Federal airports Corporation Act 1986

An Act to establish a Federal Airports Corporation, and for related purposes

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Part I—Preliminary

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1 Short title [see Note 1]

This Act may be cited as the Federal Airports Corporation Act 1986.

2 Commencement [see Note 1]

This Act shall come into operation on a day to be fixed by Proclamation.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

aircraft includes:

(a) any machine that can derive support in the atmosphere from the reactions of the air; and

(b) an object that was designed or adapted for use as an aircraft but is incapable of being so used because:

(i) a part has, or parts have, been removed from it; or

(ii) it is in a wrecked or damaged condition.

airport security, in relation to Federal airports, means a combination of measures and human and material resources intended to safeguard the security of aircraft, persons and property at those airports.

annual report means an annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997.

authority of the Commonwealth includes:

(a) a Department of State of the Commonwealth or a Department of the Australian Public Service;

(b) the Defence Force;

(d) the Australian Federal Police;

(e) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;

(f) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory; and

(g) a company in which the whole of the shares or stock, or shares or stock carrying more than half of the voting power, is or are owned by or on behalf of the Commonwealth.

Board means the Board of the Corporation.

by-law means a by-law made under section 72.

Chairperson means the Chairperson of the Board.

corporate plan means a corporate plan for the Corporation under section 17 of the Commonwealth Authorities and Companies Act 1997.

Corporation means the Federal Airports Corporation established by subsection 5(1).

currency contract means:

(a) a forward exchange rate contract; or

(b) a contract with respect to currency futures.

Deputy Chairperson means the Deputy Chairperson of the Board.

employee means a person employed by the Corporation under subsection 61(1).

Federal airport means a Schedule airport or another place that is, or places that are, a Federal airport by virtue of Part IV.

Federal airport development site means a place in respect of which a declaration under section 26A or paragraph 26B(1)(a) is in force.

futures contract means:

(a) a deferred delivery contract; or

(b) a contract with respect to financial futures; or

jointly used area means the part of a joint-user aerodrome that:

(a) is not a Federal airport; but

(b) is available for civil aviation activities.

joint-user aerodrome means an aerodrome:

(a) part of which is a Federal airport (whether owned by the Commonwealth or by the Corporation); and

(b) the balance of which is:

(i) owned by the Commonwealth; and

(ii) under the control of the Department of Defence or a part of the Defence Force.

lease includes a sublease.

member means a member of the Board and includes the Chairperson and the Deputy Chairperson.

operate includes manage, maintain and improve.

Schedule airport means an aerodrome known as an airport that is specified in the Schedule

securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.

share means share in the share capital of a corporation, and includes stock except where a distinction between stock and shares is express or implied.

transfer day means the day fixed under subsection 23(1).

vehicle includes:

(a) a trailer, caravan or portion of an articulated vehicle; and

(b) an object that was designed or adapted for use as a vehicle but is incapable of being so used because:

(i) a part has, or parts have, been removed from it; or

(ii) it is in a wrecked or damaged condition.

(2) For the purposes of this Act:

(a) the Acting Chair may be referred to as the Acting Chair, Acting Chairperson, Acting Chairman or Acting Chairwoman or by any other such term as the person occupying the office so chooses; and

(b) the Acting Deputy Chair may be referred to as the Acting Deputy Chair, Acting Deputy Chairperson, Acting Deputy Chairman or Acting Deputy Chairwoman or by any other such term as the person occupying the office so chooses.

(2A) If a person occupying either of the offices mentioned in subsection (2) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate, as the case requires:

(a) Acting Chair or Acting Deputy Chair;

(b) Acting Chairperson or Acting Deputy Chairperson;

(d) Acting Chairwoman or Acting Deputy Chairwoman.

Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

(3) The question whether a company is a subsidiary of the Corporation shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.

(4) A reference in this Act to dealing with securities includes a reference to:

(a) creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or re-selling securities;

(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and

(5) For the purposes of this Act, each of the following periods is taken to be a financial year:

(a) each period of 12 months starting on 1 April that occurs before 1 April 1990;

(b) the period starting on 1 April 1990 and ending on 30 June 1991;

4 Extension to external Territories

(1) This Act extends to all the external Territories, other than Norfolk Island.

(2) The Minister may, by notice published in the Gazette, declare that this Act extends to Norfolk Island and, where the Minister makes such a declaration, the declaration has effect accordingly.

Part II—Establishment, Functions and Powers of Corporation

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5 Establishment of Corporation

(1) There is established by this Act a Corporation by the name of the Federal Airports Corporation.

(2) The Corporation:

(a) is a body corporate with perpetual succession;

(b) shall have a common seal; and

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Corporation appearing on a document and shall presume that the document was duly sealed.

6 Functions of the Corporation

The functions of the Corporation are as follows:

(a) to operate Federal airports, and participate in the operation of jointly used areas, in Australia;

(aa) to establish airports at Federal airport development sites;

(b) to provide the Commonwealth, governments, local government bodies, and other persons, who operate, or propose to operate, airports or facilities relating to airports (including airports and facilities outside Australia) with consultancy and management services relating to the development and operation of those airports or facilities;

(ba) to assist the Commonwealth and other persons in connection with any or all of the following:

(i) the implementation of the Airports (Transitional) Act 1996;

(ii) preparatory work associated with the implementation of the Airports Act 1996;

(iii) matters relating to the leasing, or proposed leasing, of an airport (within the meaning of the Airports (Transitional) Act 1996) that was or is a Federal airport or a Federal airport development site, including matters relating to the transfer, or proposed transfer, of responsibility for such an airport to an airport‑lessee company (within the meaning of the Airports (Transitional) Act 1996);

(i) relate to airports or Federal airport development sites; and

(ii) are not specified in subsection 8(2); and

(iii) are declared by the regulations to be functions of the Corporation.

7 Performance of functions of Corporation

(1) The Corporation may perform the functions conferred on it by this Act (including regulations for the purposes of paragraph 6(c)) to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions for purposes in relation to:

(a) trade and commerce with other countries, or among the States;

(b) a Territory;

(d) a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970.

(2) The Corporation shall endeavour to perform its functions in a manner that:

(a) is in accordance with the policies of the Commonwealth Government;

(b) ensures the safety of persons using airports;

(c) ensures that, as far as is practicable, the level of noise at airports is not such as to be detrimental to the communities near airports;

(ca) ensures that, as far as is practicable, the environment is protected from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft within the meaning of the Civil Aviation Act 1988) operating to or from Federal airports;

(d) ensures that, where land at a Federal airport is to be used for a purpose not directly related to aviation, being land in respect of which a lease, licence or authority has been granted to a person (other than the Commonwealth), the use would, if the land were not in a Federal airport, be allowed by the law of the relevant State or Territory (including laws made by a relevant local government body);

(da) ensures that if:

(i) land at a Federal airport development site is to be used for a purpose that is not directly related to aviation; and

(ii) a lease, licence or authority in respect of the land is granted to a person other than the Commonwealth;

the use of the land for that purpose would be allowed by the law of the relevant State or Territory if the land were not in a Federal airport development site;

(e) ensures that where a building is to be erected on land at a Federal airport for a purpose not directly related to aviation, being land in respect of which a lease, licence or authority has been granted to a person (other than the Commonwealth), the design and construction of the building would, if the land were not in a Federal airport, be allowed by the law of the relevant State or Territory (including laws made by a relevant local government body);

(ea) ensures that if:

(i) a building is to be erected on land at a Federal airport development site; and

(ii) the building is to be erected for a purpose that is not directly related to aviation; and

(iii) a lease, licence or authority has been granted in respect of the land to a person other than the Commonwealth;

the design and construction of the building would be allowed by the law of the relevant State or Territory if the land were not in a Federal airport development site;

(f) ensures that the Corporation and the communities served by Federal airports are good neighbours;

(g) enables the Corporation to earn a reasonable return on the assets used by the Corporation;

(h) enables the Corporation to pay reasonable dividends to the Commonwealth in accordance with this Act; and

(j) is in accordance with sound commercial practice.

(2A) Subsection (2) (other than paragraph (2)(a)) does not apply to the function conferred by paragraph 6(ba).

(3) Subsection (2) shall not be read as limiting:

(a) any other provisions of this Act; or

(b) the responsibilities of the Department, of Airservices Australia or of the Civil Aviation Safety Authority.

(4) Subject to any express provisions of this Act to the contrary, this Act shall not be read as implying that the Corporation is not required to comply with the laws of the Commonwealth relating to aircraft or aerodromes.

(5) A reference in paragraph (2)(da) or (ea) to a law of a State or Territory includes a reference to laws made by a relevant local government body.

8 Extent of functions of Corporation

(1) The functions of the Corporation referred to in paragraph 6(a) extend to:

(a) reviewing the use and capacity of existing Federal airports, determining the necessity or desirability of extending or otherwise altering Federal airports and carrying out necessary or desirable extensions to, or alterations of, Federal airports;

(b) carrying on commercial activities at, or in relation to, Federal airports (including carrying on such activities in co‑operation, or as joint ventures, with other persons);

(ba) providing, or arranging for the provision of, airport security at, or in relation to, Federal airports;

(d) disposing of, or otherwise dealing with, land which was previously a Federal airport or part of a Federal airport;

(da) carrying out activities to protect the environment from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft within the meaning of the Civil Aviation Act 1988) operating to or from Federal airports;

(e) co-operating with, and providing assistance to, the Department in relation to matters dealt with by the Department in respect of Federal airports; and

(f) co-operating with, and providing assistance to, Airservices Australia and the Civil Aviation Safety Authority, in relation to matters dealt with by Airservices Australia or the Civil Aviation Safety Authority in respect of Federal airports.

(1A) The functions of the Corporation referred to in paragraph 6(aa) extend to:

(a) carrying on commercial activities at, or in relation to, Federal airport development sites (including carrying on such activities in co-operation with, or as joint ventures with, other persons); and

(b) providing, or arranging the provision of, facilities and services at, or in relation to, Federal airport development sites; and

(c) disposing of, or otherwise dealing with, land that was previously a Federal airport development site or a part of one; and

(d) co-operating with, and providing assistance to, the Department in relation to matters dealt with by the Department in respect of Federal airport development sites; and

(e) co-operating with, and providing assistance to, Airservices Australia and the Civil Aviation Safety Authority in relation to matters dealt with by Airservices Australia or the Civil Aviation Safety Authority in respect of Federal airport development sites.

(2) The functions of the Corporation do not extend to:

(a) providing facilities or services of the kinds referred to in paragraphs 8(1)(a) and (b) of the Air Services Act 1995; and

(c) the provision of non-visual navigational aids, communication services, or meteorological services and facilities, relating to aircraft; and

(f) the investigation of the need for additional Federal airports and the desirability of replacing existing Federal airports with new Federal airports; and

(g) the preparation of plans for, and the establishment of, airports that are to be Federal airports.

