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Sydney Airports Bill 1998

Part 5 Miscellaneous

29   Conduct by directors, servants and agents

             (1)  If, in proceedings for an offence against this Act, it is necessary  to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:

                     (a)  that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (b)  that the director, servant or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by a director, servant, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

             (3)  If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:

                     (a)  that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and

                     (b)  that the servant or agent had the state of mind.

             (4)  Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

             (5)  In this section:

director , in relation to a body that:

             (a)  is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and

             (b)  is constituted by one or more members;

                   means the member, or any of the members, constituting the body.

engage in conduct includes fail or refuse to engage in conduct.

                   offence against this Act includes the following:

             (a)  an offence against section 6, 7 or 7A of the Crimes Act 1914 that relates to an offence against this Act;

             (b)  an offence against subsection 86(1) of the Crimes Act 1914, because of paragraph (a) of that subsection, that relates to an offence against this Act.

                   state of mind , in relation to a person, includes:

                     (a)  the person's knowledge, intention, opinion, belief or purpose; and

                     (b)  the person's reasons for the intention, opinion, belief or purpose.

30   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.



 

 

Schedule 1 Definitions

1   Definitions

                   In this Act, unless the contrary intention appears:

a quarter is a period of 3 months starting on any of the following dates in a year:

                     (a)  1 January;

                     (b)  1 April;

                     (c)  1 July;

                     (d)  1 October.

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1996 .

flight path means a given set of operational instructions which aircraft are to follow.

operator of an aircraft means the person who, when an aircraft takes off from, or lands at, a Sydney airport, is

                     (a)  unless paragraph (b) applies - the owner of the aircraft;

                     (b)  if the aircraft is under a lease at the time of the take off or landing - the lessee of the aircraft.



 

Schedule 2 Amendment of Air Services Act 1995

1  Subsection 8(1)

                   Insert:

                    (ca)  cooperating with the Sydney Airports Authority in respect of the operations of Sydney airports and, in particular, assisting the Authority by monitoring compliance with the Authority’s determinations;

2  Section 9

                   Insert:

             (4)  AA must perform its functions in a manner that is consistent with the provisions of the Sydney Airports Act 1998 .



Schedule 3 Federal Airports Corporation Act 1986

1  Paragraph 6(a)

Omit the paragraph, substitute:

                     (a)  subject to the provisions of the Sydney Airports Act 1998 , to operate Federal airports, and participate in the operation of jointly used areas in Australia;

2  Subsection 7(2)

Insert:

                    (ba)  ensures that the provisions of the Sydney Airports Act 1998 are recognised and the Sydney Airports Authority is supported;

 



Schedule 4 Amendments of Sydney Airport Demand Management Act 1997

1  Subsection 7(1)

Omit “Minister”, substitute “Sydney Airports Authority”.

2  Subsection 7(4)

Omit “Minister”, substitute “Sydney Airports Authority”.

3  Section 8

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

4  Section 9

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”. 

5  Section 36

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

6  Section 37

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

7  Section 38

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

8  Section 39

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

9  Section 40

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

10  Section 42

Omit “Minister” substitute “Sydney Airports Authority”.

11  Section 43

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

12  Section 44

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

13  Section 46

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

14  Section 50

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

15  Section 51

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

16  Section 52

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

17  Section 53

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

18  Section 54

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

19  Section 56

Omit “Minister” substitute “Sydney Airports Authority”.

20  Section 57

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

21  Section 58

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

22  Section 61

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

23  Section 63

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

25  Section 66

Omit “Minister”, substitute “Sydney Airports Authority”.

25 Section 66

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

26  Section 71

Omit “Minister” (wherever occurring), substitute “Sydney Airports Authority”.

18