(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;
“appoint” includes re-appoint;
“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;
(c) the Australian Customs Service;
(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;
“by-law” means a by-law made under section 72;
“Chairperson” means the Chairperson of the Corporation;
“Corporation” means the Federal Airports Corporation established by sub-section 5 (1);
“Department” means the Department of Aviation;
“Deputy Chairperson” means the Deputy Chairperson of the Corporation;
“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;
“financial year” means a period of 12 months commencing on 1 April;
“member” means a member of the Corporation and includes the Chairperson and the Deputy Chairperson;
“operate”, in relation to an airport, includes manage, maintain and improve the airport;
“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 sub-section 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 Chairperson may be referred to as the Chairman or Chairwoman, as the case requires;
(b) the Deputy Chairperson may be referred to as the Deputy Chairman or Deputy Chairwoman, as the case requires;
(c) the Acting Chairperson may be referred to as the Acting Chairman or Acting Chairwoman, as the case requires; and
(d) the Acting Deputy Chairperson may be referred to as the Acting Deputy Chairman or Acting Deputy Chairwoman, as the case requires.
(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
(c) entering into agreements or other arrangements relating to securities.
Extension to external Territories
4. (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
Establishment of Corporation
5. (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
(c) may sue and be sued in its corporate name.
(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.
Functions of Corporation
6. The functions of the Corporation are—
(a) to operate Federal airports in Australia;
(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; and
(c) such other functions relating to airports, not being functions specified in sub-section 8 (2), as are declared by the regulations to be functions of the Corporation.
Performance of functions of Corporation
7. (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;
(c) external affairs; and
(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;
(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);
(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);
(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.
(3) Sub-section (2) shall not be read as limiting—
(a) any other provisions of this Act; or
(b) the responsibilities of the Department.
(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.
Extent of functions of Corporation
8. (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);
(c) providing, or arranging for the provision of, facilities and services 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; and
(e) co-operating with, and providing assistance to, the Department, to the extent required by the Department, in relation to matters dealt with by the Department in respect of Federal airports.
(2) The functions of the Corporation do not extend to—
(a) Air Traffic Control (including the provision of facilities for Air Traffic Control);
(b) matters relating to the control, by persons engaged in Air Traffic Control, of vehicles on manoeuvring areas at Federal airports;
(c) the provision of non-visual navigational aids, communication services, or meteorological services and facilities, relating to aircraft;
(d) Flight Service and facilities associated with Flight Service;
(e) the provision of rescue, fire-fighting, search and rescue, or anti-hijack, services relating to aircraft or of facilities for those services;
(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.
(3) In this section—
“Air Traffic Control” means a service known as Air Traffic Control established by the Minister under regulations in force under the Air Navigation Act 1920;
“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
(c) for refuelling, parking or carrying out maintenance on aircraft;
“Flight Service” means a service established, maintained or operated by the Minister under regulations in force under the Air Navigation Act 1920;
“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.
Powers of Corporation
9. (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 sub-section (1), the powers of the Corporation referred to in sub-section (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 for a purpose specified in the lease, licence or authorisation, which purpose may be or include—
(iv) the selling, for delivery at the Federal airport, 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 for a specified purpose; or
(ii) to use a specified part of a Federal airport (including a building, or part of a building, at a Federal airport) for a specified purpose;
(d) to acquire, hold and dispose of real and personal property 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;
(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.
(3) The Corporation shall not, except with the approval of the Minister, enter into a contract involving the payment by the Corporation of an amount exceeding $5,000,000.
(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.
Limitations on formation of companies, &c.
10. (1) The Corporation shall not, without the written approval of the Minister—
(a) subscribe for, or purchase, shares in, or debentures or other securities of, a company; or
(b) form, or participate in the formation of, a company that would, upon its formation, be a subsidiary of the Corporation.
(2) An approval under sub-section (1)—
(a) may be of general application or may relate to a particular company or proposed company; and
(b) may be given subject to conditions or restrictions set out in the instrument of approval.