(2A) Nothing in paragraph (2)(f) or (g) is to be taken to prevent the Corporation from establishing airports at Federal airport development sites under paragraph 6(aa).

(3) In this section:

apron means that part of a Federal airport to be used:

(a) for the purpose of enabling passengers to board, or disembark from, aircraft;

(b) for loading cargo on, or unloading cargo from, aircraft; or

Federal airport, except in paragraph (1)(d), includes a jointly used area.

manoeuvring area means that part of a Federal airport to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing excluding aprons.

(4) This section authorises the performance of functions by the Corporation in relation to jointly used areas only to the extent required by arrangements referred to in paragraph 9(2)(cb).

9 Powers of Corporation

(1) In addition to any other powers conferred on it by this Act, the Corporation has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2) Without limiting the generality of subsection (1), the powers of the Corporation referred to in subsection (1) include, subject to this Act, power:

(a) to enter into contracts for the purposes of this Act;

(b) without limiting paragraph (a):

(i) to grant a person a lease of;

(ii) to grant a person a licence to occupy; or

(iii) to give a person authority to use;

an area, a building, or a part of a building, at a Federal airport or Federal airport development site for a purpose specified in the lease, licence or authorisation, which purpose may be or include:

(iv) the selling, for delivery at the airport or development site, or supplying, of any goods or services;

(v) the carrying on of, or soliciting for, any business; or

(vi) the erection, display or distribution, of any advertisement or public notice;

(c) without limiting paragraph (a), to enter into an arrangement with an authority of the Commonwealth under which the authority is given the right:

(i) to use a Federal airport or Federal airport development site for a specified purpose; or

(ii) to use a specified part of a Federal airport or Federal airport development site (including a building, or part of a building, at the airport or development site) for a specified purpose;

(ca) without limiting paragraph (a) or (c), where land at a Federal airport or Federal airport development site is owned by the Commonwealth, to lease the land from the Commonwealth or enter into arrangements for the use of the land by the Corporation or by the Corporation and another authority of the Commonwealth;

(cb) without limiting paragraph (a), to enter into arrangements relating to the participation of the Corporation in the operation of jointly used areas;

(d) to acquire, hold and dispose of real and personal property for the purposes of this Act;

(da) without limiting paragraph (a) or (ca), to lease land from a person for the purposes of this Act;

(e) to the extent necessary to carry out its functions, to enter upon and inspect any land (including land owned or occupied by the Commonwealth or by a State or by a Territory) and, on land so entered, make surveys, take levels, sink bores, dig pits and examine the soil;

(f) to construct, or arrange for the construction of, buildings on, and facilities at, Federal airports or places that are to be Federal airports;

(fa) to construct, or arrange for the construction of, buildings on or facilities at Federal airport development sites;

(g) to form, or participate in the formation of, a company;

(h) to enter into a partnership;

(j) to let on hire plant, machinery, equipment or goods of the Corporation not immediately required by the Corporation; and

(k) to do anything incidental to any of the powers specified in this subsection or any other section of this Act.

(4) Before entering upon land pursuant to paragraph (2)(e), the Corporation shall give at least 14 days notice in writing of its intention to do so to the owner and the occupier of the land.

12 Consultation

In the performance of its functions and the exercise of its powers under this Act, the Corporation shall, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations.

Part III—Board of Corporation

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12A The Board

There is to be a Board of the Corporation.

12B Purposes of the Board

(1) The purposes of the Board are:

(a) to decide the objectives, strategies and policies to be followed by the Corporation; and

(b) to ensure that, in performing its functions, the Corporation has proper regard to the matters referred to in subsection 7(2).

(2) Anything done in the name of, or on behalf of, the Corporation by the Board is to be taken to have been done by the Corporation.

13 Constitution of Board

(1) The Board shall consist of:

(a) a Chairperson;

(b) a Deputy Chairperson;

(d) if the Minister decides to appoint one or more other members—not more than 6 other members.

(2) The members shall be appointed by the Minister.

(3) The Chief Executive Officer shall not be appointed as the Chairperson or as the Deputy Chairperson.

(4) The Chairperson may be appointed as a full-time member or as a part-time member.

(5) The members (other than the Chairperson) shall be appointed as part-time members.

(6) A member, including the Chairperson or the Deputy Chairperson, holds his or her office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Minister in writing.

(7) The performance of the functions and the exercise of the powers of the Corporation are not affected by reason only of there being a vacancy or vacancies in the membership of the Board.

14 Period of appointment of members

(1) Subject to this Part, a member holds office for such period, not exceeding 5 years, as is specified in the instrument of the member’s appointment, but he or she is eligible for re-appointment.

15 Outside employment

(1) Where the Chairperson has been appointed as a full-time member, he or she shall not engage in paid employment outside the duties of the office of Chairperson except with the approval of the Minister.

(2) A member appointed as a part-time member shall not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.

16 Remuneration and allowances of members

(1) Subject to subsection (2), the Chairperson, the Deputy Chairperson and the other members shall be paid:

(a) such remuneration as is determined by the Remuneration Tribunal; and

(b) such allowances as are prescribed.

(2) The Chief Executive Officer is not entitled to be paid remuneration or allowances under this section.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

17 Leave of absence

(1) Subject to section 87E of the Public Service Act 1922, a Chairperson appointed as a full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.

(1A) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.

(1B) The Minister may grant leave to a Chairperson appointed as a part-time member to be absent from a meeting or meetings of the Board.

(2) The Chairperson may grant leave to another member to be absent from a meeting or meetings of the Board.

18 Resignation

The Chairperson, the Deputy Chairperson or another member may resign the office of Chairperson, Deputy Chairperson or member, as the case may be, by writing signed by him or her and delivered to the Minister.

19 Termination of appointments

(1) The Minister may terminate the appointment of a member:

(a) for misbehaviour; or

(b) for physical or mental incapacity.

(2) If:

(a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

(b) a member, being a Chairperson who has been appointed as a full-time member:

(i) engages, except with the approval of the Minister, in paid employment outside the duties of the office of Chairperson; or

(ii) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months;

(i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member; or

(ii) is absent, except on leave of absence granted under section 17, from 3 consecutive meetings of the Board;

(ca) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time; or

(d) a member fails, without reasonable excuse, to comply with the member’s obligations under section 21 of the Commonwealth Authorities and Companies Act 1997;

the Minister shall terminate the appointment of the member.

(2A) Subsections (1) and (2) do not apply to the Chief Executive Officer.

(2B) If the Minister is of the opinion that the performance of the Board or the Corporation has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members (other than the Chief Executive Officer) or specified members (other than the Chief Executive Officer).

(2C) If the Minister is of the opinion that:

(a) the Board has failed to comply with section 42B; or

(b) the members have failed to comply with:

(i) subsection 13(2), 15(1) or 17(5) of the Commonwealth Authorities and Companies Act 1997; or

(ii) paragraph 16(1)(a) or (b) or the Commonwealth Authorities and Companies Act 1997;

the Minister may terminate the appointment of all members (other than the Chief Executive Officer) or specified members (other than the Chief Executive Officer).

(3) Where a Chief Executive Officer is dismissed from the office of Chief Executive Officer, he or she shall be taken to have resigned as a member of the Board on the day on which he or she is so dismissed.

21 Meetings of Board

(1) The Board shall hold such meetings as are necessary for the efficient performance of its functions and the discharge of its responsibilities.

(2) The Chairperson:

(a) may, at any time, convene a meeting of the Board; and

(b) shall, on receipt of a written request signed by not less than 2 other members, convene a meeting of the Board.

(3) The Minister may, at any time, convene a meeting of the Board.

(4) The Chairperson shall preside at all meetings of the Board at which he or she is present.

(5) Where the Chairperson is not present at a meeting of the Board:

(a) the Deputy Chairperson shall preside at the meeting; or

(b) if the Deputy Chairperson is not present at the meeting—the members present shall appoint one of their number to preside at the meeting.

(6) At a meeting of the Board, a quorum is constituted by the greater of:

(a) 3 members; or

(b) the number of members that constitutes a majority of the members for the time being holding office.

(7) Questions arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting.

(8) The person presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

22 Acting appointments

(1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the Chairperson:

(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.

(2) The Minister may appoint a member (other than the Chief Executive Officer) to act as the Deputy Chairperson:

(a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Deputy Chairperson is acting as the Chairperson, is absent from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.

(3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(d) (in this section referred to as an ordinary member):

(a) during a vacancy in the office of an ordinary member, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when an ordinary member is acting as the Chairperson or the Deputy Chairperson, is absent from Australia or is, for any reason, unable to perform the duties of the office.

(4) Where a Chairperson is appointed as a part-time member, a person appointed under paragraph (1)(b) to act as the Chairperson shall not be appointed otherwise than as a part-time member.

(5) An appointment of a person under subsection (1), (2) or (3) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(6) A person appointed under subsection (1), (2) or (3) to act during a vacancy in the office of Chairperson, Deputy Chairperson or ordinary member, as the case may be, shall not continue so to act for more than 12 months.

(7) Where a person is acting as the Chairperson, the Deputy Chairperson or an ordinary member otherwise than by reason of a vacancy in the office of Chairperson, Deputy Chairperson or ordinary member, as the case may be, and the office of Chairperson, Deputy Chairperson or ordinary member, as the case may be, becomes vacant while the person is so acting, then, subject to subsection (5), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurs expires, whichever occurs first.

(8) While a person is acting as the Chairperson, the Deputy Chairperson or an ordinary member, the person has and may exercise all the powers, and shall perform all the duties, of the Chairperson, the Deputy Chairperson or the member, as the case may be.

(9) The Minister may:

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as the Chairperson, the Deputy Chairperson or an ordinary member; and

(b) terminate such an appointment at any time.

(10) A person appointed to act as the Chairperson, the Deputy Chairperson or an ordinary member may resign by writing signed by the person and delivered to the Minister.

(11) The validity of anything done by or in relation to a person purporting to act as the Chairperson, the Deputy Chairperson or an ordinary member shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

Part IV—Federal Airports

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23 Schedule airports

(1) The Minister, when he or she considers it appropriate to do so, shall, by notice in writing published in the Gazette, fix a day specified in the notice (being a day later than the day of publication of the notice in the Gazette) as the day on which the Schedule airports are to become Federal airports.

(2) On the transfer day, each of the Schedule airports becomes a Federal airport.

24 Certain land not to become Federal airport

(1) If, immediately before the transfer day, any land forming part of a Schedule airport is not owned by the Commonwealth, that land (including any buildings, installations and equipment on that land) shall, for the purposes of this Act, be taken not to form part of that Schedule airport on the transfer day.

(2) If there is any land to which subsection (1) applies, the Corporation may enter into arrangements for the management of that land.

