[pic] Airports Act 1996 Act No. 42 of 1996 as amended This compilation was prepared on 13 May 2007 taking into account amendments up to Act No. 59 of 2007 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1-Introduction 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 3 Objects 1 4 Simplified outline 2 5 Definitions 4 6 Sydney West Airport 8 7 Meaning of core regulated airport 8 7A Transfers and acquisitions by way of the enforcement of a loan security 9 7B Meaning of joint-user airport 9 7C Giving information and the Electronic Transactions Act 10 8 Crown to be bound 10 9 External Territories 10 10 Extra-territorial operation 10 10A Application of the Criminal Code 10 Part 2-Leasing and management of airports 11 Division 1-Simplified outline 11 11 Simplified outline 11 Division 2-Scope of Part 13 12 Airports to which Part applies 13 Division 3-Grant of airport leases 14 13 Commonwealth may grant airport lease 14 14 Rules about airport leases 14 15 Termination of airport lease if lessee ceases to be a qualified company 15 16 Person may acquire airport leases for only one airport site 15 17 Simultaneous grant of leases to the same person must relate to the same airport 15 18 Sydney (Kingsford-Smith) Airport and Sydney West Airport to be under common ownership 16 19 Only one person to hold airport leases for an airport site 17 20 Simultaneous grant of leases relating to the same airport site to be to the same person 18 20A Airport leases for an airport site to expire on the same day 18 21 No grant of lease if Part 3 contravened 18 22 Airport lease granted subject to existing interests in the land 18 Division 4-Restrictions on acquisition and transfer of airport leases 20 23 Restriction on acquisition of airport lease 20 24 No transfer of airport lease without approval of Minister 20 25 No transfer of lease if Part 3 contravened 20 26 No declaration of trust in respect of airport lease 21 27 Beneficial interest in airport lease must not be transferred independently of legal interest 21 28 Notification of acquisition of lease or of entry into possession-enforcement of loan security 21 29 Re-transfer of lease-enforcement of loan security 22 30 Termination of airport lease otherwise than under this Act 23 Division 5-Obligation to use airport site as an airport 24 31 Obligation to use airport site as an airport 24 Division 6-Restrictions on lessees 25 Subdivision A-Airport-operator company must not carry on non-airport business 25 32 Airport-operator company must not carry on non-airport business 25 Subdivision B-Airport-management agreements 26 33 Airport-management agreements 26 Subdivision C-Subleases and licences 29 34 Regulations may prohibit subleases of airport leases 29 34A Regulations may prohibit terms from being included in sublease of airport lease 29 34B Regulations may require terms to be included in sublease of airport lease 30 34C Regulations may prohibit declaration of trust in respect of sublease of airport lease 31 34D Regulations may provide that a beneficial interest in a sublease of airport lease must not be transferred independently of the legal interest 31 35 Regulations may prohibit licences relating to airport leases 31 35A Regulations may prohibit terms from being included in licence relating to airport lease 32 35B Regulations may require terms to be included in licence relating to airport lease 32 35C Regulations may prohibit declaration of trust in respect of licence relating to airport lease 33 35D Regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest 33 35E Termination of sublease or licence otherwise than under this Subdivision 34 35F Compensation-constitutional safety-net 34 Division 7-Lands Acquisition Act 1989 not to apply to anything done under this Part 35 36 Lands Acquisition Act 1989 not to apply to anything done under this Part 35 Division 8-Entries in title registers 36 37 Entries in title registers 36 Part 3-Restrictions on ownership of airport-operator companies 37 Division 1-Simplified outline 37 38 Simplified outline 37 Division 2-Definitions in Schedule 39 39 Definitions in Schedule 39 Division 3-49% limit on foreign ownership 40 40 Meaning of unacceptable foreign-ownership situation 40 41 Acquisitions of shares 40 42 Compliance by airport-operator company 40 43 Remedial orders 41 Division 4-5% limit on ownership by airlines of airport-operator companies for certain airports 42 44 Meaning of unacceptable airline-ownership situation 42 45 Acquisitions of shares 42 46 Compliance by airport-operator company 43 47 Remedial orders 43 Division 5-Limits on cross-ownership of pairs of airport-operator companies 45 Subdivision A-Simplified outline 45 48 Simplified outline 45 Subdivision B-Pairs of airport-operator companies 46 49 Pairs of airport-operator companies 46 Subdivision C-15% limit on cross-ownership 47 50 Meaning of unacceptable cross-ownership situation 47 51 Acquisitions of shares 48 52 Compliance by airport-operator companies 48 53 Remedial orders 49 Subdivision D-Practical control 50 54 Meaning of control 50 55 Minister may declare person to have practical control of an airport-operator company 50 56 Requirement to relinquish practical control or reduce stake 51 57 Remedial orders 52 Division 6-Head office of airport-operator company and citizenship/residency of directors of airport-operator company 54 58 Head office to be in Australia 54 59 Majority of directors must be Australian citizens or Australian residents 54 Division 7-Record-keeping and giving of information 55 60 Record-keeping and giving of information 55 Division 8-Concurrent operation of State/Territory laws 57 61 Concurrent operation of State/Territory laws 57 Division 9-Validity of acts done in contravention of this Part 58 62 Validity of acts done in contravention of this Part 58 Division 10-Acquisition of property 59 63 Acquisition of property 59 Part 4-Anti-avoidance 60 64 Simplified outline 60 65 Anti-avoidance-assets etc. 60 66 Anti-avoidance-airport-management agreements 61 Part 5-Land use, planning and building controls 63 Division 1-Simplified outline 63 67 Simplified outline 63 Division 2-Scope of Part 64 68 Airports to which Part applies 64 Division 3-Airport master plans 65 69 Simplified outline 65 70 Final master plans 65 71 Contents of draft or final master plan 66 72 Planning period 69 73 Assumption of continuity of lease 69 74 Plan does not lapse when lease transferred 69 75 Draft master plan to be given to Minister after acquisition or grant of airport lease 69 76 New draft master plan to be submitted before expiry of old plan 70 77 Duration of final master plan 70 78 Replacement of final master plan 71 79 Public comment and advice to State or Territory etc. 72 80 Consultations 73 80A Minister may request more material for making decision 74 81 Approval of draft by Minister 74 82 Transfer of airport lease during approval process 76 83 Effect of approval 76 84 Minor variation of final master plan 76 84A Public comment and advice to State or Territory etc.-minor variation 77 85 Notification of matters that may affect the achievement of final master plan 79 86 Publication of final master plan or variation of final master plan 80 87 Transitional-adoption of FAC documents 81 Division 4-Major development plans 82 88 Simplified outline 82 89 Meaning of major airport development 82 90 Major airport development must not be carried out except in accordance with an approved major development plan 84 91 Contents of major development plan 86 92 Public comment and advice to State or Territory etc. 88 93 Consultations 89 93A Minister may request more material for making decision 90 94 Approval of major development plan by Minister 90 94A Examples of conditions 92 95 Minor variation of major development plan 93 95A Public comment and advice to State or Territory etc.-minor variation 94 96 Publication of major development plan or variation of major development plan 96 Division 5-Building control 98 Subdivision A-Simplified outline 98 97 Simplified outline 98 Subdivision B-Interpretation 98 98 Interpretation 98 Subdivision C-Building approvals 99 99 Building activities not to be carried out without approval 99 100 Regulations about building approvals 101 101 Building approval to be consistent with final master plan and major development plan 102 102 Offence of contravening conditions 102 103 Remedial directions 103 Subdivision D-Certificates of compliance 104 104 Certificates of compliance 104 105 Eligible alterations 104 106 Requirement for certificate of compliance 104 107 Regulations about certificates of compliance 106 108 Offence of contravening conditions 107 109 Remedial directions 108 110 Transitional-buildings and structures in existence when airport lease first granted 109 Division 6-Miscellaneous 110 111 Infringement notices 110 112 Exclusion of State/Territory laws 110 112A Exclusion of Part III of Australian Capital Territory (Planning and Land Management) Act 110 Part 6-Environmental management 111 Division 1-Simplified outline 111 113 Simplified outline 111 Division 2-Environment strategies 112 114 Airports to which Division applies 112 115 Final environment strategies 112 116 Contents of draft or final environment strategy 112 117 Strategy period 114 118 Assumption of continuity of lease 114 119 Strategy does not lapse when lease transferred 115 120 Draft environment strategy to be given to Minister after acquisition or grant of airport lease 115 121 New draft environment strategy to be submitted before expiry of old strategy 115 122 Duration of final environment strategy 116 123 Replacement of final environment strategy 116 124 Public comment and advice to State or Territory etc. 117 125 Consultations 119 125A Minister may request more material for making decision 119 126 Approval of draft by Minister 120 127 Transfer of airport lease during approval process 121 128 Effect of approval 122 129 Minor variation of final environment strategy 122 130 Compliance with final environment strategy 123 131 Publication of final environment strategy or variation of final environment strategy 123 Division 3-Environmental standards at airports 125 131A Airports to which Division applies 125 131B Offence resulting in serious environmental harm 125 131C Offence resulting in material environmental harm 126 131D Offence resulting in environmental nuisance 126 131E Alternative verdicts-offence against section 131B or 131C 127 132 Regulations about environmental standards at airports 127 133 Regulations about monitoring, and remedying breaches of, environmental standards at airports 128 134 Remedying breaches of environmental standards-recovery of expenses by airport-operator company 130 135 Remedying breaches of environmental standards-recovery of expenses by the Commonwealth 130 136 Operation of State/Territory laws 131 137 Severability 131 Division 4-Infringement notices 132 138 Infringement notices 132 Part 7-Accounts and reports of airport-operator companies 133 Division 1-Simplified outline 133 139 Simplified outline 133 Division 2-Scope of Part 134 140 Airports to which Part applies 134 Division 3-Accounts 135 141 Preparation and retention of accounts 135 142 Audit of accounts 136 143 Lodgment of accounts with the ACCC 137 143A Publication of accounts and statements 138 144 Approved auditor 138 Division 4-Airport reports 139 145 Airport reports 139 145A Publication of airport reports 139 Division 5-Record-keeping 140 146 Record-keeping 140 Division 6-Protection of documents given to the ACCC 141 147 Protection of documents given to the ACCC 141 Division 7-Part supplements the Trade Practices Act 1974 142 148 Part supplements the Trade