-mentioned amount does not exceed what it is reasonable to expect that the corresponding amount would have been.

16  At the end of subsection 52(1)

Add:

               ; or (c)  transferred from the FAC to an entity under section 44B, 44H or 44J.

Note:       The heading to section 52 is altered by omitting “ or to an airport-lessee company ” and substituting “ , an airport-lessee company or an airport-freehold entity ”.

17  Part 9 (heading)

Repeal the heading, substitute:

18  Section 57

Omit:

•      If an airport lease is granted to a company, certain employees of the FAC will be transferred to the company.

substitute:

•      If an airport lease is granted to a company, certain employees of FAC will be transferred to the company. If an entity becomes the owner of an airport, certain employees of the FAC will be transferred to the entity.

19  After subsection 58(3)

Insert:

          (3A)  The Minister for Finance may, by written instrument, declare that, in the event that a specified entity becomes the owner of a specified airport under section 44B on a specified day, a specified employee:

                     (a)  ceases to be employed by the FAC immediately after the time when the entity became the owner of the airport; and

                     (b)  is taken to have been engaged by the entity as an employee of the entity immediately after that time.

20  At the end of section 58

Add:

             (7)  If subsection (3A) applies to an employee, the employee’s transfer time occurs immediately after the time when the entity became the owner of the airport.

21  Subsections 59(1) and (2)

After “company” (wherever occurring), insert “or entity”.

22  Section 62

Omit “airport-lessee company” (wherever occurring), substitute “company or entity”.

23  Subsection 82(2)

Before “unless a law”, insert “(within the ordinary meaning of the expression concerned)”.

24  Section 83

Omit:

•      Declarations that are contingent on the grant of an airport lease may be varied or revoked before the grant.

substitute:

•      Declarations that are contingent on the grant of an airport lease may be varied or revoked before the grant. Declarations that are contingent on an entity becoming the owner of an airport may be varied or revoked before the entity becomes the owner.

25  Section 83

Omit:

•      The permission of the Australian Archives is required for the transfer of Commonwealth records to airport-lessee companies.

substitute:

•      The permission of the Australian Archives is required for the transfer of Commonwealth records to airport-lessee companies and airport-freehold entities.

26  Paragraph 85(d)

Omit “or an airport-lessee company”, substitute “, an airport-lessee company or an airport-freehold entity”.

27  After section 88

Insert:

88A   Declarations that are contingent on an entity becoming the owner of an airport may be varied or revoked before the entity becomes the owner

             (1)  This section applies to a declaration under this Act that has effect in the event that a specified entity becomes the owner of a specified airport on a specified day.

             (2)  To avoid doubt, the declaration may be varied or revoked, in accordance with subsection 33(3) of the Acts Interpretation Act 1901 , at any time before the specified day.

28  After paragraph 89(1)(j)

Insert:

                     (ja)  section 44B;

                     (jb)  section 44C;

                     (jc)  section 44H;

                     (jd)  section 44J;

                     (je)  section 44K;

29  At the end of section 91

Add:

             (3)  If an entity becomes the owner of an airport under section 44B of this Act, a Commonwealth record (within the meaning of the Archives Act 1983 ) must not be transferred to the entity in connection with the operation of this Act in relation to the airport unless the Australian Archives has given permission for the transfer under paragraph 24(2)(b) of that Act.

             (4)  Subject to subsections (1) and (2), if an airport lease for an airport is, or has at any time been, granted to a company under section 21 or 22 of this Act, this subsection authorises, and is taken to have always authorised, Commonwealth records (within the meaning of the Archives Act 1983 ) to be transferred to the company in connection with the operation of this Act in relation to the airport.

             (5)  Subject to subsections (1) and (3), if an entity becomes the owner of an airport under section 44B of this Act, this subsection authorises Commonwealth records (within the meaning of the Archives Act 1983 ) to be transferred to the entity in connection with the operation of this Act in relation to the airport.

30  After section 91

Insert:

91A   Legislative Instruments Act does not apply to this Act

                   To avoid doubt, an instrument made under this Act (other than regulations under section 93) is not taken to be a legislative instrument for the purposes of the Legislative Instruments Act 1997 .

31  At the end of clause 1 of Schedule 1

Add:

             (3)  This Schedule applies to an employee of an airport-freehold entity if the employee was transferred to the entity under section 58.

32  Subclause 2(2) of Schedule 1 (paragraph (b) of the definition of combined service period )

Omit “company”, substitute “airport-lessee company or airport-freehold entity”.

33  Clause 4 of Schedule 1

After “airport-lessee company” (first and second occurring), insert “or airport-freehold entity”.

34  After subclause 4(6) of Schedule 1

Insert:

          (6A)  If the employee continues to be employed by an airport-freehold entity after the employee’s transfer time until his or her combined service period is at least 10 years, the entity may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subclause 7(1).

          (6B)  If:

                     (a)  the employee stops being an employee of an airport-freehold entity on or after reaching the minimum retirement age, or because of retrenchment; and

                     (b)  the employee’s combined service period at the time when he or she stops being an employee of the entity is at least one year;

the entity may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subclause 7(1).