25 New Federal airports

(1) Subject to subsection (2), the Minister may, by notice in writing published in the Gazette, declare that, on a day specified in the notice (being a day later than both the transfer day and the day of publication of the notice in the Gazette), a place, or places (whether or not contiguous), specified in the Gazette, shall become a Federal airport to be known by a name specified in the notice, and where the Minister makes such a declaration, the declaration has effect accordingly.

(2) The Minister shall not make a declaration under subsection (1) in respect of a place that consists of, or includes, land that is not owned by the Commonwealth or by the Corporation.

26 Variation of Federal airports

(1) The Minister, on the recommendation of the Board, may, by notice in writing published in the Gazette, declare that on a day specified in the notice (being a day later than the day of publication of the notice in the Gazette), a place owned by the Commonwealth or by the Corporation and specified in the notice shall form part of a Federal airport specified in the notice and, where the Minister makes such a declaration, the declaration has effect accordingly.

(2) The Minister, on the recommendation of the Board, may, by notice in writing published in the Gazette, declare that, on a day specified in the notice (being a day later than the day of publication of the notice in the Gazette), a place specified in the notice forming part of a Federal airport specified in the notice shall cease to be part of that Federal airport and, where the Minister makes such a declaration, the declaration has effect accordingly.

26A Declaration of place as a Federal airport development site

(1) Subject to subsection (2), the Minister may declare that a place is a Federal airport development site.

(2) A declaration under subsection (1):

(a) must be made by notice published in the Gazette; and

(b) must be made only in respect of a place that consists of or includes land that is owned by either the Commonwealth or the Corporation; and

(d) must specify the day on which the declaration is to come into effect; and

(e) may relate to 2 or more places.

(3) The day specified under paragraph (2)(d) must be later than the day on which the notice is published in the Gazette.

(4) If a declaration relates to 2 or more places, the places need not be contiguous.

26B Variation of Federal airport development site

(1) The Minister may:

(a) declare that a place owned by the Commonwealth or the Corporation is to form part of a Federal airport development site; or

(b) declare that a place is to cease to be part of a Federal airport development site; or

(2) A declaration under subsection (1):

(a) may be made only on the recommendation of the Board; and

(b) must be made by notice published in the Gazette; and

(3) The day specified under paragraph (2)(c) must be later than the day on which the notice is published in the Gazette.

26C How a place ceases to be a Federal airport development site

If:

(a) a place is a Federal airport development site; and

(b) a declaration in respect of the place is made under section 25 or subsection 26(1);

the place ceases to be a Federal airport development site on the day that is specified in the notice published in the Gazette under that section or subsection.

27 Closure of Federal airport

The Minister may, by notice in writing published in the Gazette, declare that, on a day specified in the notice (being a day later than the day of publication of the notice in the Gazette), a Federal airport specified in the notice shall cease to be a Federal airport and, where the Minister makes such a declaration, the declaration has effect accordingly.

27A Reimbursement for financial detriment suffered as a result of declarations

(1) Where the Corporation satisfies the Minister that it has, during any period, suffered financial detriment as a result of a declaration by the Minister under section 25, 26, 26A, 26B or 27, other than a declaration the financial detriment resulting from which has been taken into account in the financial targets included in the corporate plan for a period including that period, the Corporation is entitled to be reimbursed by the Commonwealth the amount that the Minister determines, in writing, to be the amount of the financial detriment suffered by the Corporation during the period.

(2) The reference in subsection (1) to the Corporation suffering financial detriment includes a reference to the Corporation:

(a) suffering a loss; or

(b) incurring costs that are greater than the costs that the Corporation would otherwise have incurred; or

28 Vesting of land

(1) Subject to subsection (2), where, by virtue of this Part, land owned by the Commonwealth becomes a Federal airport or part of a Federal airport, that land (including all rights, title and interests in that land) is vested in the Corporation without any conveyance, transfer or assignment.

(2) Where a notice containing a declaration under subsection 25(1) or 26(1) states that land owned by the Commonwealth constituting or included in a place or places becoming a Federal airport or part of a Federal airport because of the declaration is not to vest in the Corporation, the declaration has effect accordingly.

(3) Subject to subsection (5), if land that is owned by the Commonwealth becomes a Federal airport development site under this Part, the land is vested in the Corporation without any conveyance, transfer or assignment.

(4) The reference in subsection (3) to land includes all rights, title and interests in the land.

(5) If:

(a) a declaration is made under subsection 26A(1) or paragraph 26B(1)(a) in relation to some land; and

(b) the declaration states that some or all of the land (in this subsection called the excluded land) is not to vest in the Corporation;

the excluded land does not vest in the Corporation under subsection (3) of this section.

29 Corporation holds Federal airports, and Federal airport development sites, for the Commonwealth

(1) While a place owned by the Corporation is a Federal airport or part of a Federal airport, that place is held by the Corporation for and on behalf of the Commonwealth.

(1A) While a place owned by the Corporation is a Federal airport development site (or part of a Federal airport development site), the place is held by the Corporation for and on behalf of the Commonwealth.

(2) No other provision of this Act shall be read as limiting subsection (1) or (1A).

30 State officer may act on certificate

(1) Where:

(a) land vests in the Corporation by virtue of this Part; and

(b) a certificate, signed by an officer of the Attorney-General’s Department authorised by the Secretary to that Department to give such certificates, which identifies that land, by reference to a map or otherwise, and states that that land is vested in the Corporation by virtue of this Part is lodged with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the officer with whom the certificate is lodged may register the vesting in the manner as nearly as may be in which dealings with land are registered, and may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the Corporation duly executed under the laws in force in that State or Territory.

(2) In this section, land includes any right, title or interest in land.

31 Buildings etc. not to vest automatically

Where, by virtue of this Part, any land vests in the Corporation, buildings and other fixtures on that land do not, because only of the vesting of the land, vest in the Corporation.

32 Transfer of assets

(1) The Minister may cause any building, fixture or other asset owned by the Commonwealth which was used at, or in relation to, a Schedule airport immediately before the transfer day to be transferred to the Corporation.

(2) The Minister may cause any building, fixture or other asset owned by the Commonwealth which, immediately before a place or places became a Federal airport or part of a Federal airport because of a declaration under subsection 25(1) or 26(1), was used at, or in relation to, that place or those places to be transferred to the Corporation.

(2A) If:

(a) a place or places become a Federal airport development site because of a declaration under subsection 26A(1) or paragraph 26B(1)(a); and

(b) immediately before the place or places became a Federal airport development site, a building, fixture or other asset was owned by the Commonwealth and was used at, or in relation to, the place or places;

the Minister may cause the building, fixture or asset to be transferred to the Corporation.

(3) Where the Minister causes an asset to be transferred to the Corporation under subsection (1), (2) or (2A), the Minister may, by writing signed by him or her, declare that that transfer shall be taken to have had effect from a specified day, not being a day earlier than the transfer day or the day on which the place or places at, or in relation to, which the asset was used was transferred, as the case may be, and, where the Minister makes such a declaration, the declaration has effect accordingly.

(4) Where a building, fixture or other asset of the Commonwealth is transferred to the Corporation pursuant to subsection (1), (2) or (2A), the Corporation becomes liable to pay and discharge all debts, liabilities and obligations of the Commonwealth, if any, that existed immediately before the transfer in respect of that asset.

33 Minister may make arrangements

The Minister may, by writing signed by him or her, declare that a specified agreement, or a specified instrument:

(a) to which the Commonwealth or the Commonwealth Government is a party; and

(b) that:

(i) immediately before the transfer day, related to a Schedule airport; or

(ii) immediately before the day specified in a declaration under subsection 25(1), 26(1), 26A(1) or 26B(1), related to a place or places to which that last-mentioned declaration applied;

has effect, after the transfer day or the day referred to in subparagraph (b)(ii), as the case may be, as if:

(c) the Corporation were substituted for the Commonwealth or the Commonwealth Government, as the case may be, as a party to the agreement or instrument; and

(d) any reference in the agreement or instrument to the Commonwealth or the Commonwealth Government were (except in relation to matters that occurred before the transfer day or the day referred to in subparagraph (b)(ii), as the case may be) a reference to the Corporation;

and, where the Minister makes a declaration under this section, it has effect accordingly.

34 Operation of Federal airports

Except with the consent, in writing, of the Minister, the Corporation shall not cease to operate a Federal airport as an airport.

35 Evidence of boundaries of airports

(1) The Minister, or a person holding or performing the duties of an office in the Department authorised by the Minister to give certificates under this section, may, by writing signed by him or her, certify that, on a specified day or during a specified period, a Federal airport, a Schedule airport or a Federal airport development site had the boundaries described, by reference to a map or otherwise, in the certificate.

(2) For the purposes of this Act, including a prosecution under this Act, a certificate under subsection (1) is evidence of the matters certified.

(3) A document purporting to be a certificate under subsection (1) and to be signed by a person authorised by the Minister to give such a certificate shall, unless evidence to the contrary is adduced, be deemed to be such a certificate.

36 Lands Acquisition Act

The Lands Acquisition Act 1989 does not apply to, or in relation to, or prevent:

(a) the acquisition (including the leasing) of land by the Corporation by agreement;

(b) the granting of a lease of land vested in the Corporation;

(d) the disposal of land vested in the Corporation.

Part V—Operation of Corporation

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39 Financial targets and performance indicators

(1) The Board, when setting the Corporation’s financial targets to be included in a corporate plan, shall consider the following matters:

(a) objectives and policies of the Commonwealth Government known to the Board and any directions of the Minister;

(b) the need for the Corporation to earn a reasonable rate of return on assets used;

(d) the need for the Corporation to establish and maintain a reasonable level of reserves having regard to the estimated future requirements of persons who will use Federal airports;

(e) the expectation of the Commonwealth that the Corporation will pay a reasonable dividend on the capital of the Corporation;

(ea) any financial detriments suffered by the Corporation as a result of a declaration by the Minister under section 25, 26, 26A, 26B or 27 (other than financial detriments for which the Corporation has been reimbursed under section 27A);

(f) any direction under subsection 41(2) that the Corporation provide a specific facility for the benefit of the public;

(g) such other commercial considerations as the Board considers fit.

40 Minister may vary corporate plan

(1) Without limiting the generality of the Minister’s powers under subsection 41(1A) or (2), the Minister may direct the Board to vary the Corporation’s corporate plan in respect of financial targets or non‑financial performance measures or both.

(2) When exercising his or her powers under subsection (1), the Minister shall have regard to:

(a) the matters specified in paragraphs 39(1)(a), (b), (c), (d), (e), (ea) and (f); and

(b) such other commercial considerations as the Minister thinks fit.

(3) Where the Minister has given the Board:

(a) a direction under subsection (1); and

(b) the reasons for the direction;

the Board shall comply with the direction.

41 Directions to Corporation

(1) Except as provided by this section or as otherwise expressly provided by this Act, the Corporation is not subject to direction by or on behalf of the Commonwealth Government.