Practices Act 1974 142 Division 8-Concurrent operation of State/Territory laws 143 149 Concurrent operation of State/Territory laws 143 Part 8-Quality of service monitoring and reporting 144 Division 1-Simplified outline 144 150 Simplified outline 144 Division 2-Scope of Part 145 151 Airports to which Part applies 145 152 Airport services and facilities 145 Division 4-ACCC to monitor quality of services and facilities 146 155 ACCC to monitor quality of services and facilities 146 Division 5-Record-keeping and giving of information 147 156 Record-keeping and giving of information 147 Division 6-ACCC may publish quality of service information 149 157 Publication of quality of service information 149 Division 7-Protection of information given to the ACCC 150 158 Protection of information given to the ACCC 150 Division 8-Part supplements the Trade Practices Act 1974 151 159 Part supplements the Trade Practices Act 1974 151 Part 9-Variation and closure of airport sites 152 160 Simplified outline 152 161 Variation of airport sites-consent of lessee 152 162 Closure of airport sites 152 163 Surrender of airport leases 153 163A Variation of airport lease-reducing leased area 153 Part 10-Implementation of international agreements relating to airports 154 164 Simplified outline 154 165 Designated international agreements 154 166 Regulations may give effect to designated international agreements 155 167 Compliance by airport operators with regulations 155 Part 11-Control of certain on-airport activities 156 168 Simplified outline 156 169 Airports to which Part applies 156 170 Control of liquor 156 171 Control of commercial trading 157 172 Control of vehicle movements 157 173 Control of gambling 158 174 Control of smoking 158 175 Enforcement 158 176 Infringement notices 158 177 Operation of State/Territory laws 159 178 Submissions 159 Part 12-Protection of airspace around airports 160 Division 1-Simplified outline 160 179 Simplified outline 160 Division 2-Scope of Part 161 180 Airports to which Part applies 161 Division 3-Prescribed airspace 162 181 Prescribed airspace 162 Division 4-Protection of prescribed airspace 163 182 Controlled activities 163 183 Controlled activities not to be carried out without approval 164 184 Regulations about approvals 165 185 Offence of contravening conditions 165 186 Notification of proposals to carry out controlled activities 166 187 Remedial orders 167 188 Compensation-constitutional safety-net 168 189 Severability 169 Division 5-Part supplements regulations under the Civil Aviation Act 1988 170 190 Part supplements regulations under the Civil Aviation Act 1988 170 Part 13-Access to airports and demand management at airports 171 Division 1-Simplified outline 171 191 Simplified outline 171 Division 2-Application of the access regime in Part IIIA of the Trade Practices Act 1974 173 193 Part IIIA of the Trade Practices Act 1974 to be subject to the demand management provisions of this Part 173 Division 3-Scope of demand management provisions 174 194 Scope of demand management provisions 174 Division 4-Airport capacity declarations 175 195 Airport capacity declarations 175 196 Public comment 175 197 Submissions 176 Division 5-Declarations subjecting airports to statutory demand management 177 198 Declarations subjecting airports to statutory demand management 177 199 Criteria for making declaration 177 200 Submissions 178 Division 6-Demand management schemes 179 201 Demand management schemes 179 202 Submissions 179 203 Types of schemes 180 204 Category exclusion schemes 180 205 Slot allocation schemes 180 206 Movement limitation schemes 181 207 Concurrent schemes 181 Division 7-Compliance with demand management schemes 182 208 Compliance with demand management schemes 182 209 Infringement notices 182 Division 8-Part supplements Sydney Airport Curfew Act and Air Navigation Regulations 183 210 Part supplements Sydney Airport Curfew Act 183 211 Part supplements Air Navigation Regulations 183 Division 9-Intervals of time 184 212 Recurring intervals of time 184 213 Specification of 2 or more intervals of time 184 Division 10-Severability 185 214 Severability 185 Part 14-Air traffic services and rescue and fire fighting services 186 215 Simplified outline 186 216 Air traffic services, and rescue and fire fighting services, not to be provided without approval 186 Part 15-Injunctions 188 217 Simplified outline 188 218 Injunctions 188 219 Interim injunctions 189 220 Discharge etc. of injunctions 190 221 Certain limits on granting injunctions not to apply 190 222 Other powers of the court unaffected 191 Part 16-Prosecutions 192 223 Simplified outline 192 224 Prosecutions of corporations 192 225 Prosecutions of persons other than corporations 193 Part 17-Incorrect records 195 226 Simplified outline 195 228 Incorrect records 195 230 Incorrect accounts and statements 195 231 False or misleading audit certificates 196 Part 18-Monitoring powers 197 232 Simplified outline 197 233 Authorised officers 197 234 Identity cards 198 235 Searches to monitor compliance with Part 5 or 6-occupier consents 199 236 Monitoring warrants 200 237 Power to require persons to answer questions etc. 200 238 Monitoring powers 201 239 Airport premises 202 240 References to Part 5 or 6 203 Part 19-Miscellaneous 204 241 Simplified outline 204 242 Review of decisions by Administrative Appeals Tribunal 204 243 Tabling of Ministerial statements about certain decisions 206 244 Delegation 206 245 Indictable offences 207 246 Constitutional corporations 207 247 Severability 207 248 Application of the Trade Practices Act 1974 207 249 Relocation of abandoned aircraft etc. 208 250 Access to airports for defence-related purposes and for emergency or disaster relief 209 251 Compensation for access to airports for defence-related purposes and for emergency or disaster relief 210 252 Regulations 212 253 Repeals 212 Schedule-Ownership definitions 213 1 Object 213 2 Definitions 213 3 When foreign citizens are ordinarily resident in Australia 216 4 Entering into an agreement or arrangement 216 5 Associates 217 6 Power to appoint director 219 7 Meaning of entitled to acquire 219 8 Meaning of interest in a share 219 9 Certain interests and stakes to be disregarded 220 10 Voting power 221 11 Stake in a company 222 12 Direct control interests in a company 222 13 Substantial interests in trust estates 223 14 Airport holding companies in which foreign persons have direct control interests 224 Notes 227 An Act about airports Part 1-Introduction 1 Short title [see Note 1] This Act may be cited as the Airports Act 1996. 2 Commencement [see Note 1] This Act commences on the day on which it receives the Royal Assent. 3 Objects The objects of this Act are as follows: (a) to promote the sound development of civil aviation in Australia; (b) to establish a system for the regulation of airports that has due regard to the interests of airport users and the general community; (c) to promote the efficient and economic development and operation of airports; (d) to facilitate the comparison of airport performance in a transparent manner; (e) to ensure majority Australian ownership of airports; (f) to limit the ownership of certain airports by airlines; (g) to ensure diversity of ownership and control of certain major airports; (h) to implement international obligations relating to airports. 4 Simplified outline The following is a simplified outline of this Act: . This Act sets up a system for regulating airports. . A Commonwealth-owned airport can only be leased to a company. The company is called an airport-lessee company. . There will only be one airport-lessee company for each airport and the company will not be allowed to lease another airport. . An airport-lessee company's sole business will be to run the airport. . An airport-lessee company can contract out the management of the airport to another company. The other company is called an airport-management company. . This Act uses the term airport-operator company to cover both airport-lessee companies and airport-management companies. . Airport-operator companies are subject to the following ownership restrictions: (a) a 49% limit on foreign ownership; (b) a 5% limit on airline ownership for certain airports; (c) a 15% limit on cross-ownership for Sydney/Melbourne, Sydney/Brisbane and Sydney/Perth airports. . For each airport, there will be an airport master plan. . Major development plans will be required for significant developments at airports. . Building activities on airport sites will require approval. . Buildings and structures on airport sites must be certified as complying with the regulations. . For each airport, there will be an environment strategy. . The regulations may deal with environmental standards at airport sites. . An airport-operator company may be required to give accounts and reports to the Australian Competition and Consumer Commission. . The regulations may require the Australian Competition and Consumer Commission to monitor the quality of certain aspects of airport services and facilities. . Airport-lessee companies must give written consent before airport sites are varied or closed. . The regulations may implement certain international agreements relating to airports. . The regulations may deal with the control of the following matters at airports: (a) liquor; (b) commercial trading; (c) vehicle movements; (d) gambling; (e) smoking. . The regulations may control intrusions into prescribed airspace around airports. . An airport service will be a declared service for the purposes of the access regime set out in Part IIIA of the Trade Practices Act 1974 unless an access undertaking is given within 12 months after responsibility for the airport is transferred to the private sector. . The Minister may formulate demand management schemes for airports. . Air traffic services, and rescue and fire fighting services, must not be provided at airports without the approval of the Civil Aviation Safety Authority. 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: (a) the landing of an aircraft at an airport; or (b) 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: (a) means a lease of the whole or a part of an airport site, where the Commonwealth is the lessor; and (b) 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 site means a place that is: (a) declared by the regulations to be an airport site; and (b) a Commonwealth place; and (c) 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). Note: 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). approved auditor has the meaning given by section 144. 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 means a day that is not: (a) a Saturday; or (b) a Sunday; or (c) a public holiday in the place concerned; or (d) 27, 28, 29, 30 or 31 December. Commonwealth place means: (a) a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; or (b) 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. demand management scheme has the meaning given by section 201. draft environment strategy means a draft environment strategy under Division 2 of Part 6. draft master plan means a draft master plan under Division 3 of Part 5. engage in conduct means: (a) do an act; or (b) omit to perform an act. Federal Court means the Federal Court of Australia. final environment strategy means a final environment strategy under Division 2 of Part 6. final master plan means a final master plan under Division 3 of Part 5. 