          (6C)  If a period of long service leave may be granted to an employee under subclause (6A) or (6B), the airport-freehold entity may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the first-mentioned period.

          (6D)  Long service leave granted in the circumstances set out in subclause (6B) is to be taken so as to end immediately before the employee stops being an employee.

35  Clause 5 of Schedule 1

After “airport-lessee company” (first and second occurring), insert “or airport-freehold entity”.

36  After subclause 5(7) of Schedule 1

Insert:

          (7A)  Subject to subclause (7D), if the employee stops being an employee of an airport-freehold entity on or after the day on which his or her combined service period reaches 10 years, the entity must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).

          (7B)  Subject to subclause (7D), if:

                     (a)  at a particular time, the employee stops being an employee of an airport-freehold entity on or after reaching the minimum retiring age, or because of retrenchment; and

                     (b)  at that time, the employee’s combined service period is at least one year;

the entity must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).

          (7C)  Subject to subclause (7D), if:

                     (a)  the employee stops being an employee of an airport-freehold entity; and

                     (b)  the entity is satisfied that the employee left the entity because of ill-health that justified his or her so leaving; and

                     (c)  when the employee left, his or her combined service period was at least one year;

the entity must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).

          (7D)  An employee may, by written notice given to an airport-freehold entity before the employee stops being an employee of the entity:

                     (a)  request the entity not to make a payment to the employee under this clause; or

                     (b)  request the entity to make a payment under subclause (7A), (7B) or (7C) of a stated amount that is less than the amount that would otherwise be payable under that subclause.

           (7E)  The entity must comply with a request made under subclause (7D).

37  Clause 6 of Schedule 1

After “airport-lessee company” (wherever occurring), insert “or airport-freehold entity”.

38  Clause 6 of Schedule 1

After “the company” (wherever occurring), substitute “or entity, as the case may be,”.

39  Subclause 9(2) of Schedule 1

After “airport-lessee company”, insert “or airport-freehold entity”.

40  Subclause 9(3) of Schedule 1

After “the company”, substitute “or entity, as the case may be,”.

41  Clause 1 of Schedule 2

Omit “Division 3”, substitute “Divisions 3 and 4”.

42  After Division 3 of Part 2 of Schedule 2

Insert:

Division 4 Transfer of staff to airport-freehold entities

8A   Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973

             (1)  This clause applies in relation to an employee of an airport-freehold entity if:

                     (a)  the employee was transferred to the entity under section 58; and

                     (b)  immediately before the employee’s transfer time, the employee was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973 .

             (2)  For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , the employee is taken to continue in public employment, after the employee’s transfer time, while the employee continues to be employed by the entity.

             (3)  This clause is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

8B   Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973

             (1)  This clause applies in relation to an employee of an airport-freehold entity if:

                     (a)  the employee was transferred to the entity under section 58; and

                     (b)  immediately before the employee’s transfer time, a particular period of employment of the employee was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

             (2)  For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , a particular period of employment that begins at the employee’s transfer time continues to be a period of eligible employment for the purposes of that Division, so long as the period of employment is a period of employment by the entity.

43  Clause 4 of Schedule 3

After “company”, insert “or airport-freehold entity”.

Note:       The heading to clause 4 of Schedule 3 is altered by inserting “ or airport-freehold entity ” after “ company ”.

44  Clause 5 of Schedule 3

After “company”, insert “or airport-freehold entity”.

45  Clause 6 of Schedule 3

After “company”, insert “or airport-freehold entity”.

46  Clause 7 of Schedule 3

After “company”, insert “or airport-freehold entity”.



 

   

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 “An airport-management company must be approved by the Minister.”.

4  Subsection 33(1)

Repeal the subsection, substitute:

Airport-management company must be a qualified company

             (1)  The airport-lessee company for an airport must not enter into an airport-management agreement in relation to the airport unless the other party to the agreement is a qualified company.

Note:          For the meaning of airport-management agreement , see subsections (7), (7B) and (7C).

5  Subsections 33(3) and (4)

Repeal the subsections.

6  Subsection 33(4A) (note)

Repeal the note, substitute:

Note:          For the meaning of airport-management agreement , see subsections (7), (7B) and (7C).

7  After subsection 33(4C)

Insert:

Default approval

        (4CA)  If the Minister neither approves, nor refuses to approve, an airport-management agreement before the end of the period of 28 days after the day on which the Minister received the agreement, the Minister is taken, at the end of that period, to have approved the agreement under subsection (4A).

8  Subsection 33(4D) (note)

Repeal the note, substitute:

Note:          For the meaning of airport-management agreement , see subsections (7), (7B) and (7C).

9  After subsection 33(4F)

Insert:

Default approval

          (4G)  If the Minister neither approves, nor refuses to approve, a variation of an airport-management agreement before the end of the period of 28 days after the day on which the Minister received the variation, the Minister is taken, at the end of that period, to have approved the variation under subsection (4D).

10  Subsection 33(7)

Omit “or a prescribed kind of agreement”.