(1A) The Minister may, by notice in writing to the Board, give directions to the Corporation with respect to the performance of its functions, or the exercise of its powers, if the Minister is satisfied that the directions would be likely to facilitate any or all of the following:

(a) the implementation of the Airports (Transitional) Act 1996;

(b) preparatory work associated with the implementation of the Airports Act 1996;

(c) matters relating to the leasing, or proposed leasing, of an airport (within the meaning of the Airports (Transitional) Act 1996) that was or is a Federal airport or a Federal airport development site, including matters relating to the transfer, or proposed transfer, of responsibility for such an airport to an airport‑lessee company (within the meaning of the Airports (Transitional) Act 1996).

(2) Subject to subsection (5), where the Minister is satisfied that it is desirable in the public interest to do so, the Minister may, by notice in writing to the Board, give directions to the Corporation with respect to the performance of its functions or the exercise of its powers.

(3) The Corporation shall comply with any direction under subsection (1A) or (2).

(4) Where the Minister gives a direction to the Corporation under subsection (1A) or (2), particulars of the direction shall be included in the annual report of the Corporation.

(5) The Minister is not entitled to direct the Corporation to:

(a) upgrade a Federal airport;

(b) establish, maintain or operate a facility, or a service, at, or in relation to, a Federal airport or Federal airport development site; or

(c) continue to maintain or operate a facility, or service, at, or in relation to, a Federal airport or Federal airport development site;

for the purpose of meeting the requirements of a particular area, unless the Minister has:

(d) caused an inquiry, in such form as he or she thinks appropriate, to be held into:

(i) whether the requirements of that area could be met by the provision of an aerodrome, facility or service, by a person or persons other than the Corporation; and

(ii) where the requirements of that area could be so met:

(A) whether the Commonwealth could be required to provide financial or other assistance in connection with the provision of the aerodrome, facility or service by the other person or persons; and

(B) if the Commonwealth could be required to provide such assistance—the nature, and the cost to the Commonwealth, of the assistance;

(e) given the Board a copy of the results of the inquiry; and

(f) caused a copy of those results to be laid before each House of the Parliament within 15 sitting days of that House after complying with paragraph (e).

Note: This section does not affect the application of the Commonwealth Authorities and Companies Act 1997 to the Corporation.

42 Reimbursement of cost of complying with directions

(1) Subject to subsection (1A), if the Corporation satisfies the Minister that it has, during any period, suffered financial detriment as a result of complying with a direction given under subsection 41(2), the Corporation is entitled to be reimbursed by the Commonwealth the amount that the Minister determines, in writing, to be the amount of the financial detriment suffered by the Corporation during the period.

(1A) Subsection (1) does not apply to a direction given under subsection 41(2) if:

(a) the notice of that direction stated that the direction is in accordance with the general policy of the Commonwealth Government; or

(b) it is a direction requiring the Corporation:

(i) to carry out activities to protect the environment from the effects of, or the effects associated with, the operation and use of aircraft operating to or from Federal airports; or

(ii) to perform any of its functions in a manner referred to in paragraph 7(2)(ca).

(2) The reference in subsection (1) to the Corporation suffering financial detriment as a result of complying with a direction under subsection 41(2) includes a reference to the Corporation:

(a) suffering a loss in complying with the direction;

(b) incurring costs in complying with the direction that are greater than the costs that the Corporation would otherwise have incurred; or

(c) foregoing revenue in complying with the direction that is revenue that the Corporation could otherwise have received.

42A Minister may give Corporation notices about its strategic direction etc.

(1) The Minister may, from time to time, by notice in writing to the Corporation, advise the Corporation of his or her views in relation to the following matters:

(a) the appropriate strategic direction of the Corporation;

(b) the manner in which the Corporation should perform its functions.

(2) The Corporation must, in performing its functions, take account of notices given to it under subsection (1).

(3) The Board must, in preparing each corporate plan, take account of notices given to the Corporation under subsection (1).

(4) The Corporation must include in the annual report for a financial year:

(a) a summary of notices given to the Corporation, in that financial year, under subsection (1); and

(b) a summary of action taken in that financial year by the Board or the Corporation because of notices given to the Corporation under subsection (1) in that or any other financial year.

42B Minister may direct Corporation to give documents and information to nominee

(1) In this section:

ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Corporation.

(2) The Minister may direct the Board to give to a specified ministerial nominee any documents or information relating to the operations of the Corporation that the nominee requests.

(3) The Board must comply with a direction by the Minister under subsection (2).

(4) The Corporation must include in the annual report for a financial year particulars of any directions given to the Board by the Minister under subsection (2) in that financial year.

Part VI—Finance

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43 Capital structure of Corporation

(1) In this section, Schedule airport assets means:

(a) land forming part of a Schedule airport; or

(b) buildings, installations, equipment and stores that:

(i) are situated at a Schedule airport;

(ii) are owned by the Commonwealth; and

(iii) in the opinion of the Minister and the Minister for Finance, will be transferred to the Corporation under section 32.

(2) The Minister and the Minister for Finance:

(a) shall, as soon as practicable after the day of commencement of this Act, determine:

(i) the value, on that day, of the Schedule airport assets; and

(ii) the amount that should be taken to be the amount of a loan by the Commonwealth to the Corporation in respect of those assets;

(b) where, during the period commencing on the day of commencement of this Act and ending on the transfer day, there is an increase in the value of Schedule airport assets because of an increase in the area of a Schedule airport or the construction or acquisition of property, shall, as soon as practicable, determine:

(i) the amount of the increase; and

(ii) the amount that, because of the increase, should be the amount (if any) of an increase in the amount determined under subparagraph (a)(ii);

(c) where, during the period referred to in paragraph (b), there is a decrease in the value of Schedule airport assets because of a decrease in the area of a Schedule airport or the removal or disposal of property, shall, as soon as practicable, determine:

(i) the amount of the decrease; and

(ii) the amount that, because of the decrease, should be the amount (if any) of a decrease in the amount determined under subparagraph (a)(ii);

(ca) shall, as soon as practicable after the day of commencement of this Act, determine the amount of the liabilities in relation to accrued staff entitlements (including long service leave and annual leave) transferred by the Commonwealth to the Corporation on or before 1 January 1988;

(d) where a place becomes, or places become, a Federal airport or part of a Federal airport because of a declaration under subsection 25(1) or 26(1), shall, as soon as practicable after the day on which that declaration had effect, determine:

(i) the value, on that last-mentioned day, of the land, buildings, installations and equipment owned by the Commonwealth at the place or places;

(ii) the amount that should be taken to be the amount of a loan (if any) by the Commonwealth to the Corporation in respect of the assets referred to in subparagraph (i); and

(iii) the amount of the liabilities in relation to accrued staff entitlements (including long service leave and annual leave) transferred by the Commonwealth to the Corporation in relation to the place or places;

(da) where a place becomes, or places become, a Federal airport development site because of a declaration under subsection 26A(1) or paragraph 26B(1)(a), must, as soon as practicable after the day (in this paragraph called the declaration day) on which the declaration had effect, determine:

(i) the value, on the declaration day, of the land, buildings, installations and equipment owned by the Commonwealth at the place or places; and

(ii) the amount that should be taken to be the amount of a loan (if any) by the Commonwealth to the Corporation in respect of the assets referred to in subparagraph (i); and

(e) where any assets are transferred from the Commonwealth to the Corporation pursuant to section 32 (other than any assets to which a determination under paragraph (a), (b), (d) or (da) applies), shall, as soon as practicable after the day on which the transfer occurred, determine:

(i) the value, on that last-mentioned day, of those assets; and

(ii) the amount that should be taken to be the amount of a loan (if any) by the Commonwealth to the Corporation in respect of those assets; and

(f) if any asset to which a determination under paragraph (a), (b), (d) or (da) applies will not be transferred from the Commonwealth to the Corporation pursuant to section 32, shall, as soon as practicable, determine:

(i) the value of that asset; and

(ii) the amount that, because of the non-transference of the asset, should be the amount (if any) of a decrease in the amount determined under subparagraph (a)(ii), (b)(ii), (d)(ii) or (da)(ii).

(3) For the purposes of a determination under subparagraph (2)(a)(ii), (b)(ii), (c)(ii), (d)(ii), (da)(ii), (e)(ii) or (f)(ii), the Minister and the Minister for Finance shall have regard to any matter that they consider relevant.

(4) The Minister for Finance shall determine the terms and conditions as to interest and otherwise on which the loans referred to in subsection (2) are made.

(5) A determination under this section shall be made in writing.

44 Capital of Corporation

(1) The capital of the Corporation at any time is the sum of:

(a) the values that have been determined under subparagraphs 43(2)(a)(i), (b)(i), (c)(ii), (d)(i), (da)(i), (e)(i) and (f)(ii);

(b) such amounts that have been paid to the Corporation out of money appropriated by the Parliament for the purpose of providing capital for the Corporation; and

(c) any reserves resulting from the operations of the Corporation (whether because of the retention of profits or otherwise) or from the revaluation of assets of the Corporation;

less the sum of:

(d) amounts that have been determined under subparagraphs 43(2)(a)(ii), (b)(ii) and (c)(i), paragraph (ca) and subparagraphs (d)(ii) and (iii) or (da)(ii) and (iii), (e)(ii) and (f)(i);

(e) the amounts that will become payable, or have been paid, by the Corporation to the Commonwealth for assets in respect of which a determination has been made under paragraph 43(2)(a)(i), (b)(i), (d)(i), (da)(i) or (e)(i);

(f) any amounts paid or payable by the Corporation under subsection 32(4); and

(g) any amounts of capital repaid to the Commonwealth by the Corporation.

(2) Interest is not payable to the Commonwealth on the capital of the Corporation, but the capital of the Corporation is repayable to the Commonwealth at such times, and in such amounts, as the Minister determines.

(3) In making a determination under subsection (2), the Minister shall have regard to any advice that the Corporation has given to him or her in relation to its financial affairs.

(4) A determination under this section shall be made in writing.

44A Revaluation of assets

The Board must ensure that the Corporation’s assets are revalued in accordance with prevailing commercial practice and in the manner (if any) agreed between the Minister for Finance and the Minister:

(a) if the assets have not previously been revalued under this section—within 5 years after 1 January 1988; or

(b) in any other case—within 5 years after the last day on which the assets were revalued under this section.

45 Exemption from taxation

(1) Notwithstanding any other law of the Commonwealth, a State or a Territory, the Corporation is not liable to pay taxes.

(1AA) Subsection (1) does not apply to a law of the Commonwealth relating to sales tax or income tax.

(1AB) The Corporation is not a public authority for the purposes of paragraph 23(d) of the Income Tax Assessment Act 1936 or section 50-25 of the Income Tax Assessment Act 1997.

(1A) Subsection (1) does not apply to a law of a State or Territory relating to pay-roll tax.

(4) Nothing in this section shall be read as implying that a company in which the Corporation has an interest or that is a partner of the Corporation is not liable to pay taxes under any law of the Commonwealth, of a State or of a Territory.