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) a sublease; or (b) a licence; or (c) an easement or other incorporeal hereditament; or (d) 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: (a) is a constitutional corporation; and (b) is incorporated, or taken to be incorporated, under the Corporations Act 2001; and (c) has a share capital. quality of service matter has the meaning given by subsection 156(7). scheme means: (a) 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 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise. significant ANEF levels means a noise above 30 ANEF levels. 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. Note: 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). 6 Sydney West Airport 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: (a) merely intended to be developed for use as an airport; or (b) being developed for use as an airport. 7 Meaning of core regulated airport (1) For the purposes of this Act, each of the following airports is a core regulated airport: (a) Sydney (Kingsford-Smith) Airport; (b) Sydney West Airport; (c) Melbourne (Tullamarine) Airport; (d) Brisbane Airport; (e) Perth Airport; (f) Adelaide Airport; (g) Gold Coast Airport; (h) Hobart Airport; (i) Launceston Airport; (j) Alice Springs Airport; (k) Canberra Airport; (l) Darwin Airport; (m) Townsville Airport; (n) an airport specified in the regulations, where the site of the airport is a Commonwealth place. (2) For the purposes of paragraph (1)(n), the boundaries of the site of an airport are to be ascertained in accordance with the regulations. 7A Transfers and acquisitions by way of the enforcement of a loan security (1) A reference in this Act to a transfer by way of the enforcement of a loan security is a reference to a transfer to the lender by way of the enforcement of the loan security. (2) A reference in this Act to an acquisition by way of the enforcement of a loan security is a reference to the acquisition by the lender by way of the enforcement of the loan security. (3) This section is enacted for the avoidance of doubt. 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. 7C Giving information and the Electronic Transactions Act To avoid doubt, a reference in section 9 of the Electronic Transactions Act 1999 to giving information includes, for the purposes of this Act, a reference to giving: (a) a draft master plan, a draft major development plan or a draft environment strategy; or (b) a draft variation of a final master plan, a major development plan or a final environment strategy. 8 Crown to be bound (1) This Act binds the Crown in the right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. (2) This Act does not make the Crown liable to be prosecuted for an offence. 9 External Territories This Act extends to all the external Territories. 10 Extra-territorial operation This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country. 10A Application of the Criminal Code Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part 2-Leasing and management of airports Division 1-Simplified outline 11 Simplified outline The following is a simplified outline of this Part: . Airport leases are subject to the following key rules: (a) the lessee must be a company; (b) the term of the lease must not be longer than 50 years (with or without an option to renew for up to 49 years); (c) the lease must provide for access by interstate and/or international air transport; (d) a company can only lease one airport. . The airport-lessee companies for Sydney (Kingsford-Smith) Airport and Sydney West Airport must be wholly-owned subsidiaries of the same holding company. . Airport leases can only be transferred with the Minister's approval. . The beneficial and legal interests in an airport lease cannot be separated except in the case of the enforcement of a loan security. . If a lender acquires a lease, or enters into possession of an airport site, by way of the enforcement of a loan security, the lender must: (a) notify the Minister; and (b) transfer the lease to another company. . An airport-lessee company has a statutory obligation to use the airport site as an airport. . An airport-lessee company's sole business will be to run the airport. . An airport-lessee company can contract out the management of the airport to another company. The other company is called an airport-management company. An airport-management company must be approved by the Minister. . The regulations may prohibit certain subleases and licences relating to airport sites. . The regulations may deal with the terms of subleases and licences relating to airport sites. . The regulations may provide that the beneficial and legal interests in subleases and licences relating to airport sites cannot be separated except in the case of the enforcement of a loan security. Division 2-Scope of Part 12 Airports to which Part applies (1) This Part applies to: (a) a core regulated airport; or (b) an airport specified in the regulations, where the site of the airport is a Commonwealth place. (2) For the purposes of paragraph (1)(b), the boundaries of the site of an airport are to be ascertained in accordance with the regulations. Division 3-Grant of airport leases 13 Commonwealth may grant airport lease The Commonwealth may grant an airport lease under this section. 14 Rules about airport leases Grant (1) The Commonwealth must not grant an airport lease unless the lease complies with subsection (5). Variation (2) An airport lease must not be varied unless the varied lease complies with subsection (5). Transfer (3) The Minister must not approve the transfer of an airport lease unless the transferred lease complies with subsection (5). Contravention (4) If a purported grant, variation or approval contravenes this section, it is of no effect. Rules about airport leases (5) An airport lease complies with this subsection if: (a) there is a single lessee; and (b) the lessee is a qualified company; and (c) the term of the lease is not longer than 50 years (with or without an option to renew the lease for up to 49 years); and (d) if the airport is neither a joint-user airport nor Sydney West Airport-the lease provides for the use of the site as an airport (whether or not the lease also provides for other uses); and (e) if the airport is a joint-user airport-the lease provides for the use of the leased area for purposes in connection with the airport (whether or not the lease also provides for other uses); and (f) if the airport is Sydney West Airport-the lease provides for the development of the site as an airport or the use of the site as an airport, or both (whether or not the lease also provides for other developments or other uses); and (g) the lease provides for access to the airport by interstate air transport or international air transport, or both (whether or not the lease also provides for other access). 15 Termination of airport lease if lessee ceases to be a qualified company (1) This section applies to an airport lease if the lessee is a qualified company. (2) If, at a particular time, the lessee ceases to be a qualified company, the lease terminates at that time. 16 Person may acquire airport leases for only one airport site (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. (3) If a purported grant or approval contravenes this section, it is of no effect. 17 Simultaneous grant of leases to the same person must relate to the same airport (1) The Commonwealth must not simultaneously grant to the same person 2 or more airport leases, unless those leases relate to the same airport site. (2) If purported grants contravene this section, they are of no effect. 18 Sydney (Kingsford-Smith) Airport and Sydney West Airport to be under common ownership Grant of lease under this Act or under section 22 of the Airports (Transitional) Act (1) The Commonwealth must not grant an airport lease under section 13 of this Act, or under section 22 of the Airports (Transitional) Act 1996, for Sydney (Kingsford-Smith) Airport or Sydney West Airport unless each of the airport-lessee companies is a subsidiary of the same company. Grant of lease under section 21 of the Airports (Transitional) Act (2) If: (a) an airport lease for Sydney (Kingsford-Smith) Airport is granted to a company under section 21 of the Airports (Transitional) Act 1996; or (b) an airport lease for Sydney West Airport is granted to a company under section 21 of the Airports (Transitional) Act 1996; the Commonwealth must take such steps as are necessary to ensure that, in the event of the disposal by the Commonwealth of its shares in either of those companies, each of those companies becomes a subsidiary of the same company. Transfer of lease for Sydney (Kingsford-Smith) Airport (3) The Minister must not approve the transfer of an airport lease for Sydney (Kingsford-Smith) Airport unless the transferee and the airport-lessee company for Sydney West Airport will be subsidiaries of the same company. Transfer of lease for Sydney West Airport (4) The Minister must not approve the transfer of an airport lease for Sydney West Airport unless the transferee and the airport- lessee company for Sydney (Kingsford-Smith) Airport will be subsidiaries of the same company. Contravention (5) If a purported grant or approval contravenes this section, it is of no effect. Termination of leases (6) If, at a particular time when the Commonwealth does not beneficially own all the shares in: (a) the airport-lessee company for Sydney (Kingsford-Smith) Airport; and (b) the airport-lessee company for Sydney West Airport; an unacceptable leasing situation comes into existence for Sydney (Kingsford-Smith) Airport and Sydney West Airport: (c) the airport lease for Sydney (Kingsford-Smith) Airport terminates at that time; and (d) the airport lease for Sydney West Airport terminates at that time. For this purpose, an unacceptable leasing situation exists for Sydney (Kingsford-Smith) Airport and Sydney West Airport if the airport-lessee companies for those airports are not subsidiaries of the same company. Subsidiaries (7) For the purposes of this section, a company (the subsidiary company) is taken to be a subsidiary of another company (the holding company) if, and only if, all the shares in the subsidiary company are beneficially owned by the holding company. 19 Only one person to hold airport leases for an airport site (1) The Commonwealth must not grant a lease of the whole or a part of an airport site to a person if another person already holds an airport lease for the airport. (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. (2) If a purported grant or approval contravenes this section, it is of no effect. 20 Simultaneous grant of leases relating to the same airport site to be to the same person (1) The Commonwealth must not simultaneously grant 2 or more leases relating to different parts of the same airport site, unless those grants are to the same person. (2) If purported grants contravene this section, they are of no effect. 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. 21 No grant of lease if Part 3 contravened (1) The Commonwealth must not grant an airport lease to a company if the Minister is satisfied that: (a) an unacceptable foreign-ownership situation in relation to the company would come into existence in the event of the grant; or (b) an unacceptable airline-ownership situation in relation to the company would come into existence in the event of the grant; or (c) both: (i) the company would become a member of a pair of airport-operator companies in the event of the grant; and (ii) an unacceptable cross-ownership situation in relation to the pair would come into existence in the event of the grant. (2) If a purported grant contravenes this section, it is of no effect. 