(3) Subject to sub-section (4), where the Corporation subscribes for or purchases shares in, or debentures or other securities of, a company, the Minister shall—
(a) cause to be prepared a statement setting out particulars of, and the reasons for, the subscription or purchase; and
(b) cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after—
(i) subject to paragraph (ii), the subscription or purchase took place; or
(ii) if the Minister is of the opinion that the disclosure of the subscription or purchase would affect adversely the commercial interests of the Corporation, the Minister ceases to be of that opinion.
(4) Where the Corporation holds a controlling interest in a company, the Corporation shall ensure that the company does not do any act or thing that the Corporation is not itself empowered to do.
(5) Without limiting the generality of sub-section (4), the Corporation shall ensure that a company in which it holds a controlling interest does not—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
except on terms and conditions that are specified in, or consistent with, the approval of the Treasurer of the borrowing or raising of money by the Corporation.
Limitations on formation of partnerships
11. (1) The Corporation shall not, without the written approval of the Minister, enter into partnership with another person or other persons.
(2) An approval under sub-section (1)—
(a) may be of general application or may relate to a particular person, particular persons or a particular proposed partnership; and
(b) may be given subject to conditions or restrictions set out in the instrument of approval.
(3) Subject to sub-section (4), where the Corporation enters into partnership with another person or other persons, the Minister shall—
(a) cause to be prepared a statement setting out particulars of, and the reasons for, the partnership; and
(b) cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after—
(i) subject to sub-paragraph (ii), the partnership was entered into; or
(ii) if the Minister is of the opinion that the disclosure of the partnership would affect adversely the commercial interests of the Corporation, the Minister ceases to be of that opinion.
(4) Where the Corporation is able to control the acts and things done by a partnership of which it is a member, the Corporation shall endeavour to ensure that the partnership does not do any act or thing that the Corporation is not itself empowered to do.
Consultation
12. 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—CONSTITUTION OF CORPORATION
Constitution of Corporation
13. (1) The Corporation shall consist of—
(a) a Chairperson;
(b) a Deputy Chairperson; and
(c) 5 other members.
(2) The members shall be appointed by the Governor-General.
(3) The Chief Executive Officer shall not be appointed as the Chairperson or as the Deputy Chairperson.
(4) Subject to sub-section 14 (2), 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 Corporation.
Period of appointment of members
14. (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.
(2) A person who has attained the age of 65 years shall not be appointed as the Chairperson otherwise than on a part-time basis and a person shall not be appointed as the Chairperson, otherwise than on a part-time basis, for a period that extends beyond the day on which he or she will attain the age of 65 years.
Outside employment
15. (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.
Remuneration and allowances of members
16. (1) Subject to sub-section (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) If the Chief Executive Officer is a member of the Corporation, he or she is not entitled to be paid any remuneration under sub-section (1) but may be paid allowances under this section.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
Leave of absence
17. (1) The Minister may grant—
(a) leave of absence to a Chairperson appointed as a full-time member on such terms and conditions as to remuneration or otherwise as the Minister determines in writing; or
(b) leave to a Chairperson appointed as a part-time member to be absent from a meeting or meetings of the Corporation.
(2) The Chairperson may grant leave to another member to be absent from a meeting or meetings of the Corporation.
Resignation
18. 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 Governor-General.
Termination of appointment
19. (1) The Governor-General 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 granted by the Minister, for 14 consecutive days or 28 days in any 12 months;
(c) a member, not being a Chairperson who has been appointed as a full-time member—
(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 paragraph 17 (1) (b) or sub-section 17 (2), from 3 consecutive meetings of the Corporation; or
(d) a member fails, without reasonable excuse, to comply with the member’s obligations under section 20,
the Governor-General shall terminate the appointment of the member.
(3) Where a Chief Executive Officer who is a member of the Corporation is dismissed from the office of Chief Executive Officer, he or she shall be taken to have resigned as a member of the Corporation on the day on which he or she is so dismissed.
Disclosure of interests
20. (1) A member who has a direct or indirect pecuniary interest in a matter being considered by the Corporation shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Corporation.