46 Payments of dividends to Commonwealth

(1) The Board shall, before the expiration of 4 months after the end of each financial year, by notice in writing given to the Minister, recommend that the Corporation:

(a) pay to the Commonwealth, in relation to the operations of the Corporation in that financial year, a dividend of an amount specified in the notice; or

(b) not pay a dividend to the Commonwealth for the financial year.

(2) In making a recommendation under subsection (1), the Board shall have regard to:

(a) the matters specified in paragraphs 39(1)(a), (c), (d), (e) and (f);

(b) the extent of the Commonwealth’s equity in the Corporation; and

(3) The Minister shall, before the expiration of 30 days after the receipt by him or her of a recommendation made by the Board under subsection (1) in relation to a financial year, give notice in writing to the Board:

(a) where the recommendation is that the Corporation pay a dividend to the Commonwealth for the financial year:

(i) approving the recommendation; or

(ii) directing the payment by the Corporation to the Commonwealth for the financial year of a dividend of a different specified amount; or

(b) where the recommendation is that the Corporation not pay a dividend to the Commonwealth for the financial year:

(i) approving the recommendation; or

(ii) directing the payment by the Corporation to the Commonwealth for the financial year of a dividend of a specified amount.

(4) In performing the functions under subsection (3), the Minister shall have regard to:

(a) the matters specified in paragraphs 39(1)(a), (c), (d), (e), (ea) and (f);

(b) the extent of the Commonwealth’s equity in the Corporation; and

(5) The Corporation shall, before the expiration of 8 months after the end of each financial year, other than a year in relation to which the Minister has given a notice under subparagraph (3)(b)(i), or within such further time as the Minister allows, pay to the Commonwealth:

(a) except in a case to which paragraph (b) applies—the amount of the dividend specified in the notice given by the Corporation under paragraph (1)(a) in relation to that financial year; or

(b) if the Minister has given a notice to the Corporation under subparagraph (3)(a)(ii) or (b)(ii) in relation to that financial year—the amount of the dividend specified in that notice.

(6) A payment by the Corporation to the Commonwealth under this section may be made:

(a) out of the profits of the Corporation for the financial year to which the payment relates;

(b) out of the profits of the Corporation for any preceding financial year or years; or

(c) partly out of the profits of the Corporation for the financial year referred to in paragraph (a) and partly out of the profits of the Corporation for any preceding financial year or years.

46A Interim dividends

(1) In this section:

interim dividend, in relation to a financial year, means an amount paid on account of the dividend that may become payable under section 46 for the financial year.

(2) The Board must, before 1 March in each financial year, by notice in writing given to the Minister, recommend that the Corporation pay a specified interim dividend, or not pay any interim dividend, to the Commonwealth for the financial year.

(3) In making a recommendation, the Board must have regard to:

(a) the matters specified in paragraphs 39(1)(a), (c), (d), (e) and (f); and

(b) the extent of the Commonwealth’s equity in the Corporation; and

(4) The Minister must, within 45 days after receiving a recommendation, by written notice to the Board, either:

(a) approve the recommendation; or

(b) give directions to the Board in relation to the payment of an interim dividend.

(5) The Minister must, in giving a notice under subsection (4), have regard to:

(a) the matters specified in paragraphs 39(1)(a), (c), (d), (e), (ea) and (f); and

(b) the extent of the Commonwealth’s equity in the Corporation; and

(6) If an interim dividend is approved or directed under subsection (4), the Corporation must pay the interim dividend to the Commonwealth by 15 June in the financial year.

47 Borrowing from Commonwealth

The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Corporation on such terms and conditions as the Minister for Finance, in writing, determines.

48 Borrowings otherwise than from Commonwealth

(1) The Corporation may:

(a) borrow money otherwise than from the Commonwealth; or

(b) raise money otherwise than by borrowing.

(2) Without limiting the generality of subsection (1), the Corporation may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.

(3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.

(6) For the purposes of this section:

(a) the issue by the Corporation of an instrument acknowledging a debt in consideration of:

(i) the payment or deposit of money; or

(ii) the provision of credit;

otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Corporation shall be deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and

(b) the obtaining of credit by the Corporation otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Corporation shall be deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.

49 Guarantee of borrowings by Corporation

(1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:

(a) guaranteeing the repayment by the Corporation of money borrowed under paragraph 48(1)(a) and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed; or

(b) guaranteeing the payment by the Corporation of such amounts (which may be interest) that the Corporation is liable to pay with respect to money raised under paragraph 48(1)(b) as are specified in the contract.

(2) The Treasurer may, in writing, determine:

(a) that the repayment by the Corporation of money borrowed under paragraph 48(1)(a), and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or

(b) that the payment by the Corporation of such money (which may be interest) that the Corporation is liable to pay with respect to money raised under paragraph 48(1)(b) as is specified in the determination is guaranteed by the Commonwealth;

and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by the force of this subsection, guaranteed by the Commonwealth.

(3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.

(4) A contract entered into under subsection (1) may include either or both of the following provisions:

(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;

(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.

50 Corporation may give security

The Corporation may give security over the whole or any part of its land or other assets for:

(a) the repayment by the Corporation of money borrowed by the Corporation under section 47 or paragraph 48(1)(a) and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed;

(b) the payment by the Corporation of amounts (including any interest) that the Corporation is liable to pay with respect to money raised by the Corporation under paragraph 48(1)(b); or

(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 49(1) or a determination made under subsection 49(2).

52 Guarantee of borrowings by subsidiary of Corporation

(1) This section applies to a borrowing by a body corporate (in this section referred to as a relevant subsidiary) that is a wholly owned subsidiary of the Corporation, of money, whether in Australian currency or in another currency, that has been or is to be expended in connection with the objects of the body corporate.

(2) Subject to this section, the Treasurer may, on behalf of the Commonwealth, at the request of a relevant subsidiary, enter into a contract guaranteeing that the relevant subsidiary will fulfil its obligations arising out of a borrowing to which this section applies to repay so much of the money borrowed, and to pay so much of the interest (including any interest on that interest) on that money, as are specified in the contract.

(4) Where the Treasurer enters into a contract under subsection (2) in respect of a borrowing, the Treasurer shall cause to be laid before each House of the Parliament, within 15 sitting days of that House after the contract is entered into, a notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as the Treasurer considers appropriate.

(5) For the purposes of this section:

(a) the issue by a relevant subsidiary of an instrument acknowledging a debt in consideration of the payment or deposit of money, or the provision of credit; or

(b) the obtaining of credit by a relevant subsidiary;

shall, to the extent of the amount of that money or of that credit, as the case may be, be deemed to be a borrowing by that relevant subsidiary.

(6) A contract entered into under subsection (2) may include either or both of the following provisions:

(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;

(7) For the purposes of subsection (1), a body corporate is a wholly owned subsidiary of the Corporation if that body corporate is a subsidiary of the Corporation and none of the members of that body corporate is a person other than:

(a) the Corporation;

(b) a nominee of the Corporation;

(c) a subsidiary of the Corporation, being a subsidiary none of the members of which is a person other than the Corporation or a nominee of the Corporation; or

(d) a nominee of a subsidiary referred to in paragraph (c).

53 Delegation by Treasurer

(1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 49 and 52.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.

(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.

(4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.

54AB Hedging through currency contracts etc.

(1) Subject to subsection (4), the Corporation may enter into and deal with contracts to which this section applies for hedging purposes in relation to:

(a) a borrowing, or a proposed borrowing, of money by the Corporation; or

(b) an investment of money by the Corporation; or

Note: For contracts to which this section applies, see subsection (6).

(2) The Minister may, by written determination, set guidelines for the exercise by the Corporation of its power under subsection (1) and must give the Corporation a copy of each determination made.

(3) Without limiting subsection (2), the guidelines may provide that:

(a) the Corporation is not to enter into or deal with contracts of a particular kind; or

(b) the Corporation is to enter into or deal with contracts of a particular kind only if the contract relates to specified matters.

(4) The Corporation must not enter into or deal with a contract to which this section applies contrary to any guidelines in force under subsection (2).

(5) A contract is taken to be entered into or dealt with for hedging purposes only if the contract is entered into or dealt with for the purposes of:

(a) reducing the risk of adverse variations in:

(i) the costs of a borrowing, or a proposed borrowing, of money by the Corporation; or

(ii) the revenue obtainable by the Corporation from the investment of money of the Corporation; or

(iii) the cost of commodities purchased by the Corporation; or

(b) maintaining the value of:

(i) investments made by the Corporation; or

(ii) property used as security for a borrowing, or a proposed borrowing by the Corporation.

(6) This section applies to contracts of the following kinds:

(a) currency contracts;

(b) interest rate contracts;

(d) contracts relating to:

(i) dealings known as currency swaps; or

(ii) dealings known as interest rate swaps; or

(iii) dealings known as commodity swaps;

(e) contracts relating to two or more of the dealings referred to in paragraph (d);

(f) options (including futures options);

(g) contracts of a kind approved in writing by the Minister.

56 Aeronautical charges

(1) In this section:

aeronautical charge means a charge for, or in respect of:

(a) the use by an aircraft of a Federal airport; or

(b) services or facilities provided by the Corporation;

and, without limiting the generality of the foregoing, includes:

(d) a charge relating to the embarkation or disembarkation of aircraft passengers at a Federal airport; and

(e) a charge relating to the handling of cargo carried on an aircraft;

but does not include any charge made under, or because of, a contract, a lease, a licence, or an authority, in writing under the common seal of the Corporation.

Federal airport includes a jointly used area.

(2) Subject to this section, the Corporation may, from time to time, make determinations fixing or varying aeronautical charges and specifying the persons by whom the charges are payable and the times when the charges are due and payable.

(2A) This section has effect subject to the Prices Surveillance Act 1983.

(3) The Corporation shall not make a determination under subsection (2) unless it has notified the Minister of the proposed determination.

(4) Notification under subsection (3) of a proposed determination:

(a) shall be made to the Minister in writing;

(b) shall specify the day on and from which the determination is, if not disapproved by the Minister, intended to operate;

(c) where the proposed determination relates to the fixing of an aeronautical charge—shall specify the basis of the proposed charge; and

(d) where the proposed determination relates to the variation of an aeronautical charge—shall specify the reason for the proposed variation.

(4A) Where the Corporation receives:

(a) a notice under paragraph 19(1)(b) of the Prices Surveillance Act 1983 about an inquiry into the supply of services, by the Corporation, to which the proposed determination relates; or

(b) a notice under section 28 of that Act withdrawing such a notice;

the Corporation must, in writing, inform the Minister of the notice and its contents.

(4B) Where the Corporation is given, under section 26 of the Prices Surveillance Act 1983, a report on an inquiry held under that Act in relation to the supply of services by the Corporation, it must give a copy of the report to the Minister.