22 Airport lease granted subject to existing interests in the land (1) An airport lease is granted under section 13 subject to all existing leases in relation to the land concerned. (2) The following provisions have effect: (a) all obligations and benefits of the Commonwealth under, or connected with, such an existing lease: (i) pass to the airport-lessee company; and (ii) cease to be enforceable by or against the Commonwealth; whether or not the obligations or benefits touch and concern the land; (b) an instrument relating to such an obligation or benefit continues to have effect after the grant of the airport lease as if a reference in the instrument to the Commonwealth or the Federal Airports Corporation were a reference to the company; (c) the company becomes the Commonwealth's successor in law, in relation to such an obligation or benefit, immediately after the grant of the airport lease. Note 1: The lessees of existing leases become lessees of the airport-lessee company. Note 2: Subsections (1) and (2) relate to the obligations and benefits of the Commonwealth as lessor. Section 17 of the Airports (Transitional) Act 1996 deals with a case where the Commonwealth is the lessee under an existing lease. (3) An airport lease is granted under section 13 subject to all other existing interests in the land concerned. (4) Paragraph (2)(b) does not modify any register kept by a land registration official under a law of a State or Territory. (5) In this section: instrument includes a document. Division 4-Restrictions on acquisition and transfer of airport leases 23 Restriction on acquisition of airport lease (1) A person must not acquire an airport lease, or an interest in an airport lease, unless: (a) the person is a qualified company; or (b) the acquisition is by way of the enforcement of a loan security and the person is a constitutional corporation. (2) If a purported acquisition contravenes this section, it is of no effect. 24 No transfer of airport lease without approval of Minister (1) An airport lease must not be transferred without the written approval of the Minister. (2) If a purported transfer contravenes this section, it is of no effect. (3) The Minister may only refuse to approve the transfer of an airport lease: (a) on a ground specified in the regulations; or (b) on the grounds set out in subsection 14(3); or (c) the grounds set out in subsection 16(2); or (d) on the grounds set out in subsection 18(3) or (4); or (da) on the grounds set out in subsection 19(1A); or (e) on the grounds set out in section 25. (4) This section does not apply to a transfer by way of the enforcement of a loan security. 25 No transfer of lease if Part 3 contravened The Minister must not approve the transfer of an airport lease to a company if the Minister is satisfied that: (a) an unacceptable foreign-ownership situation in relation to the company would come into existence in the event of the transfer; or (b) an unacceptable airline-ownership situation in relation to the company would come into existence in the event of the transfer; or (c) both: (i) the company would become a member of a pair of airport-operator companies in the event of the transfer; and (ii) an unacceptable cross-ownership situation in relation to the pair would come into existence in the event of the transfer. 26 No declaration of trust in respect of airport lease (1) The lessee of an airport lease must not dispose of the lease by way of declaration of trust. (2) If a purported disposal contravenes this section, it is of no effect. 27 Beneficial interest in airport lease must not be transferred independently of legal interest (1) A beneficial interest in an airport lease must not be transferred independently of the legal interest in the lease. (2) If a purported transfer contravenes this section, it is of no effect. (3) This section does not apply to a transfer by way of the enforcement of a loan security. 28 Notification of acquisition of lease or of entry into possession- enforcement of loan security (1) If: (a) a person acquires an airport lease; and (b) the acquisition is by way of the enforcement of a loan security; the person must, within 7 days after acquiring the lease, give the Minister written notice of the acquisition. Penalty: 100 penalty units. (2) If: (a) an airport lease is subject to a loan security; and (b) the lender enters into possession of the land to which the lease relates; and (c) the entry into possession is by way of the enforcement of the loan security; the lender must, within 7 days after entering into possession, give the Minister written notice of the entry into possession. Penalty: 100 penalty units. 29 Re-transfer of lease-enforcement of loan security Re-transfer (1) If: (a) a person acquires an airport lease; and (b) the acquisition is by way of the enforcement of a loan security; the person must transfer the lease to a qualified company: (c) within 90 days after acquiring the lease; or (d) if a longer period is specified in a written notice given to the person by the Minister-within that longer period. Entry into possession (1A) If: (a) an airport lease is subject to a loan security; and (b) the lender enters into possession of the land to which the lease relates; and (c) the entry into possession is by way of the enforcement of the loan security; the lender must cause the lease to be transferred to a qualified company: (d) within 90 days after the lender entered into possession; or (e) if a longer period is specified in a written notice given to the lender by the Minister-within that longer period. Offence (2) A person commits an offence if: (a) the person is subject to a requirement to transfer a lease under subsection (1) or (1A); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 400 penalty units. Strict liability (2A) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. Court orders (3) If: (a) a person contravenes subsection (1) or (1A) in relation to an airport lease; and (b) the Minister applies to the Federal Court for an order terminating the lease; the court may make such orders as the court considers appropriate for the purpose of terminating the lease. Criteria for making order (4) In deciding whether to make such an order, the court must have regard to: (a) whether the person made reasonable efforts to obtain the Minister's approval for the transfer of the lease to another person; and (b) the reasonableness of the Minister's decisions under paragraph (1)(d) or (1A)(e) in relation to the lease; and (c) such other matters (if any) as the court considers relevant. 30 Termination of airport lease otherwise than under this Act This Act does not, by implication, prevent an airport lease from being terminated otherwise than under a provision of this Act. Division 5-Obligation to use airport site as an airport 31 Obligation to use airport site as an airport (1) This section has effect for the purposes of determining whether: (a) an airport-operator company for an airport; or (b) a person acting on behalf of an airport-operator company for an airport; has a defence to, or an immunity from: (c) an action or proceeding in court (whether civil or criminal); or (d) an administrative proceeding; or (e) a proceeding in a tribunal. Airports other than joint-user airports (2) In the case of an airport other than a joint-user airport, the company has, by force of this subsection, an obligation to use the airport site concerned as an airport. Joint-user airports (3) In the case of a joint-user airport, the company has, by force of this subsection, an obligation to use the airport site for purposes in connection with the airport. Licences (4) This section does not free a person from a requirement to hold a licence or permit (however described) under a law of the Commonwealth. For this purpose, law of the Commonwealth does not include an applied provision within the meaning of the Commonwealth Places (Application of Laws) Act 1970. Division 6-Restrictions on lessees Subdivision A-Airport-operator company must not carry on non-airport business 32 Airport-operator company must not carry on non-airport business Airports other than joint-user airports (1) An airport-operator company for an airport (other than a joint- user airport) must not carry on substantial trading or financial activities other than: (a) activities relating to the operation and/or development of the airport; or (b) activities incidental to the operation and/or development of the airport; or (c) activities that, under the regulations, are treated as activities incidental to the operation and/or development of the airport; or (d) activities that are consistent with the airport lease for the airport and the final master plan for the airport. Joint-user airports (2) An airport-operator company for a joint-user airport must not carry on substantial trading or financial activities other than: (a) activities connected with the airport; or (b) activities incidental to activities connected with the airport; or (c) activities that, under the regulations, are treated as activities incidental to activities connected with the airport; or (d) activities that are consistent with the airport lease for the airport and the final master plan for the airport. Offence (3) A company commits an offence if: (a) the company is subject to a requirement under subsection (1) or (2); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 2,000 penalty units. Strict liability (3A) Strict liability applies to paragraph (3)(a). Note: For strict liability, see section 6.1 of the Criminal Code. Loan securities (4) Subsections (1) and (2) do not apply to an airport-lessee company for an airport if the company acquired its airport lease or airport leases by way of the enforcement of a loan security. Validity of transactions (5) A contravention of this section does not affect the validity of any transaction. Subdivision B-Airport-management agreements 33 Airport-management agreements Approval of airport-management 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 both: (a) approved in writing by the Minister; and (b) a qualified company. Note: Airport-management agreement is defined by subsection (7). Contravention (2) If a purported agreement contravenes subsection (1), it is of no effect. Breach of ownership restrictions (3) The Minister must not approve a company under subsection (1) if the Minister is satisfied that: (a) an unacceptable foreign-ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or (b) an unacceptable airline-ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or (c) both: (i) the company would become a member of a pair of airport-operator companies in the event that the agreement was entered into; and (ii) an unacceptable cross-ownership situation in relation to the pair would come into existence in the event that the agreement was entered into. Other grounds for refusing approval (4) If subsection (3) does not apply to the approval of a company under subsection (1), the Minister may only refuse to approve the company on a ground specified in the regulations. Approval of agreement (4A) The airport-lessee company for an airport must not enter into an airport-management agreement in relation to the airport unless the agreement is approved in writing by the Minister. Note: Airport-management agreement is defined by subsection (7). Contravention (4B) If a purported agreement contravenes subsection (4A), it is of no effect. Criteria for approval (4C) In making a decision under subsection (4A), the Minister must have regard to: (a) the matters specified in the regulations; and (b) such other matters (if any) as the Minister considers relevant. Approval of