(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Corporation and the member shall not, unless the Minister or the Corporation otherwise determines—
(a) be present during any deliberation of the Corporation with respect to that matter; or
(b) take part in any decision of the Corporation with respect to that matter.
(3) For the purpose of the making of a determination by the Corporation under sub-section (2) in relation to a member who has made a disclosure under sub-section (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not—
(a) be present during any deliberation of the Corporation for the purpose of making the determination; or
(b) take part in the making by the Corporation of the determination.
Meetings of Corporation
21. (1) The Corporation 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 Corporation; and
(b) shall, on receipt of a written request signed by not less than 2 other members, convene a meeting of the Corporation.
(3) The Minister may, at any time, convene a meeting of the Corporation.
(4) The Chairperson shall preside at all meetings of the Corporation at which he or she is present.
(5) Where the Chairperson is not present at a meeting of the Corporation—
(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 Corporation, 4 members constitute a quorum.
(7) Questions arising at a meeting of the Corporation shall be determined by a majority of the votes of the members present and voting.
(8) The person presiding at a meeting of the Corporation has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
Acting appointments
22. (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) (c) (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 sub-section (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 sub-section (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 sub-section (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
Schedule airports
23. (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.
Certain land not to become Federal airport
24. (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 sub-section (1) applies, the Corporation may enter into arrangements for the management of that land.
New Federal airports
25. (1) Subject to sub-section (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 sub-section (1) in respect of a place that consists of, or includes, land that is not owned by the Commonwealth or by the Corporation.
Variation of Federal airports
26. (1) The Minister, on the recommendation of the Corporation, 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 Corporation, 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.
Closure of Federal airport
27. 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.
Vesting of land
28. 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.
Corporation holds Federal airports for the Commonwealth
29. (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.
(2) No other provision of this Act shall be read as limiting sub-section (1)
State officer may act on certificate
30. (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.
Buildings, &c., not to vest automatically
31. 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.
Transfer of assets
32. (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 was transferred to the Corporation because of a declaration under sub-section 25 (1) or 26 (1), was used at, or in relation to, that place or those places to be transferred to the Corporation.
(3) Where the Minister causes an asset to be transferred to the Corporation under sub-section (1) or (2), 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 sub-section (1) or (2), 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.
Minister may make arrangements
33. 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 sub-section 25 (1) or 26 (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 sub-paragraph (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 sub-paragraph (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.
Operation of Federal airports
34. Except with the consent, in writing, of the Minister, the Corporation shall not cease to operate a Federal airport as an airport.
Evidence of boundaries of airports
35. (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 or a Schedule airport 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 sub-section (1) is evidence of the matters certified.
(3) A document purporting to be a certificate under sub-section (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.
Lands Acquisition Act
36. The Lands Acquisition Act 1955 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;
(c) the granting of a licence to occupy, or the giving of authority to use, land vested in the Corporation; or
(d) the disposal of land vested in the Corporation.
PART V—OPERATION OF CORPORATION
Corporate plan
37. (1) The Corporation—
(a) shall, as soon as practicable after the commencement of this Act, develop a corporate plan;
(b) shall, as soon as practicable before the commencement of each financial year (other than a financial year that is the earliest financial
year to which the Corporate plan relates) review and revise the Corporate plan; and
(c) may, from time to time, review and revise the Corporate plan.
(2) The Corporate plan developed under paragraph (1) (a) shall include a statement of the objectives of the Corporation for—
(a) where the plan is developed in the first 9 months of a financial year—the financial year in which the plan is developed and the 2 financial years immediately following that year; or
(b) where the plan is developed in the last 3 months of a financial year—the next financial year and the 2 financial years immediately following that next financial year.
(3) The Corporate plan as revised under paragraph (1) (b) shall include a statement of the objectives of the Corporation for the financial year immediately before the commencement of which the plan was revised and the 2 financial years immediately following that year.
(4) The Corporate plan shall outline the strategies and policies which the Corporation intends to adopt in order to achieve the objectives of the Corporation.
Corporate plan, &c., to Minister
38. (1) The Corporation shall, as soon as practicable after developing the Corporate plan, give the Minister a copy of that plan.