(5) The Minister may, within the period referred to in subsection (6A), give notice in writing to the Corporation disapproving the proposed determination.

(6) In exercising the powers under subsection (5), the Minister shall have regard to the duties and the responsibilities of the Corporation under this Act.

(6A) The period within which the Minister may give notice is:

(a) if the Corporation has received a notice under paragraph 19(1)(b) of the Prices Surveillance Act 1983 about an inquiry into the supply of services, by the Corporation, to which the proposed determination relates—within 30 days after the Minister receives from the Corporation:

(i) notice under subsection (4A) that the Corporation has received a notice under section 28 of that Act; or

(ii) a copy of the report given to the Corporation under section 26 of that Act in relation to the supply of services concerned; or

(b) in any other case—within 30 days after the Minister receives a notice of the proposed determination.

(7) The Corporation may make a determination only if:

(a) the Minister has approved it; or

(b) the period within which the Minister may give to the Corporation a notice under subsection (5) has expired without the Minister having given such a notice.

(7AA) Where the Minister receives from the Corporation a copy of a report given to the Corporation under section 26 of the Prices Surveillance Act 1983 in relation to the supply of services, by the Corporation, to which the proposed determination relates, the Minister may, in the notice under subsection (5), disapprove the proposed determination and substitute a fresh determination.

(7AB) A determination so substituted by the Minister has effect as if it had been made by the Corporation in accordance with subsection (7).

(7A) The making of a determination shall be made public in such manner as the Corporation considers appropriate.

(8) Where the liability of a person to pay an aeronautical charge is not discharged within 28 days after the day on which that charge became due and payable, that person is, unless the Corporation exempts that person from the operation of this subsection in relation to that charge, liable to pay to the Corporation, by way of penalty, in addition to the amount of that charge, an amount calculated upon the amount of that charge remaining unpaid at the rate of 1.5%, or such other amount as is prescribed, for each month or part of a month for which that amount is unpaid to be computed from the day on which that charge became due and payable and to be compounded.

(9) The following amounts may be recovered by the Corporation as debts due to the Corporation:

(a) an aeronautical charge that is due and payable under this Act; and

(b) an amount payable by way of penalty under subsection (8).

(10) An aeronautical charge shall not be fixed at an amount that exceeds the amount that is reasonably related to the expenses incurred or to be incurred by the Corporation in relation to the matters in respect of which the charge is payable and shall not be such as to amount to taxation.

57 Rents etc. paid in advance

Where the Minister becomes satisfied that an amount received by the Commonwealth is or includes:

(a) an amount paid under a lease, licence or authority relating to land, or to a building or part of a building on land, in respect of a period when that land is vested in the Corporation;

(b) an amount in respect of the use by aircraft of an aerodrome in respect of a period when the aerodrome is a Federal airport; or

the Minister, having regard to all matters that he or she considers relevant, shall determine, in writing, the amount that should be paid by the Commonwealth to the Corporation because of the receipt of the first-mentioned amount, and the amount so determined is payable by the Commonwealth to the Corporation.

Part VIA—Provisions Relating to the Corporation’s Liability to Pay Income Tax

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57A Interpretation

In this Part:

Assessment Act means the Income Tax Assessment Act 1936.

57B Commencement of the Corporation’s liability to pay income tax

Income derived by the Corporation in a year of income commencing before 1 July 1991 is exempt income for the purposes of the Assessment Act.

57C Accelerated depreciation not available for income tax purposes

Section 57AL of the Assessment Act, as in force immediately after the commencement of section 38 of the Taxation Laws Amendment Act (No. 4) 1988, does not apply in relation to any unit of property of the Corporation.

57D Capital gains tax

(1) If:

(a) the Corporation owned a CGT asset at the end of 30 June 1991 (the changeover time); and

(b) the asset’s market value at that time was greater than what would have been, for the purposes of Part IIIA of the Income Tax Assessment Act 1936, the asset’s indexed cost base for the Corporation if the Corporation had disposed of it at that time;

then, for the purposes of working out whether the Corporation makes a capital gain from a later CGT event that happens in relation to the asset, Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 apply as if the Corporation:

(d) had immediately re-acquired it for an amount equal to its market value at the changeover time.

(2) If:

(a) the Corporation owned a CGT asset at the end of 30 June 1991 (the changeover time); and

(b) the asset’s market value at that time was less than what would have been, for the purposes of Part IIIA of the Income Tax Assessment Act 1936, the asset’s reduced cost base for the Corporation if the Corporation had disposed of it at that time;

then, for the purposes of working out whether the Corporation makes a capital loss from a later CGT event that happens in relation to the asset, Parts 3-1 and 3-3 of the Income Tax Assessment Act 1997 apply as if the Corporation:

(d) had immediately re-acquired it for an amount equal to its market value at the changeover time.

(3) A capital gain or capital loss is disregarded if it arises from a CGT event that happens in relation to a CGT asset of the Corporation and:

(a) the Commonwealth acquired the asset before 20 September 1985; or

(b) the Commonwealth and not the Corporation is entitled to the capital proceeds from the event.

(4) An expression has the same meaning in this section as in the Income Tax Assessment Act 1997, except so far as the contrary intention appears in this Act.

57E Land and buildings etc.

(1) For the avoidance of doubt, land that under section 28 is vested in the Corporation is taken, for the purposes of the Assessment Act or the Income Tax Assessment Act 1997, to be owned by the Corporation.

(2) If:

(a) a Federal airport, or part of it, or a Federal airport development site, or part of it, consists of or includes land that is owned by the Commonwealth; and

(b) any of that land is leased by the Commonwealth to the Corporation;

buildings and any other fixtures on the land so leased are taken, for the purposes of the Assessment Act or the Income Tax Assessment Act 1997, to be owned by the Corporation.

57F Superannuation payments

For the purposes of section 82AAC of the Assessment Act, a payment made by the Corporation to the Commonwealth under arrangements made for the purposes of paragraph 87J(8)(b) of the Public Service Act 1922 is taken to be a contribution to a fund for the purpose mentioned in paragraph 82AAC(1)(a) of the Assessment Act, being a fund that is an eligible superannuation fund, within the meaning of Part IX of the Assessment Act, in relation to the year of income of the fund in which the payment is made.

Part VII—Chief Executive Officer, Staff and Consultants

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58 Chief Executive Officer

(1) The Board is to appoint a person to be the Executive Officer of the Corporation.

(2) The Chief Executive Officer holds office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Board in writing.

58A Duties of Chief Executive Officer

(1) The Chief Executive Officer is, under the Board, to manage the Corporation.

(2) Anything done in the name of, or on behalf of, the Corporation by the Chief Executive Officer is to be taken to have been done by the Corporation.

58B Chief Executive Officer holds office during Board’s pleasure

The Chief Executive Officer holds office during the Board’s pleasure.

59 Acting Chief Executive Officer

(1) The Board may appoint a person to act as Chief Executive Officer:

(a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(3) The Board may:

(a) determine the terms and conditions of appointment, excluding remuneration and allowances, of a person acting as Chief Executive Officer; and

(b) terminate such an appointment at any time.

(4) A person, other than an employee, who is acting as Chief Executive Officer shall be paid the same remuneration and allowances as are payable to the Chief Executive Officer.

(5) An employee who is acting as Chief Executive Officer shall continue to be paid the remuneration and allowances payable to the employee as such an employee but shall also be paid:

(a) so much of any remuneration payable to the Chief Executive Officer as exceeds the remuneration that so continues to be paid to the employee;

(b) so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance that so continues to be paid to the employee; and

(c) if an allowance is payable to the Chief Executive Officer in respect of which there is no corresponding allowance payable to the officer—that allowance.

(6) Where a person is acting as Chief Executive Officer in accordance with paragraph (1)(b) and the office of Chief Executive Officer becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Board otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(7) The appointment of a person to act as Chief Executive Officer ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Chairperson.

(8) While a person is acting as Chief Executive Officer, the person may exercise all the powers, and shall perform all the functions and duties, of the Chief Executive Officer under this Act.

(9) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment has ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

60 Remuneration and allowances of Chief Executive Officer

The Chief Executive officer is to be paid such remuneration and allowances as the Board determines, in writing, from time to time.

61 Staff of Corporation

(1) The Corporation may employ such persons as it thinks necessary for the performance of its functions or the exercise of its powers.

(2) The terms and conditions of employment (including remuneration) of an employee shall be such as are determined by the Board.

(3) The Chief Executive Officer may, on behalf of the Corporation, arrange with the Secretary of a Department of the Australian Public Service, an authority of the Commonwealth that is not such a Department or another person:

(a) for the services of officers or employees of the Department, of the authority or of the other person, as the case may be, to be made available for the purposes of the Corporation; or

(b) for the services of an employee to be made available for the purposes of the Department, of the authority or of the other person, as the case may be.

62 Corporation as employer

The Corporation shall endeavour to achieve and maintain high standards as an employer in relation to terms and conditions of employment, occupational health, industrial safety, industrial democracy, non-discriminatory employment practices and other matters.

63 Engagement of consultants

(1) The Corporation may engage as consultants to the Corporation persons having suitable qualifications and experience.

(2) The terms and conditions of engagement of the persons engaged under subsection (1) are such as are determined by the Board.

64 Airport officers

The Chief Executive Officer may appoint:

(a) a specified person; or

(b) persons included in a specified class of persons;

to be an airport officer or airport officers, as the case may be, for the purposes of the performance or the exercise by that person or those persons of the functions or the powers of an airport officer under the by-laws.

Part VIII—Miscellaneous

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65 Extra matters to be included in annual report

The Corporation’s annual report must also include:

(a) an evaluation of the Corporation’s overall performance against:

(i) the objectives, including operational targets, set out in its corporate plan; and

(ii) the financial targets and non‑financial performance measures set out in its corporate plan; and

(b) an assessment of the adverse effect, if any, that meeting the non‑commercial commitments imposed on the Corporation has had on the Corporation’s profitability during the financial year; and

(d) a summary of:

(i) income earned by the Corporation from each Federal airport development site; and

(ii) the expenditure of money by the Corporation in relation to each Federal airport development site; and

(iii) any other financial transactions by the Corporation in relation to each Federal airport development site; and

(e) details of the progress in the establishment of an airport at each Federal airport development site.

66 Delegation by Minister

(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to:

(a) the person holding or performing the duties of the office of Secretary to the Department; or

(b) a person holding or performing the duties of a Senior Executive Service office within the meaning of the Public Service Act 1922, being an office in the Department;

all or any of the powers of the Minister under section 32 or 33.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

67 Delegation by Chief Executive Officer

(1) The Chief Executive Officer may, in writing, delegate all or any of the Corporation’s powers under this Act to:

(a) a member; or

(b) an employee; or

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Corporation.

(3) A delegation under this section does not prevent the exercise of a power by the Corporation.

67A Delegation by Board

(1) The Board may, by resolution, delegate all or any of its powers to:

(a) a member; or

(b) an employee; or

(2) The delegate is, in the exercise of a delegated power, subject to the directions of the Board.

