Commonwealth Numbered Acts

AIRPORTS ACT 1996 No. 42, 1996 - SECT 5

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 means a lease of the whole or a part of an airport site, where:

   (a)  the Commonwealth is the lessor; and

   (b)  if the airport is not a joint-user airport-the leased area includes
        the airport runways; and

   (c)  if the airport is a joint-user airport-the leased area consists of the
        area ascertained in accordance with the regulations.
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.
Australia, when used in a geographical sense, includes the external
Territories.
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.
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.
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 does not include a sublease.
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 means:

   (a)  Canberra Airport; or

   (b)  Darwin Airport; or

   (c)  Townsville Airport.
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 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
        Law of a State or internal Territory; and

   (c)  has a share capital. 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).