variation (4D) An airport-management agreement in relation to the airport must not be varied unless the variation is approved in writing by the Minister. Note: Airport-management agreement is defined by subsection (7). Contravention (4E) If a purported variation contravenes subsection (4D), it is of no effect. Criteria for approval (4F) In making a decision under subsection (4D), the Minister must have regard to: (a) the matters specified in the regulations; and (b) such other matters (if any) as the Minister considers relevant. Termination of agreement if contractor ceases to be a qualified company (5) If: (a) a qualified company (the contractor) enters into an airport- management agreement in relation to an airport; and (b) at a particular time, the contractor ceases to be a qualified company; the agreement terminates at that time. Other means of termination (6) This section does not, by implication, prevent an agreement from being terminated otherwise than under subsection (5). Airport-management agreement (7) For the purposes of this Act, an airport-management agreement, in relation to an airport, is an agreement (other than a contract of employment or a prescribed kind of agreement) between: (a) the airport-lessee company for the airport; and (b) another person; under which the other person (either alone or together with the company and/or one or more other persons) is in a position to exercise control over either or both of the following: (c) the operation of the whole or a substantial part of the airport; (d) the direction to be taken in relation to the development of the whole or a substantial part of the airport. Economic and commercial substance of agreement (8) In determining whether an agreement is an airport-management agreement, regard must be had to the economic and commercial substance of the agreement. (9) Subsection (8) does not, by implication, limit subsection (7). Subdivision C-Subleases and licences 34 Regulations may prohibit subleases of airport leases (1) The regulations may prohibit specified kinds of subleases of an airport lease. (2) A sublease of an airport lease must not be granted or varied in contravention of those regulations. (3) If a purported grant or variation contravenes subsection (2), it is of no effect. (4) If a sublease is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the sublease: (a) the prohibition does not have any effect on the validity of the sublease during the 90-day period beginning at the imposition time; and (b) if, at the end of that 90-day period, the sublease contravenes the prohibition-the sublease is terminated immediately after the end of that period. 34A Regulations may prohibit terms from being included in sublease of airport lease (1) The regulations may prohibit specified kinds of terms from being included in subleases of an airport lease. (2) A sublease of an airport lease must not be granted or varied in contravention of those regulations. (3) If a purported grant or variation contravenes subsection (2), it is of no effect. (4) If a sublease is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the sublease: (a) the prohibition does not have any effect on the validity of the sublease during the 90-day period beginning at the imposition time; and (b) if, at the end of that 90-day period, the sublease contravenes the prohibition-the sublease is terminated immediately after the end of that period. (5) In this section: terms includes conditions. 34B Regulations may require terms to be included in sublease of airport lease (1) The regulations may require that specified kinds of terms must be included in subleases of an airport lease. (2) A sublease of an airport lease must not be granted or varied in contravention of those regulations. (3) If a purported grant or variation contravenes subsection (2), it is of no effect. (4) If a sublease is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a requirement in relation to the sublease: (a) the requirement does not have any effect on the validity of the sublease during the 90-day period beginning at the imposition time; and (b) if, at the end of that 90-day period, the sublease contravenes the requirement-the sublease is terminated immediately after the end of that period. (5) In this section: terms includes conditions. 34C Regulations may prohibit declaration of trust in respect of sublease of airport lease (1) The regulations may provide that the sublessee of an airport lease must not dispose of the sublease by way of declaration of trust. (2) If a purported disposal contravenes those regulations, it is of no effect. 34D Regulations may provide that a beneficial interest in a sublease of airport lease must not be transferred independently of the legal interest (1) The regulations may provide that a beneficial interest in a sublease of an airport lease must not be transferred independently of the legal interest in the sublease. (2) If a purported transfer contravenes those regulations, it is of no effect. (3) This section does not apply to a transfer by way of the enforcement of a loan security. 35 Regulations may prohibit licences relating to airport leases (1) The regulations may prohibit specified kinds of licences relating to an airport lease. (2) A licence relating to an airport lease must not be granted or varied in contravention of those regulations. (3) If a purported grant or variation contravenes subsection (2), it is of no effect. (4) If a licence is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the licence: (a) the prohibition does not have any effect on the validity of the licence during the 90-day period beginning at the imposition time; and (b) if, at the end of that 90-day period, the licence contravenes the prohibition-the licence is terminated immediately after the end of that period. 35A Regulations may prohibit terms from being included in licence relating to airport lease (1) The regulations may prohibit specified kinds of terms from being included in licences relating to an airport lease. (2) A licence relating to an airport lease must not be granted or varied in contravention of those regulations. (3) If a purported grant or variation contravenes subsection (2), it is of no effect. (4) If a licence is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the licence: (a) the prohibition does not have any effect on the validity of the licence during the 90-day period beginning at the imposition time; and (b) if, at the end of that 90-day period, the licence contravenes the prohibition-the licence is terminated immediately after the end of that period. (5) In this section: terms includes conditions. 35B Regulations may require terms to be included in licence relating to airport lease (1) The regulations may require that specified kinds of terms must be included in licences relating to an airport lease. (2) A licence relating to an airport lease must not be granted or varied in contravention of those regulations. (3) If a purported grant or variation contravenes subsection (2), it is of no effect. (4) If a licence is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a requirement in relation to the licence: (a) the requirement does not have any effect on the validity of the licence during the 90-day period beginning at the imposition time; and (b) if, at the end of that 90-day period, the licence contravenes the requirement-the licence is terminated immediately after the end of that period. (5) In this section: terms includes conditions. 35C Regulations may prohibit declaration of trust in respect of licence relating to airport lease (1) The regulations may provide that the holder of a licence relating to an airport lease must not dispose of the licence by way of declaration of trust. (2) If a purported disposal contravenes those regulations, it is of no effect. 35D Regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest (1) The regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest in the licence. (2) If a purported transfer contravenes those regulations, it is of no effect. (3) This section does not apply to a transfer by way of the enforcement of a loan security. 35E Termination of sublease or licence otherwise than under this Subdivision This Subdivision does not, by implication, prevent a sublease or licence from being terminated otherwise than under this Subdivision. 35F Compensation-constitutional safety-net (1) If: (a) apart from this section, the operation of this Subdivision would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution; the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition. (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines. (3) In this section: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. Division 7-Lands Acquisition Act 1989 not to apply to anything done under this Part 36 Lands Acquisition Act 1989 not to apply to anything done under this Part The Lands Acquisition Act 1989 does not apply to anything done under this Part. Division 8-Entries in title registers 37 Entries in title registers (1) This section applies if an airport lease is granted under section 13. (2) The relevant 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 this Act. For this purpose, the relevant land registration official is the Registrar of Titles or other proper officer of the State or Territory in which the airport is situated. Part 3-Restrictions on ownership of airport-operator companies Division 1-Simplified outline 38 Simplified outline The following is a simplified outline of this Part: . Airport-operator companies are subject to the following ownership restrictions: (a) a 49% limit on foreign ownership; (b) a 5% limit on airline ownership for certain airports; (c) a 15% limit on cross-ownership for Sydney/Melbourne, Sydney/Brisbane and Sydney/Perth airports. . Those limits relate to a person's stake in a company. . A person's stake includes the interests of the person's associates. . There are 4 different types of stake. The main types are: (a) percentage of total paid-up share capital; and (b) percentage of voting power. . The ownership restrictions will be breached if any type of stake goes over the relevant limit. . Stake and other technical expressions used in this Part are defined by the Schedule. . The central management and control of an airport-operator company must be exercised at a place in Australia. . A majority of the directors of an airport-operator company must be Australian citizens and/or Australian residents. . The regulations may require records to be kept, and information to be given, for purposes relating to the ownership restrictions. Division 2-Definitions in Schedule 39 Definitions in Schedule The Schedule sets out definitions of expressions used in this Part. Division 3-49% limit on foreign ownership 40 Meaning of unacceptable foreign-ownership situation For the purposes of this Act, an unacceptable foreign-ownership situation exists in relation to an airport-operator company if there is a group of foreign persons who hold, in total, a particular type of stake in the company of more than 49%. Note 1: A group can consist of a single foreign person-see the Schedule. Note 2: A person's stake includes the interests of the person's associates-see the Schedule. 41 Acquisitions of shares If: (a) a person, or 2 or more persons under an arrangement, acquire shares in a company; and (b) the acquisition has the result, in relation to an airport- operator company, that: (i) an unacceptable foreign-ownership situation comes into existence in relation to the company; or (ii) if an unacceptable foreign-ownership situation already exists in relation to the company-there is an increase in the total of any type of stake held by any group of foreign persons in the company; and (c) the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result; the person or persons mentioned in paragraph (a) are guilty of an offence punishable on conviction by a fine not exceeding 400 penalty units. 