Commonwealth Numbered Acts

AIRPORTS ACT 1996 No. 42, 1996 - SECT 29

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.

Offence

(2) A person who intentionally or recklessly contravenes subsection (1) is
guilty of an offence punishable on conviction by a fine not exceeding 400
penalty units.

Court orders

(3) If:

   (a)  a person contravenes subsection (1) 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)
        in relation to the lease; and

   (c)  such other matters (if any) as the court considers relevant.