(2) The Corporation shall, as soon as practicable after revising the Corporate plan, give the Minister a copy of that plan as revised.
(3) Where the Corporation complies with sub-section (1) or (2) in relation to the Corporate plan or the Corporate plan as revised, as the case may be, the Corporation shall also give the Minister a copy of a financial plan that includes—
(a) a forecast of the Corporation’s receipts and expenditures;
(b) the Corporation’s financial targets for profits, rate of return and dividend; and
(c) the performance indicators it has adopted,
in relation to the earliest financial year to which the Corporate plan, or the Corporate plan as revised, as the case may be, relates.
Financial targets and performance indicators
39. (1) The Corporation, when setting its financial targets to be included in a financial plan under paragraph 38 (3) (b), shall consider the following matters:
(a) objectives and policies of the Commonwealth Government known to the Corporation and any directions of the Minister;
(b) the need for the Corporation to earn a reasonable rate of return on assets used;
(c) the need to maintain the extent of the Commonwealth’s equity in the Corporation;
(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;
(f) any direction under sub-section 41 (2) that the Corporation provide a specific facility for the benefit of the public;
(g) such other commercial considerations as the Corporation considers fit.
(2) For the purposes of paragraph 38 (3) (c), a performance indicator shall be in such terms as the Corporation thinks fit.
Minister may vary financial plan
40. (1) Without limiting the generality of the Minister’s powers under sub-section 41 (2), the Minister may direct the Corporation to vary financial targets of, and performance indicators adopted by, the Corporation.
(2) When exercising his or her powers under sub-section (1), the Minister shall have regard to—
(a) the matters specified in paragraphs 39 (1) (a), (b), (c), (d), (e) and (f); and
(b) such other commercial considerations as the Minister thinks fit.
(3) Where the Minister has given the Corporation—
(a) a direction under sub-section (1); and
(b) the reasons for the direction,
the Corporation shall comply with the direction.
Directions to Corporation
41. (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.
(2) Subject to sub-section (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 Corporation, 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 sub-section (2).
(4) Where the Minister gives a direction to the Corporation under subsection (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
(c) continue to maintain or operate a facility, or service, at, or in relation to, a Federal airport,
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 Corporation 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).
Reimbursement of cost of complying with directions
42. (1) Where the Corporation satisfies the Minister that it has, during any period, suffered financial detriment as a result of complying with a direction given under sub-section 41 (2), other than a direction the notice of which stated that the direction is in accordance with the general policy of the Commonwealth Government, 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 sub-section (1) to the Corporation suffering financial detriment as a result of complying with a direction under sub-section 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) forgoing revenue in complying with the direction that is revenue that the Corporation could otherwise have received.
PART VI—FINANCE
Capital structure of Corporation
43. (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 sub-paragraph (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 sub-paragraph (a) (ii);
(d) where a place becomes, or places become, a Federal airport or part of a Federal airport because of a declaration under sub-section 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; 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 sub-paragraph (i);
(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) or (d) 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) or (d) 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 sub-paragraph (a) (ii), (b) (ii) or (d) (ii)
(3) For the purposes of a determination under sub-paragraph (2) (a) (ii), (b) (ii), (c) (ii), (d) (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 sub-section (2) are made.
(5) A determination under this section shall be made in writing.
Capital of Corporation
44. (1) The capital of the Corporation at any time is the sum of—
(a) the values that have been determined under sub-paragraphs 43 (2) (a) (i), (b) (i), (c) (ii), (d) (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 sub-paragraphs 43 (2) (a) (ii), (b) (ii), (c) (i), (d) (ii), (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) or (e) (i);
(f) any amounts paid or payable by the Corporation under sub-section 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 sub-section (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.
Exemption from taxation
45. (1) Notwithstanding any other law of the Commonwealth, a State or a Territory, the Corporation is not liable to pay taxes.