(3) A delegation of a power under subsection (1):

(a) may be revoked by resolution of the Board (whether or not constituted by the persons who constituted the Board when the power was delegated); and

(b) continues in force in spite of a change in the membership of the Board.

(4) A certificate signed by the Chairperson stating any matter in relation to a delegation of a power under subsection (1) is prima facie evidence of the matter.

(5) A document purporting to be a certificate under subsection (4) shall, unless the contrary is established, be taken to be such a certificate and to have been properly given.

68 Duties of Corporation

Nothing in this Act shall be taken to impose on the Corporation or the Board a duty that is enforceable by proceedings in a Court of law.

69 Airports (Surface Traffic) Act

(1) Where, in accordance with Part IV, a Schedule airport or another airport becomes a Federal airport, it ceases to be an airport within the meaning of the Airports (Surface Traffic) Act 1960.

(2) For the purposes of this section, an airport shall be taken to become a Federal airport if part of the airport becomes a Federal airport.

70 Air Navigation Regulations

(1) The provisions of the Air Navigation Regulations empowering the Minister to establish or provide aerodromes and giving the Minister powers in relation to any such aerodromes do not apply in relation to a Federal airport or a Federal airport development site.

(3) For the purposes of the provisions of the Civil Aviation Regulations relating to licensing of aerodromes, the Corporation is the proprietor of each Federal airport.

71 Airports (Business Concessions) Act

(1) Where, in accordance with Part IV, a Schedule airport or another airport becomes a Federal airport, it ceases to be an airport within the meaning of the Airports (Business Concessions) Act 1959.

(2) Where, immediately before the day on which a Schedule airport or another airport became a Federal airport, the airport was an airport within the meaning of the Airports (Business Concessions) Act 1959 and:

(a) land within the airport was the subject of a lease or licence granted under subsection 6(1) of that Act; or

(b) a person had been granted, under subsection 8(1) of that Act, an authority in relation to the airport;

the lease, licence or authority continues to have the same effect, and is subject to the same terms and conditions, on and after that day as it had or to which it was subject, as the case may be, before that day except that a reference to the Commonwealth in that lease, licence or authority shall be read as a reference to the Corporation.

(3) Where, under subsection (2), a lease, licence or authority continues to have the same effect, or to be subject to the same terms and conditions, on and after the day on which a Schedule airport or another airport became a Federal airport as it had or to which it was subject, as the case may be, before that day, the Corporation may, as it considers fit, exercise in relation to that lease, licence or authority any power of the Minister under the Airports (Business Concessions) Act 1959 or that lease, licence or authority granted under that Act to the extent that the power so exercised is not inconsistent with this Act or the regulations or by-laws under this Act.

(4) For the purposes of this section, an airport shall be taken to become a Federal airport if part of the airport becomes a Federal airport.

71A Defence aerodromes

The part of a joint-user aerodrome that is not a Federal airport shall be taken to be an aerodrome for the purposes of section 20 of the Civil Aviation Act 1988.

71B Conduct by directors, servants and agents

(1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

(3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and

(b) that the servant or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

(5) Where:

(a) a person other than a body corporate is convicted of an offence; and

(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

(9) A reference in this section to an offence against this Act includes a reference to:

(a) an offence created by the regulations; and

(b) an offence created by section 5, 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914, being an offence that relates to an offence against this Act or the regulations.

72 By-laws

(1) The Board may make by-laws, not inconsistent with this Act or the regulations, prescribing matters:

(a) required or permitted by this Act to be prescribed by the by-laws; or

(b) necessary or convenient to be prescribed by the by-laws for carrying out or giving effect to this Act;

and, in particular, without limiting the generality of the foregoing, by-laws making provision for, or with respect to:

(c) the terms and conditions governing the provision to, or use by, any person, or class of persons, of services provided by, or facilities owned or operated by, the Corporation;

(d) charges, not being aeronautical charges within the meaning of section 56 or charges made under, or because of, a contract, a lease, a licence, or an authority, in writing under the common seal of the Corporation;

(e) the protection and preservation of property of, or property in the custody or under the control of, the Corporation;

(f) regulating the conduct of persons at Federal airports or Federal airport development sites;

(g) the maintenance of safety and order at Federal airports or Federal airport development sites;

(h) regulating or prohibiting access to the whole or part of a Federal airport or Federal airport development sites by persons or classes of persons and the removal of certain persons or classes of persons;

(j) regulating or prohibiting the parking of aircraft at Federal airports and providing for signs and tarmac markings for those purposes;

(k) regulating or prohibiting the use of vehicles at Federal airports and providing for signs and road markings for those purposes;

(m) the removal, sale or other disposal of unclaimed goods in the possession of the Corporation (including protection for the Corporation, airport officers and employees in relation to such removal, sale or disposal) and dealing with the proceeds of any such sale;

(n) regulating or prohibiting the carrying on of any activity at Federal airports or Federal airport development sites;

(p) the sale, supply, disposal, possession or control of liquor at a Federal airport or Federal airport development sites (including the sale, supply, disposal, possession or control of liquor by a person pursuant to a lease, licence or authority referred to in paragraph 9(2)(b));

(q) gambling activities at a Federal airport or Federal airport development sites (including gambling activities engaged in by a person pursuant to a lease, licence or authority referred to in paragraph 9(2)(b));

(r) providing for functions and powers to be conferred, and responsibilities to be imposed, upon airport officers;

(s) the prohibition of interference with:

(i) services provided by the Corporation;

(ii) property of, or property in the custody or under the control of, the Corporation; and

(iii) airport officers; and

(t) penalties not exceeding a fine of $500 for breaches of the by-laws.

(2) Without limiting the generality of subsection (1), the by-laws may, in respect of the parking of aircraft at a Federal airport, make provision for, or in relation to:

(a) the establishment of a scheme under which a person who has infringed a by-law concerning the parking of aircraft may, in order to avoid prosecution for the infringement, pay a fixed penalty;

(b) the circumstances in which the owner of an aircraft is deemed liable for an infringement relating to the parking of the aircraft and how such an owner may avoid that liability;

(c) the removal, sale or disposal of an aircraft parked in contravention of a by-law or apparently abandoned (including protection for the Corporation, airport officers and employees in relation to such removal, sale or disposal) and dealing with the proceeds of such a sale;

(d) where a person is prosecuted—the admissibility of statutory declarations or certificates of officers of the Department in relation to the ownership of an aircraft and averments which may be made by a prosecutor in relation to the day, time and place of an infringement and the relevant signs or markings in relation to the parking of aircraft; and

(e) the exercise by the Chief Executive Officer, airport officers or employees of the powers of the Corporation in relation to the parking of aircraft at Federal airports.

(3) Without limiting the generality of subsection (1), the by-laws may, in respect of vehicles at a Federal airport, make provision for, or in relation to:

(a) the establishment of a scheme under which a person who has infringed a by-law concerning vehicles may, in order to avoid prosecution for the infringement, pay a fixed penalty;

(b) the circumstances in which the owner of a vehicle is deemed liable for an infringement involving the vehicle and how such an owner may avoid that liability;

(c) the removal, sale or disposal of a vehicle parked in contravention of a by-law or apparently abandoned (including protection for the Corporation, airport officers and employees in relation to such a removal, sale or disposal) and dealing with the proceeds of such a sale;

(d) where a person is prosecuted—the admissibility of statutory declarations or certificates of officers of the Public Service of a State or of a Territory in relation to the ownership of a vehicle and averments which may be made by a prosecutor in relation to the day, time and place of an infringement and the relevant signs or markings in relation to motor vehicles; and

(e) the exercise by the Chief Executive Officer, airport officers or employees of the powers of the Corporation in relation to the control of the movement (including stopping or parking) of vehicles at Federal airports.

(4) A by-law shall not be taken to have been made unless and until it has been notified in the Gazette.

(5) Sections 48 (other than paragraph (1)(a)), 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to by-laws made under subsection (1) as if, in those provisions, references to regulations were references to by-laws, references to a regulation were references to a by-law and references to repeal were references to revocation.

(6) By-laws shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but subsections 5(3) to (3C) (inclusive) of that Act apply in relation to by-laws as they apply to statutory rules.

(7) For the purposes of the application of subsection 5(3B) of the Statutory Rules Publication Act 1903 in accordance with subsection (6), the reference in that first-mentioned subsection to the Minister for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

(9) In this section:

employee includes a person in respect of whose services arrangements are in force under paragraph 61(3)(a).

gambling activity includes a game of chance and a lottery (whether involving the use of a machine or otherwise).

liquor means wine, spirits, ale, beer or any liquid containing alcohol ordinarily used, or fit for use, as a beverage.

73 Operation of State and Territory laws

(1) By-laws in force under paragraph 72(1)(k) are not intended to exclude or limit the operation of any provision of a law of a State or Territory that deals with the use of vehicles and is capable of operating concurrently with those by-laws.

(2) By-laws in force under paragraph 72(1)(p) in respect of a Federal airport or Federal airport development site have effect, in relation to that airport or site, to the exclusion of any provisions of the law of the State or Territory in which the airport or site is situated relating to the sale, supply or disposal of liquor.

(3) By-laws in force under paragraph 72(1)(q) in respect of a Federal airport or Federal airport development site have effect, in relation to that airport or site, to the exclusion of any provisions of the law of the State or Territory in which the airport or site is situated relating to gambling activities.

(4) The Corporation shall, where it:

(a) engages in gambling activities at a Federal airport or Federal airport development site;

(b) grants a person a lease or licence, or gives a person an authority, referred to in paragraph 9(2)(b), that allows a person to use an area, a building, or a part of a building, at a Federal airport or Federal airport development site for gambling activities; or

endeavour to ensure that, as far as is reasonably practicable, persons are prevented from resorting to a Federal airport or Federal airport development site solely or principally for the purpose of:

(d) engaging in a gambling activity that is not permitted under the law of the State or Territory in which the airport or site is situated; or

(e) engaging in a gambling activity to which paragraph (d) does not apply otherwise than during the days and hours that that gambling activity is permitted under that law.

(5) In this section, gambling activity and liquor have the same meanings respectively as they have in section 72.