11  After subsection 33(7)

Insert:

          (7A)  Subsection (7) has effect subject to subsections (7B) and (7C).

Determinations about what constitutes an airport-management agreement

          (7B)  The Minister may make a written determination providing that a specified agreement is taken to be an airport-management agreement for the purposes of this Act. The specified agreement must relate directly or indirectly to the operation of the whole or a part of an airport.

Note:          An agreement may be specified by name, by inclusion in a specified class or in any other way.

          (7C)  The Minister may make a written determination providing that a specified agreement is taken not to be an airport-management agreement for the purposes of this Act.

Note:          An agreement may be specified by name, by inclusion in a specified class or in any other way.

          (7D)  A determination under subsection (7B) or (7C) has effect accordingly.

12  Subsection 33(9)

Omit “subsection (7)”, substitute “subsection (7), (7B) or (7C)”.

13  At the end of section 33

Add:

Disallowable instrument

           (10)  A determination under subsection (7B) or (7C) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

14  At the end of section 61

Add:

Note:          Law of a State has a meaning affected by subsection 4(9) of the Commonwealth Places (Application of Laws) Act 1970 .

15  At the end of subsection 112(2)

Add:

Note:          Law of a State has a meaning affected by subsection 4(9) of the Commonwealth Places (Application of Laws) Act 1970 .

16  Subsection 136(2) (note)

Renumber as Note 1.

17  At the end of subsection 136(2)

Add:

Note 2:       Law of a State has a meaning affected by subsection 4(9) of the Commonwealth Places (Application of Laws) Act 1970 .

18  At the end of section 149

Add:

Note:          Law of a State has a meaning affected by subsection 4(9) of the Commonwealth Places (Application of Laws) Act 1970 .

19  Subsection 177(2) (note)

Renumber as Note 1.

20  At the end of subsection 177(2)

Add:

Note 2:       Law of a State has a meaning affected by subsection 4(9) of the Commonwealth Places (Application of Laws) Act 1970 .

21  At the end of subsection 192(2)

Add:

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

22  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 .

23  Subsection 192(5)

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

24  Paragraph 242(2)(c)

Repeal the paragraph, substitute:

                     (c)  a decision under section 33 to approve, or to refuse to approve, an airport-management agreement or a variation of an airport-management agreement;

25  After paragraph 242(2)(d)

Insert:

                    (da)  a decision under section 81 to approve, or to refuse to approve, a draft master plan;

                    (db)  a decision under section 84 to approve, or to refuse to approve, a draft variation of a final master plan;

                    (dc)  a decision under section 94 to approve, or to refuse to approve, a draft major development plan;

                    (dd)  a decision under section 95 to approve, or to refuse to approve, a draft variation of a major development plan;

                    (de)  a decision under section 126 to approve, or to refuse to approve, a draft environment strategy;

                    (df)  a decision under section 129 to approve, or to refuse to approve, a draft variation of a final environment strategy;

26  Paragraph 243(1)(c)

Repeal the paragraph, substitute:

                     (c)  a decision under section 33 to approve, or to refuse to approve, an airport-management agreement or a variation of an airport-management agreement;

27  After paragraph 243(1)(d)

Insert:

                    (da)  a decision under section 81 to approve, or to refuse to approve, a draft master plan;

                    (db)  a decision under section 84 to approve, or to refuse to approve, a draft variation of a final master plan;

                    (dc)  a decision under section 94 to approve, or to refuse to approve, a draft major development plan;

                    (dd)  a decision under section 95 to approve, or to refuse to approve, a draft variation of a major development plan;

                    (de)  a decision under section 126 to approve, or to refuse to approve, a draft environment strategy;

                    (df)  a decision under section 129 to approve, or to refuse to approve, a draft variation of a final environment strategy;

28  Application—sections 242 and 243 of the Airports Act 1996

The amendments of sections 242 and 243 of the Airports Act 1996 made by this Schedule apply to decisions made by the Minister after the commencement of this item



 

   

Federal Airports Corporation Act 1986

1  At the end of paragraph 6(ba)

Add:

                            (iv)  matters relating to the sale, or proposed sale, of an airport (within the meaning of the Airports (Transitional) Act 1996 ) that was or is a Federal airport or a Federal airport development site, including matters relating to the transfer, or proposed transfer, of responsibility for such an airport to an airport-freehold entity (within the meaning of the Airports (Transitional) Act 1996 );

2  At the end of subsection 41(1A)

Add:

             (d)  matters relating to the sale, or proposed sale, of an airport (within the meaning of the Airports (Transitional) Act 1996 ) that was or is a Federal airport or a Federal airport development site, including matters relating to the transfer, or proposed transfer, of responsibility for such an airport to an airport-freehold entity (within the meaning of the Airports (Transitional) Act 1996 ).

3  After subsection 41(1A)

Insert:

          (1B)  To avoid doubt, information obtained under subsection (1A) for a purpose in connection with the implementation of the Airports (Transitional) Act 1996 (as in force at any time before the commencement of this subsection) may be used for a purpose in connection with the implementation of the Airports (Transitional) Act 1996 (as in force at any time after the commencement of this subsection).