42 Compliance by airport-operator company (1) An airport-operator company must take all reasonable steps to ensure that an unacceptable foreign-ownership situation does not exist in relation to the company. (2) A company commits an offence if: (a) the company is required to take steps under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 500 penalty units. 43 Remedial orders (1) If an unacceptable foreign-ownership situation exists in relation to an airport-operator company, the Federal Court may, on application by the Minister or the company, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist. (2) The Federal Court's orders include: (a) an order directing the disposal of shares; or (b) an order restraining the exercise of any rights attached to shares; or (c) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or (d) an order that any exercise of rights attached to shares be disregarded. (3) Subsection (2) does not, by implication, limit subsection (1). (4) In addition to the Federal Court's powers under subsections (1) and (2), the court: (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just. (5) The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both. (6) The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order. Division 4-5% limit on ownership by airlines of airport-operator companies for certain airports 44 Meaning of unacceptable airline-ownership situation (1) For the purposes of this Act, an unacceptable airline-ownership situation exists in relation to an airport-operator company for an airport and in relation to a particular airline if the airline holds a particular type of stake in the company of more than 5%. Note: A person's stake includes the interests of the person's associates-see the Schedule. (2) The regulations may specify that subsection (1) does not apply to: (a) specified airports (not being core regulated airports); or (b) specified airports (not being core regulated airports) in specified circumstances. 45 Acquisitions of shares If: (a) a person, or 2 or more persons under an arrangement, acquire shares in a company; and (b) the acquisition has the result, in relation to an airport- operator company, that: (i) an unacceptable airline-ownership situation comes into existence in relation to the company and in relation to an airline; or (ii) if an unacceptable airline-ownership situation already exists in relation to the company and in relation to an airline- there is an increase in any type of stake held by the airline in the company; and (c) the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result; the person or persons mentioned in paragraph (a) are guilty of an offence punishable on conviction by a fine not exceeding 400 penalty units. 46 Compliance by airport-operator company (1) An airport-operator company must take all reasonable steps to ensure that an unacceptable airline-ownership situation does not exist in relation to the company. (2) A company commits an offence if: (a) the company is required to take steps under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 500 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 47 Remedial orders (1) If an unacceptable airline-ownership situation exists in relation to an airport-operator company, the Federal Court may, on application by the Minister or the company, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist. (2) The Federal Court's orders include: (a) an order directing the disposal of shares; or (b) an order restraining the exercise of any rights attached to shares; or (c) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or (d) an order that any exercise of rights attached to shares be disregarded. (3) Subsection (2) does not, by implication, limit subsection (1). (4) In addition to the Federal Court's powers under subsections (1) and (2), the court: (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just. (5) The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both. (6) The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order. Division 5-Limits on cross-ownership of pairs of airport-operator companies Subdivision A-Simplified outline 48 Simplified outline The following is a simplified outline of this Division: . Airport-operator companies for Sydney and Melbourne form a pair. . Airport-operator companies for Sydney and Brisbane form a pair. . Airport-operator companies for Sydney and Perth form a pair. . There is a 15% limit on the cross-ownership of paired companies. . The Minister may declare a person to have practical control of an airport-operator company. . If the person covered by the declaration has practical control of, or a stake of more than 15% in, each of the members of a pair, the person must take steps to ensure that there is at least one member of the pair where the person does not have: (a) a stake of more than 15%; or (b) practical control. Subdivision B-Pairs of airport-operator companies 49 Pairs of airport-operator companies For the purposes of this Act, a group of 2 airport-operator companies constitute a pair of airport-operator companies if: (a) one of the companies is mentioned in a box in the left-hand column of the following table; and (b) the other company is mentioned in the corresponding box in the right-hand column of the table. For the purposes of this Act, the members of that pair are those companies. |This company ... |forms a pair with this | | |company ... | |the airport-lessee |the airport-lessee company | |company for Melbourne |for Sydney (Kingsford-Smith)| |(Tullamarine) Airport |Airport | |an airport-management |the airport-lessee company | |company for Melbourne |for Sydney (Kingsford-Smith)| |(Tullamarine) Airport |Airport | |the airport-lessee |an airport-management | |company for Melbourne |company for Sydney | |(Tullamarine) Airport |(Kingsford-Smith) Airport | |an airport-management |an airport-management | |company for Melbourne |company for Sydney | |(Tullamarine) Airport |(Kingsford-Smith) Airport | |the airport-lessee |the airport-lessee company | |company for Brisbane |for Sydney (Kingsford-Smith)| |Airport |Airport | |an airport-management |the airport-lessee company | |company for Brisbane |for Sydney (Kingsford-Smith)| |Airport |Airport | |the airport-lessee |an airport-management | |company for Brisbane |company for Sydney | |Airport |(Kingsford-Smith) Airport | |an airport-management |an airport-management | |company for Brisbane |company for Sydney | |Airport |(Kingsford-Smith) Airport | |the airport-lessee |the airport-lessee company | |company for Melbourne |for Sydney West Airport | |(Tullamarine) Airport | | |an airport-management |the airport-lessee company | |company for Melbourne |for Sydney West Airport | |(Tullamarine) Airport | | |the airport-lessee |an airport-management | |company for Melbourne |company for Sydney West | |(Tullamarine) Airport |Airport | |an airport-management |an airport-management | |company for Melbourne |company for Sydney West | |(Tullamarine) Airport |Airport | |the airport-lessee |the airport-lessee company | |company for Brisbane |for Sydney West Airport | |Airport | | |an airport-management |the airport-lessee company | |company for Brisbane |for Sydney West Airport | |Airport | | |the airport-lessee |an airport-management | |company for Brisbane |company for Sydney West | |Airport |Airport | |an airport-management |an airport-management | |company for Brisbane |company for Sydney West | |Airport |Airport | |the airport-lessee |the airport-lessee company | |company for Perth |for Sydney (Kingsford-Smith)| |Airport |Airport | |an airport-management |the airport-lessee company | |company for Perth |for Sydney (Kingsford-Smith)| |Airport |Airport | |the airport-lessee |an airport-management | |company for Perth |company for Sydney | |Airport |(Kingsford-Smith) Airport | |an airport-management |an airport-management | |company for Perth |company for Sydney | |Airport |(Kingsford-Smith) Airport | |the airport-lessee |the airport-lessee company | |company for Perth |for Sydney West Airport | |Airport | | |an airport-management |the airport-lessee company | |company for Perth |for Sydney West Airport | |Airport | | |the airport-lessee |an airport-management | |company for Perth |company for Sydney West | |Airport |Airport | |an airport-management |an airport-management | |company for Perth |company for Sydney West | |Airport |Airport | Subdivision C-15% limit on cross-ownership 50 Meaning of unacceptable cross-ownership situation For the purposes of this Act, an unacceptable cross-ownership situation exists in relation to a pair of airport-operator companies (the first company and the second company) and in relation to a particular person if: (a) the person holds a particular type of stake in the first company of more than 15%; and (b) the person holds any type of stake in the second company of more than 15%. Note: A person's stake includes the interests of the person's associates-see the Schedule. 51 Acquisitions of shares If: (a) a person, or 2 or more persons under an arrangement, acquire shares in a company; and (b) the acquisition has the result, in relation to a particular pair of airport-operator companies (the first company and the second company), that: (i) an unacceptable cross-ownership situation comes into existence in relation to the pair and in relation to a person; or (ii) if an unacceptable cross-ownership situation already exists in relation to the pair and in relation to a particular person- there is an increase in any type of stake held by the person in either the first company or the second company; and (c) the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result; the person or persons mentioned in paragraph (a) are guilty of an offence punishable on conviction by a fine not exceeding 400 penalty units. 52 Compliance by airport-operator companies (1) A member of a pair of airport-operator companies must take all reasonable steps to ensure that an unacceptable cross-ownership situation does not exist in relation to that pair. (2) A company commits an offence if: (a) the company is required to take steps under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 500 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 53 Remedial orders (1) If an unacceptable cross-ownership situation exists in relation to a pair of airport-operator companies, the Federal Court may, on application by the Minister or a member of the pair, make such orders as the court considers appropriate for the purpose of ensuring that the situation ceases to exist. (2) The Federal Court's orders include: (a) an order directing the disposal of shares; or (b) an order restraining the exercise of any rights attached to shares; or (c) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or (d) an order that any exercise of rights attached to shares be disregarded. (3) Subsection (2) does not, by implication, limit subsection (1). (4) In addition to the Federal Court's powers under subsections (1) and (2), the court: (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just. (5) The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both. (6) The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order. Subdivision D-Practical control 54 Meaning of control In this Subdivision: control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights. 