Commonwealth Numbered Acts

AIRPORTS ACT 1996 No. 42, 1996 - SECT 109

(1) If:

   (a)  a building, structure, earthworks, engineering works, electrical
        works, hydraulic works or eligible alteration at an airport site is
        occupied or used; and

   (b)  the building, structure, earthworks, engineering works, electrical
        works, hydraulic works or eligible alteration is not of a kind
        declared by the regulations to be exempt from this Subdivision; and

   (c)  either:

        (i)    a certificate of fitness issued under regulations made for the
               purposes of this Subdivision is not in force in relation to the
               building, structure, earthworks, engineering works, electrical
               works, hydraulic works or eligible alteration, as the case
               requires; or

        (ii)   if such a certificate is in force in relation to the building,
               structure, earthworks, engineering works, electrical works,
               hydraulic works or eligible alteration, as the case requires-a
               condition of the certificate is contravened; an authorised
               person may give another person a written direction requiring
               the other person:

   (d)  to cease to occupy or use; or

   (e)  to carry out remedial work on; or

   (f)  to demolish, dismantle or remove; the building, structure, earthworks,
        engineering works, electrical works, hydraulic works or eligible
        alteration concerned.

(2) An authorised person must not give another person a direction under this
section unless the other person is:

   (a)  an airport-operator company for the airport concerned; or

   (b)  a person who is occupying or using, or is proposing to occupy or use,
        the building, structure, earthworks, engineering works, electrical
        works, hydraulic works or eligible alteration concerned; or

   (c)  a person who has caused or permitted, or is proposing to cause or
        permit, the building, structure, earthworks, engineering works,
        electrical works, hydraulic works or eligible alteration concerned to
        be occupied or used.

(3) A person must not intentionally or recklessly contravene a direction under
this section. Penalty: 50 penalty units.

(4) In this section:
authorised person means:

   (a)  the Secretary to the Department; or

   (b)  a person authorised in writing by the Secretary to the Department for
        the purposes of this section.