74 Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

(a) required or permitted by this Act to be prescribed by the regulations; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and in particular, prescribing penalties not exceeding a fine of $500 for offences against the regulations

Federal Airports Corporation Act 1986	4, 1986	4 Mar 1986	13 June 1986 (see Gazette 1986, No. S269)
Commonwealth Authorities Legislation (Pay-roll Tax) Amendment Act 1988	55, 1988	15 June 1988	1 July 1988	—
Transport Legislation Amendment Act 1988	57, 1988	15 June 1988	Ss. 3(1), (2), 5, 6, 17 and 18: 1 July 1988 (see Gazette 1988, No. S193) S. 7: 1 May 1989 (see Gazette 1989, No. S150) Ss. 10-12, 14 and 15: 13 June 1986 (see s. 2(2) and Gazette 1986, No. S269) Remainder: Royal Assent	S. 3(4)
Civil Aviation Act 1988	63, 1988	15 June 1988	Part III (ss. 17-32), s. 98, Parts IX and X (ss. 99-103): 1 July 1988 (see Gazette 1988, No. S189) Remainder: Royal Assent	S. 100(1)-(3)
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988	99, 1988	2 Dec 1988	2 Dec 1988	—
Federal Airports Corporation Amendment Act 1988	150, 1988	26 Dec 1988	23 Jan 1989	—
Transport Legislation Amendment Act 1989	6, 1989	16 Mar 1989	S. 8: Royal Assent (a)	—
Lands Acquisition (Repeal and Consequential Provisions) Act 1989	21, 1989	20 Apr 1989	9 June 1989 (see s. 2 and Gazette 1989, No. S185)	—
Federal Airports Corporation Amendment Act 1990	26, 1990	24 May 1990	Ss. 1-3: Royal Assent S. 23(1)(a): 1 July 1990 S. 23(1)(b): 1 July 1991 S. 23(1)(c) and (2): 13 June 1986 (see s. 2(6) and Gazette 1986, No. S269) Remainder: 1 July 1990 (see Gazette 1990, No. S154)	Ss. 10(2), (3), 12(2), 23(2), 34, 35(2) and 37(2)
as amended by
Transport and Communications Legislation Amendment Act 1990	11, 1991	21 Jan 1991	S. 45: (b)	—
Airlines Agreement (Termination) Act 1990	73, 1990	24 Sept 1990	31 Oct 1990	—
Transport and Communications Legislation Amendment Act 1990	11, 1991	21 Jan 1991	Ss. 20-22: Royal Assent (c) S. 23: 1 July 1990 (c) S. 24: (c)	—
Transport Legislation Amendment Act 1991	101, 1991	27 June 1991	Part 2 (ss. 4-6), ss. 3, 13, 14, 20 and 21: 10 Dec 1991 (see s. 2(3) and Gazette 1991, No. S332) Part 3 (ss. 7-9): 17 Feb 1984 Ss. 18(b) and 19: 1 July 1991 Ss. 18(a), (c) and 22: (d) Remainder: Royal Assent	—
Transport and Communications Legislation Amendment Act 1991	173, 1991	25 Nov 1991	Ss. 21-28, 30 and 56: Royal Assent (e) S. 29: (e)	S. 3
as amended by
Transport and Communications Legislation Amendment Act (No. 2) 1993	5, 1994	18 Jan 1994	S. 3 (item 129): 25 Nov 1991 (f)	—
Transport and Communications Legislation Amendment Act (No. 2) 1992	71, 1992	26 June 1992	Ss. 19 and 21: Royal Assent (g) Ss. 20 and 22: (g) S. 23: 1 July 1991 (g)	—
Qantas Sale Act 1992	196, 1992	21 Dec 1992	Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (h) Schedule (Part 5): 30 Aug 1995 (see Gazette 1995, No. S324) (h)	S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3)
as amended by
Qantas Sale Amendment Act 1993	60, 1993	3 Nov 1993	10 Mar 1993	—
Qantas Sale Amendment Act 1994	168, 1994	16 Dec 1994	S. 3 (item 17): Royal Assent (i)	—
Transport and Communications Legislation Amendment Act (No. 2) 1993	5, 1994	18 Jan 1994	S. 3 (item 70): Royal Assent (j)	—
Transport and Communications Legislation Amendment Act (No. 3) 1992	216, 1992	24 Dec 1992	Part 6 (ss. 24, 25): 1 July 1991 (k)	—
Transport and Communications Legislation Amendment Act (No. 2)1993	5, 1994	18 Jan 1994	S. 3 (items 44, 45): Royal Assent (l) S. 3 (item 46): 1 July 1990 (l) S. 3 (items 47-49): 25 Nov 1991 (l)	—
Evidence (Transitional Provisions and Consequential Amendments) Act 1995	3, 1995	23 Feb 1995	S. 14: Royal Assent (m) S. 27: 18 Apr 1995 (m)	S. 14
Civil Aviation Legislation Amendment Act 1995	82, 1995	30 June 1995	S. 5 (items 13-21): 6 July 1995 (see Gazette 1995, No. S270) (n)	—
Competition Policy Reform Act 1995	88, 1995	20 July 1995	S. 77: 6 Nov 1995 (see Gazette 1995, No. S423) (o)	—
Transport Legislation Amendment Act 1995	95, 1995	27 July 1995	S. 3 (Part F [items 1-4]), ss. 11(2) and 12(2): Royal Assent (p)	Ss. 11(2) and 12(2)
Airports (Transitional) Act 1996	36, 1996	9 Oct 1996	9 Oct 1996	Sch 4. (item 10)
Tax Law Improvement Act 1997	121, 1997	8 July 1997	S. 4: Royal Assent (q) Schedule 3 (item 69): (q)	S. 4 [see Table A]
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 760-779): 1 Jan 1998 (see Gazette 1997, No. GN49) (r)	—
Taxation Laws Amendment Act (No. 1) 1998	16, 1998	16 Apr 1998	Schedule 10 (items 67, 68): Royal Assent (s)	Sch. 10 (item 68) [see Table A]
Tax Law Improvement Act (No. 1) 1998	46, 1998	22 Jun 1998	S. 4: Royal Assent (t) Schedule 2 (item 539): (t)	S. 4

Provision affected	How affected
S. 3....................	am. No. 150, 1988; No. 26, 1990; Nos. 101 and 173, 1991; No. 71, 1992; No. 196, 1992 (as am. by No. 5, 1994); No. 152, 1997
Note to s. 5(2).............	ad. No. 152, 1997
S. 6....................	am. No. 150, 1988; No. 173, 1991; No. 36, 1996
S. 7....................	am. No. 63, 1988; Nos. 11 and 173, 1991; No. 82, 1995; No. 36, 1996
S. 8....................	am. Nos. 63 and 150, 1988; No. 26, 1990; Nos. 11, 101 and 173, 1991; No. 82, 1995
S. 9....................	am. No. 150, 1988; No. 26, 1990; No. 173, 1991
Ss. 10, 11................	rs. No. 26, 1990
	rep. No. 152, 1997
Heading to Part III..........	am. No. 26, 1990
Ss. 12A, 12B.............	ad. No. 26, 1990
S. 13...................	am. No. 26, 1990; No. 36, 1996
S. 14...................	am. No. 26, 1990
S. 16...................	am. No. 26, 1990; No. 5, 1994
S. 17...................	am. No. 26, 1990 (as am. by No. 11, 1991); No. 101, 1991
S. 18...................	am. No. 26, 1990
S. 19...................	am. No. 26, 1990; No. 101, 1991; No. 95, 1995; No. 152, 1997
S. 20...................	am. No. 26, 1990
	rep. No. 152, 1997
S. 21...................	am. No. 26, 1990; No. 36, 1996
S. 22...................	am. No. 26, 1990
S. 26...................	am. No. 26, 1990
Ss. 26A-26C..............	ad. No. 173, 1991
S. 27A..................	ad. No. 26, 1990
	am. Nos. 11 and 173, 1991; No. 152, 1997
S. 28...................	am. No. 150, 1988; No. 173, 1991
S. 29...................	am. No. 173, 1991
S. 32...................	am. No. 150, 1988; No. 173, 1991
S. 33...................	am. No. 173, 1991
S. 35...................	am. No. 173, 1991
S. 36...................	am. No. 21, 1989
Ss. 37, 38................	am. No. 26, 1990
	rep. No. 152, 1997
S. 39...................	am. No. 26, 1990; No. 173, 1991; No. 152, 1997
Heading to s. 40...........	am. No. 152, 1997
S. 40...................	am. No. 26, 1990; No. 36, 1996; No. 152, 1997
S. 40A..................	ad. No. 26, 1990
	rep. No. 152, 1997
S. 41...................	am. No. 26, 1990; No. 173, 1991; No. 36, 1996;
Note to s. 41..............	ad. No. 152, 1997
S. 42...................	am. No. 71, 1992; No. 5, 1994
S. 42A..................	ad. No. 95, 1995
	am. No. 152, 1997
S. 42B..................	ad. No. 95, 1995
Ss. 43, 44................	am. No. 57, 1988; No. 173, 1991
S. 44A..................	ad. No. 26, 1990
S. 45...................	am. No. 55, 1988; No. 26, 1990; No. 173, 1991; No. 121, 1997
S. 46...................	am. No. 26, 1990; No. 173, 1991
S. 46A..................	ad. No. 95, 1995
S. 48...................	am. No. 26, 1990
S. 51...................	rep. No. 26, 1990
Ss. 52, 53................	am. No. 26, 1990
S. 54...................	rs. No. 26, 1990
	rep. No. 152, 1997
S. 54A..................	ad. No. 26, 1990
	rep. No. 152, 1997
S. 54AB.................	ad. No. 71, 1992
Ss. 54B, 54C.............	ad. No. 26, 1990
	rep. No. 152, 1997
S. 55...................	am. No. 6, 1989; No. 26, 1990
	rep. No. 152, 1997
S. 56...................	am. Nos. 57 and 150, 1988; No. 6, 1989; No. 26, 1990; No. 5, 1994; No. 88, 1995
Part VIA (ss. 57A-57F)	ad. No. 71, 1992
Ss. 57A-57C..............	ad. No. 71, 1992
S. 57D..................	ad. No. 71, 1992
	rs. No. 46, 1998
S. 57E..................	ad. No. 71, 1992
	am. No. 216, 1992; No. 16, 1998
S. 57F..................	ad. No. 71, 1992
S. 58...................	am. No. 26, 1990; No. 95, 1995
Ss. 58A, 58B.............	ad. No. 26, 1990
S. 59...................	am. No. 26, 1990
S. 60...................	rs. No. 26, 1990
S. 61...................	am. No. 26, 1990
S. 63...................	am. No. 26, 1990
S. 65...................	am. No. 57, 1988
	rep. No. 26, 1990
	ad. No. 26, 1990
	am. No. 101, 1991; No. 173, 1991 (as am. by No. 5, 1994)
	rs. No. 152, 1997
S. 67...................	am. No. 26, 1990
S. 67A..................	ad. No. 26, 1990
S. 68...................	am. No. 26, 1990
S. 69...................	am. No. 150, 1988
S. 70...................	am. No. 63, 1988; No. 6, 1989; No. 73, 1990; No. 173, 1991
S. 71...................	am. No. 150, 1988
S. 71A..................	ad. No. 150, 1988
S. 71B..................	ad. No. 26, 1990
S. 72...................	am. Nos. 57 and 99, 1988; No. 26, 1990; No. 173, 1991; No. 5, 1994; No. 3, 1995
S. 73...................	am. No. 173, 1991