55 Minister may declare person to have practical control of an airport- operator company Declaration (1) If: (a) the Minister is satisfied that: (i) the directors of an airport-operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates); or (ii) a person (either alone or together with associates) is in a position to exercise control over an airport-operator company; and (b) the Minister is satisfied that: (i) the person does not have any type of stake in the company; or (ii) if the person has one or more types of stake in the company- each of those stakes is not more than 15%; the Minister may declare that the person has practical control of the airport-operator company for the purposes of this Act. Declaration has effect (2) A declaration under this section has effect accordingly. Revocation of declaration (3) If: (a) a declaration is in force under this section; and (b) the Minister ceases to be satisfied of the matters referred to in paragraphs (1)(a) and (b); the Minister must revoke the declaration. Gazettal and notification of declaration (4) If a declaration under this section is made or revoked, the Minister must arrange for a copy of the declaration or revocation: (a) to be published in the Gazette; and (b) to be given to the airport-operator company and the person concerned. 56 Requirement to relinquish practical control or reduce stake (1) If a person: (a) has practical control of a particular airport-operator company (the first company); and (b) the first company is a member of a pair of airport-operator companies; and (c) either of the following subparagraphs applies to the other member of the pair: (i) the person has practical control of the other member; (ii) the person has a particular type of stake in the other member of more than 15%; the person must take such steps as are necessary to ensure that there is at least one member of the pair where both of the following paragraphs apply: (d) both: (i) the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and (ii) the person (either alone or together with associates) is not in a position to exercise control over the company; (e) either: (i) the person does not have any type of stake in the company; or (ii) if the person has one or more types of stake in the company- each of those stakes is not more than 15%. The person must take those steps: (f) within 90 days after receiving the copy of the most recent declaration under section 55 relating to the practical control of the first company or the other member of the pair; or (g) if the Minister, by written notice given to the person, allows a longer period for compliance-before the end of that longer period. Note: Practical control has the meaning given by section 55. (2) A person commits an offence if: (a) the person is required to take steps under subsection (1); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 400 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 57 Remedial orders (1) If a person: (a) has practical control of a particular airport-operator company (the first company); and (b) the first company is a member of a pair of airport-operator companies; and (c) either of the following subparagraphs applies to the other member of the pair: (i) the person has practical control of the other member; (ii) the person has a particular type of stake in the other member of more than 15%; the Federal Court may, on application by the Minister, make such orders as the court considers appropriate to ensure that there is at least one member of the pair where both of the following paragraphs apply: (d) both: (i) the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and (ii) the person (either alone or together with associates) is not in a position to exercise control over the company; (e) either: (i) the person does not have any type of stake in the company; or (ii) if the person has one or more types of stake in the company- each of those stakes is not more than 15%. Note: Practical control has the meaning given by section 55. (2) The Federal Court's orders include: (a) an order directing the disposal of shares; or (b) an order restraining the exercise of any rights attached to shares; or (c) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or (d) an order that any exercise of rights attached to shares be disregarded. (3) Subsection (2) does not, by implication, limit subsection (1). (4) In addition to the Federal Court's powers under subsections (1) and (2), the court: (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just. (5) The Federal Court may, before making an order under this section, direct that notice of the Minister's application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both. (6) The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order. Division 6-Head office of airport-operator company and citizenship/residency of directors of airport-operator company 58 Head office to be in Australia (1) An airport-operator company must ensure that the central management and control of the company is ordinarily exercised at a place in Australia. (2) A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Part 15. (3) A contravention of subsection (1) does not affect the validity of any transaction. 59 Majority of directors must be Australian citizens or Australian residents (1) An airport-operator company must ensure that a majority of its directors are: (a) Australian citizens; or (b) foreign citizens ordinarily resident in Australia. (2) A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Part 15. (3) A contravention of subsection (1) does not affect the validity of any transaction. Division 7-Record-keeping and giving of information 60 Record-keeping and giving of information (1) The regulations may make provision for and in relation to requiring a person: (a) to keep and retain records, where the records are relevant to an ownership matter; and (b) to give information to the Minister that is relevant to: (i) an ownership matter; or (ii) ascertaining whether Division 6 has been or is being complied with; and (c) to give information to an airport-operator company, where the information is relevant to an ownership matter that concerns the company. Note: Ownership matter is defined by subsection (6). Statutory declarations (2) The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(b) or (c) must be verified by statutory declaration. No self-incrimination (3) An individual is not required to give information in accordance with a requirement covered by paragraph (1)(b) or (c) if the information might tend to incriminate the individual or expose the individual to a penalty. Offence (4) A person commits an offence if: (a) the person is required to keep and retain records and to give information under subsection (1); and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 50 penalty units. Strict liability (4A) Strict liability applies to paragraph (4)(a). Note: For strict liability, see section 6.1 of the Criminal Code. Regulations may confer discretionary powers on the Minister (5) Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister. For example, the regulations could provide that the Minister may, by written notice given to an airport-operator company for an airport, require the company to give the Minister, within the period and in the manner specified in the notice, specified information about an ownership matter relating to the company. Definition (6) For the purposes of this section, each of the following matters is an ownership matter: (a) whether a person holds a particular type of stake in an airport- operator company and, if so, the level of that stake; (b) whether the directors of an airport-operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates); (c) whether a person (either alone or together with associates) is in a position to exercise control over an airport-operator company. For this purpose, control has the same meaning as in section 54. Division 8-Concurrent operation of State/Territory laws 61 Concurrent operation of State/Territory laws It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Part. Division 9-Validity of acts done in contravention of this Part 62 Validity of acts done in contravention of this Part An act is not invalidated by the fact that it constitutes an offence against this Part. Division 10-Acquisition of property 63 Acquisition of property (1) The Federal Court must not make an order under this Part if: (a) the order would result in the acquisition of property from a person otherwise than on just terms; and (b) the order would be invalid because of paragraph 51(xxxi) of the Constitution. (2) In this section: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. Part 4-Anti-avoidance 64 Simplified outline The following is a simplified outline of this Part: . This Part deals with schemes designed to avoid: (a) the rules about the leasing and management of airports; and (b) the ownership restrictions that apply to airport-operator companies. 65 Anti-avoidance-assets etc. Acquisition of assets (1) If: (a) one or more persons enter into, begin to carry out or carry out a scheme; and (b) it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Part 2 or 3 in relation to any person or persons (whether or not mentioned in paragraph (a)); and (c) as a result of the scheme or a part of the scheme, a person (the beneficiary) acquires any of the following assets: (i) an airport lease or an interest in an airport lease; (ii) a sublease of an airport lease; (iii) a licence relating to an airport lease; the Minister may give the beneficiary a written direction to dispose of the asset within a specified time. Acquisition of stake in airport-operator company (2) If: (a) one or more persons enter into, begin to carry out or carry out a scheme; and (b) it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Part 2 or 3 in relation to any person or persons (whether or not mentioned in paragraph (a)); and (c) as a result of the scheme or a part of the scheme, a person (the stakeholder) increases the stakeholder's stake in an airport-operator company; the Minister may give the stakeholder a written direction to cease holding that stake within a specified time. Offence (3) A person who intentionally contravenes a direction under subsection (1) or (2) is guilty of an offence punishable on conviction by a fine not exceeding 400 penalty units. Definitions (4) In this section: increase, in relation to a stake in a company, includes an increase from a starting point of nil. stake, in relation to a company, has the same meaning as in the Schedule. 66 Anti-avoidance-airport-management agreements (1) This section applies if: (a) one or more persons enter into, begin to carry out or carry out a scheme; and (b) it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Part 2 or 3 in relation to any person or persons (whether or not mentioned in paragraph (a)); and (c) as a result of the scheme or a part of the scheme, a person (the contractor) enters into an airport-management agreement with the airport-lessee company for an airport. (2) The Minister may, by written notice given to the contractor and the company, terminate the agreement with effect from a specified time. Part 5-Land use, planning and building controls Division 1-Simplified outline 67 Simplified outline The following is a simplified outline of this Part: . For each airport, there is to be an airport master plan. . Major development plans will be required for significant developments at airports. . Building activities on airport sites will require approval. . Buildings and structures on airport sites must be certified as complying with the regulations. Division 2-Scope of Part 68 Airports to which Part applies (1) This Part applies to: (a) a core regulated airport; or (b) an airport specified in the regulations; if there is an airport lease for the airport. (2) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport. Division 3-Airport master plans 69 Simplified outline The following is a simplified outline of this Division: . For each airport, there is to be a final master plan. . A final master plan is a draft master plan that has been approved by the Minister. . A draft master plan is prepared by an airport-lessee company after taking into account public comments. . A final master plan is relevant to the approval of major developments at the airport. 