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AIRPORTS (TRANSITIONAL) ACT 1996

Table of Provisions

PART 1--INTRODUCTION

  • 1 Short title  
  • 2 Commencement  
  • 3 Simplified outline  
  • 4 Definitions  
  • 5 Sydney West Airport  
  • 6 Sale time for Commonwealth - owned company  
  • 7 Crown to be bound  
  • 8 External Territories  
  • 9 Extra - territorial operation  

PART 2--TRANSFERS--FROM THE FAC TO THE COMMONWEALTH

  • 10 Simplified outline  
  • 11 Transfer of FAC land to the Commonwealth  
  • 12 Transfer of other FAC assets to the Commonwealth  
  • 13 Transfer of the FAC's contractual rights and obligations to the Commonwealth  
  • 14 Transfer of FAC liabilities to the Commonwealth  
  • 15 Transferred airport ceases to be a Federal airport for purposes of the FAC Act  
  • 16 Transfers of FAC land may be registered  
  • 17 FAC land leased to the Commonwealth  
  • 18 Lands Acquisition Act does not apply to this Part  

PART 3--ORIGINAL--GRANTS OF AIRPORT LEASES TO COMPANIES

  • 19 Simplified outline  
  • 20 Scope of Part  
  • 21 Commonwealth may grant airport lease to a Commonwealth - owned company  
  • 22 Commonwealth may grant airport lease to a company that is not owned by the Commonwealth  
  • 23 Transfer or lease of assets to company  
  • 24 Transfer of contractual rights and obligations  
  • 25 Transfer of liability to company  
  • 26 Airport lease granted subject to existing interests in the land  
  • 27 Entries in title registers  
  • 28 Lands Acquisition Act does not apply to this Part  

PART 4--TRANSFER--OF THE FAC'S ASSETS OR CONTRACTS TO AIRPORT-LESSEE COMPANIES

  • 29 Simplified outline  
  • 30 Transfer of assets  
  • 31 Transfer of contractual rights and obligations  

PART 5--TRANSFER--OF THE FAC'S LIABILITIES TO AIRPORT-LESSEE COMPANIES

  • 32 Simplified outline  
  • 33 Transfer of liabilities  

PART 6--TREATMENT--OF SALE OF SHARES IN AN AIRPORT-LESSEE COMPANY OWNED BY THE COMMONWEALTH

  • 34 Simplified outline  
  • 35 When this Part applies  
  • 36 Commonwealth may pay the FAC an amount before disposal of shares  
  • 37 Commonwealth must pay an amount to the FAC  
  • 38 Capital for the FAC following disposal of shares  

PART 7--TREATMENT--OF CONSIDERATION PAYABLE BY AN AIRPORT-LESSEE COMPANY THAT IS NOT OWNED BY THE COMMONWEALTH

  • 40 Simplified outline  
  • 41 When this Part applies  
  • 42 Commonwealth must pay an amount to the FAC  
  • 43 Capital for the FAC after consideration becomes payable  
  • 44 Appropriation of Consolidated Revenue Fund  

PART 8--SPECIAL--TAX RULES

Division 1--Simplified outline

  • 45 Simplified outline  

Division 2--Exemption from stamp duty and other taxes

  • 46 Exemption from stamp duty and other taxes  
  • 47 Airport - lessee company not liable to stamp duty on pre - grant instruments  
  • 48 Stamp duty--transfers of assets or liabilities to privately - owned companies  

Division 3--Special income tax rules

PART 9--TRANSFER--OF STAFF FROM THE FAC TO AIRPORT-LESSEE COMPANIES

Division 1--Simplified outline

  • 57 Simplified outline  

Division 2--Transfer of staff

  • 58 Transfer of staff from the FAC  

Division 3--Terms and conditions

  • 59 Terms and conditions of transferred employees  
  • 60 Variation of terms and conditions of employment  
  • 61 Statement of accrued benefits  

Division 4--Mobility rights

  • 62 Cessation of mobility rights  

Division 5--Long service leave

  • 63 Long service leave rules set out in Schedule 1  

Division 6--Superannuation

  • 64 Superannuation rules set out in Schedule 2  

Division 7--Safety, Rehabilitation and Compensation Act 1988

PART 10--FAC----DEBTS

Division 1--Simplified outline

  • 66 Simplified outline  

Division 2--Loans by the Commonwealth

  • 67 Scope of Division  
  • 68 Treasurer may declare that loan is due and payable  
  • 69 Commonwealth may pay the FAC an amount equal to the amount owing  

Division 3--Other borrowing transactions

  • 71 Scope of Division  
  • 72 Borrowing transactions  
  • 73 FAC's borrowing transactions may become the Commonwealth's borrowing transactions  
  • 74 Commonwealth takeover of certain obligations of the FAC  
  • 75 Application of the Loans Securities Act 1919  
  • 76 Commonwealth takeover of obligations--payments by the FAC to the Commonwealth  
  • 77 Commonwealth may pay the FAC an amount to enable the FAC to discharge or extinguish its liability under a borrowing transaction  

PART 11--PROSECUTIONS

PART 12--AIRPORT---LESSEE COMPANY NOT TO BE AN AGENCY OF THE COMMONWEALTH ETC.

  • 81 Simplified outline  
  • 82 Airport - lessee company not to be an agency of the Commonwealth etc.  

PART 13--MISCELLANEOUS

  • 83 Simplified outline  
  • 84 Transfer of pending proceedings  
  • 85 Operation of this Act does not place a person in breach of contract etc.  
  • 86 Appropriation--grant of airport lease to Commonwealth - owned company  
  • 87 This Act does not modify registers kept by land registration officials  
  • 88 Declarations that are contingent on the grant of an airport lease may be varied or revoked before the grant  
  • 89 Copies of declarations to be published in the Gazette  
  • 90 Compensation--constitutional safety - net  
  • 91 Commonwealth records  
  • 92 Act does not authorise the imposition of taxation  
  • 93 Regulations  

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