70 Final master plans (1) For each airport, there is to be a final master plan. Note: A final master plan is a draft master plan that has been approved by the Minister-see section 83. (2) The purposes of a final master plan for an airport are: (a) to establish the strategic direction for efficient and economic development at the airport over the planning period of the plan; and (b) to provide for the development of additional uses of the airport site; and (c) to indicate to the public the intended uses of the airport site; and (d) to reduce potential conflicts between uses of the airport site, and to ensure that uses of the airport site are compatible with the areas surrounding the airport. 71 Contents of draft or final master plan (1) This section specifies the matters that must be set out in each draft or final master plan for an airport. Airports other than joint-user airports (2) In the case of an airport other than a joint-user airport, a draft or final master plan must specify: (a) the airport-lessee company's development objectives for the airport; and (b) the airport-lessee company's assessment of the future needs of civil aviation users of the airport, and other users of the airport, for services and facilities relating to the airport; and (c) the airport-lessee company's intentions for land use and related development of the airport site, where the uses and developments embrace airside, landside, surface access and land planning/zoning aspects; and (d) an Australian Noise Exposure Forecast (in accordance with regulations, if any, made for the purpose of this paragraph) for the areas surrounding the airport; and (da) flight paths (in accordance with regulations, if any, made for the purpose of this paragraph) at the airport; and (e) the airport-lessee company's plans, developed following consultations with the airlines that use the airport and local government bodies in the vicinity of the airport, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and (f) the airport-lessee company's assessment of environmental issues that might reasonably be expected to be associated with the implementation of the plan; and (g) the airport-lessee company's plans for dealing with the environmental issues mentioned in paragraph (f) (including plans for ameliorating or preventing environmental impacts); and (h) if a draft environment strategy for the airport has been approved-the date of that approval; and (j) such other matters (if any) as are specified in the regulations. Paragraphs (a) to (h) do not, by implication, limit paragraph (j). Note 1: Airside means the part of the airport grounds, and the part of the airport buildings, to which the non-travelling public does not have free access. Note 2: Landside means the part of the airport grounds, and the part of the airport buildings, to which the non-travelling public has free access. Joint-user airports (3) In the case of a joint-user airport, a draft or final master plan must specify: (a) the airport-lessee company's development objectives for civil use of the airport; and (b) the airport-lessee company's assessment of the future needs of civil aviation users of the airport, and other civil users of the airport, for services and facilities relating to the area of the airport site leased to the company; and (c) the airport-lessee company's intentions for land use and related development of the area of the airport site leased to the company, where the uses and developments embrace: (i) in all cases-landside, surface access and land planning/zoning aspects; and (ii) if the leased area includes one or more runways or taxiways- airside aspects; and (d) an Australian Noise Exposure Forecast (in relation to civil uses of the airport and in accordance with regulations, if any, made for the purpose of this paragraph) for the areas surrounding the airport; and (da) civil flight paths (in accordance with regulations, if any, made for the purpose of this paragraph) at the airport; and (e) the airport-lessee company's plans, developed following consultations with the airlines that use the airport, local government bodies in the vicinity of the airport and the Department of Defence, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and (f) the airport-lessee company's assessment of environmental issues that might reasonably be expected to be associated with the implementation of the plan; and (g) the airport-lessee company's plans for dealing with the environmental issues mentioned in paragraph (f) (including plans for ameliorating or preventing environmental impacts); and (h) if a draft environment strategy for the airport has been approved-the date of the approval; and (j) such other matters (if any) as are specified in the regulations. Paragraphs (a) to (h) do not, by implication, limit paragraph (j). Note 1: Airside means the part of the airport grounds, and the part of the airport buildings, to which the non-travelling public does not have free access. Note 2: Landside means the part of the airport grounds, and the part of the airport buildings, to which the non-travelling public has free access. Matters provided by regulations (4) The regulations may provide that the objectives, assessments, proposals, forecasts and other matters covered by subsection (2) or (3) may relate to one or more of the following: (a) the whole of the planning period of the plan; (b) one or more specified 5-year periods that are included in the planning period of the plan; (c) subject to any specified conditions, a specified period that is longer than the planning period of the plan. Note: Planning period is defined by section 72. (5) The regulations may provide that, in specifying a particular objective, assessment, proposal, forecast or other matter covered by subsection (2) or (3), a draft or final master plan must address such things as are specified in the regulations. Plan to address consistency with planning schemes (6) In specifying a particular objective or proposal covered by paragraph (2)(a) or (c) or (3)(a) or (c), a draft or final master plan must address the extent (if any) of consistency with planning schemes in force under a law of the State or Territory in which the airport is located. (7) Subsection (6) does not, by implication, limit subsection (5). Company to have regard to Australian Standard (8) In developing plans referred to in paragraph (2)(e) and (3)(e), an airport-lessee company must have regard to Australian Standard AS2021-1994 ("Acoustics-Aircraft noise intrusion-Building siting and construction") as in force or existing at that time. (9) Subsection (8) does not, by implication, limit the matters to which regard may be had. 72 Planning period A draft or final master plan must relate to a period of 20 years. This period is called the planning period. 73 Assumption of continuity of lease For the purposes of the application of this Division to a draft or final master plan for an airport, it is to be assumed that the airport lease or airport leases held by the airport-lessee company will continue in force for the duration of the planning period of the plan or, if regulations made for the purposes of paragraph 71(4)(c) provide that a matter specified in the plan may relate to a longer period, the duration of that longer period. 74 Plan does not lapse when lease transferred A draft or final master plan for an airport does not cease to be in force if the airport lease or airport leases are transferred. In that event, the transferee is taken to have adopted the plan as its own. 75 Draft master plan to be given to Minister after acquisition or grant of airport lease (1) If: (a) a company acquires or is granted an airport lease; and (b) a final master plan for the airport is not in force at the time of the acquisition or grant; the company must give the Minister, in writing, a draft master plan for the airport: (c) within 12 months after the acquisition or grant; or (d) if the Minister, by written notice given to the company, allows a longer period-within that longer period. (2) A company commits an offence if: (a) the company is required to give the Minister a draft master plan under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 76 New draft master plan to be submitted before expiry of old plan (1) If a final master plan (the original plan) is in force for an airport, the airport-lessee company must give the Minister, in writing, a draft master plan for the airport before the expiry of the original plan. The planning period for the draft master plan must begin immediately after the expiry of the original plan. (2) A company commits an offence if: (a) the company is required to give the Minister a draft master plan under subsection (1); and (b) the company engages in conduct; and (c) the company's conduct contravenes the requirement. Penalty: 250 penalty units. (3) Strict liability applies to paragraph (2)(a). Note: For strict liability, see section 6.1 of the Criminal Code. 77 Duration of final master plan (1) A final master plan remains in force for 5 years. However, if, at the end of that 5 years, a fresh final master plan does not come into force, the original plan remains in force until a fresh plan comes into force. (2) Subsection (1) has effect subject to section 78 (which deals with replacement of plans). 78 Replacement of final master plan (1) If a final master plan (the original plan) for an airport is in force, the airport-lessee company for the airport may give the Minister, in writing, a draft master plan that is expressed to replace the original plan. When the draft plan becomes a final master plan, the original plan ceases to be in force. (2) If a final master plan (the original plan) for an airport is in force, the Minister may, by written notice given to the airport- lessee company for the airport, direct the company to give the Minister, in writing, a draft master plan that is expressed to replace the original plan. The company must comply with the direction: (a) within 180 days after the day on which the notice was given; or (b) if the Minister, by written notice given to the company, allows a longer period-within that longer period. When the draft plan becomes a final master plan, the original plan ceases to be in force. (2A) If a final master plan (the original plan) for an airport is in force, and a more recent Australian Noise Exposure Forecast for the airport is endorsed in the manner approved by the Minister, the airport-lessee company for the airport must give the Minister, in writing, a draft master plan that is expressed to replace the original plan. The company must give the Minister the draft master plan: (a) within 180 days of the more recent Australian Noise Exposure Forecast being endorsed; or (b) if the Minister, by written notice given to the company, allows a longer period-within that longer period. (3) A company commits an offence if: (a) the compa