(2) The Minister may, by notice in writing published in the Gazette, declare that stamp duty, or a similar tax, is not payable by the Corporation under a law of the Commonwealth, of a State or of a Territory in respect of—
(a) a security dealt with by the Corporation;
(b) the issue, redemption, transfer, sale, purchase, resale, acquisition or discounting of such a security by the Corporation or any other person, not including a transaction done without consideration or for an inadequate consideration;
(c) any other transaction done for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by the Corporation; or
(d) any other document executed by or on behalf of the Corporation for the purposes of a borrowing, or a raising of money otherwise than by borrowing, by the Corporation,
and, where the Minister makes such a declaration, the declaration has effect accordingly.
(3) A declaration may be made under sub-section (2) in relation to—
(a) a particular security, transaction or document; or
(b) securities, transactions or documents included in a class of securities, transactions or documents, as the case may be.
(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.
Payments of dividends to Commonwealth
46. (1) The Corporation 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 sub-section (1), the Corporation 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
(c) such other commercial considerations as the Corporation considers fit.
(3) The Minister shall, before the expiration of 30 days after the receipt by him or her of a recommendation made by the Corporation under sub-section (1) in relation to a financial year, give notice in writing to the Corporation—
(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 sub-section (3), the Minister 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
(c) such other commercial considerations as the Minister thinks fit.
(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 sub-paragraph (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 (l) (a) in relation to that financial year; or
(b) if the Minister has given a notice to the Corporation under sub-paragraph (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.
Borrowing from Commonwealth
47. 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.
Borrowings otherwise than from Commonwealth
48. (1) The Corporation may, with the approval of the Treasurer—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
(2) Without limiting the generality of sub-section (1), the Corporation may, under that sub-section, 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 sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
(5) An approval under sub-section (1) shall be given in writing.
(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.
Guarantee of borrowings by Corporation
49. (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 sub-section, guaranteed by the Commonwealth.
(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
(4) A contract entered into under sub-section (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.
Corporation may give security
50. 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 sub-section 49 (1) or a determination made under sub-section 49 (2).
Borrowings not otherwise permitted
51. The Corporation shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 47 and 48.
Guarantee of borrowings by subsidiary of Corporation
52. (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.
(3) For the purposes of the protection of the financial interests of the Commonwealth, the Treasurer shall not enter into a contract under sub-section (2) in respect of a borrowing by a relevant subsidiary unless—
(a) the Treasurer is satisfied that the terms and conditions of the borrowing are reasonable;
(b) where the borrowing consists of, or includes, the issue of instruments—the issue of those instruments, and the form of those instruments, have been approved by the Treasurer;
(c) appropriate security to the satisfaction of the Treasurer is, or is to be, given to the Commonwealth;
(d) undertakings to the satisfaction of the Treasurer are given by that relevant subsidiary that the property over which security is, or is to be, taken in accordance with paragraph (c)—
(i) will be insured and kept insured to its full insurable value against all risks against which it is customary to insure;
(ii) will not be sold or made the subject of a mortgage or charge having priority over the security given to the Commonwealth in respect of the contract of guarantee; and
(iii) will not be taken out of Australia for a destination outside Australia except after the giving of such security as the Treasurer requires;
(e) undertakings to the satisfaction of the Treasurer are given by that relevant subsidiary that, so long as the whole or any part of the amounts borrowed, or of any interest on those amounts, remains unpaid—
(i) officers of the Australian Public Service will have full access at all reasonable times to the financial accounts of that relevant subsidiary when authorised in writing by the Minister for that purpose; and
(ii) that relevant subsidiary will do everything within its power to ensure that the officers so authorised have access to the financial accounts of any body, whether corporate or unincorporate, in which that relevant subsidiary has, at any time, whether directly or indirectly, a controlling interest;
(f) undertakings to the satisfaction of the Treasurer are given by that relevant subsidiary that any legal costs incurred by the Commonwealth in connection with the contract of guarantee will be met by that relevant subsidiary; and
(g) such other conditions as the Treasurer thinks necessary are fulfilled.
(4) Where the Treasurer enters into a contract under sub-section (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 sub-section (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;
(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.
(7) For the purposes of sub-section (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).
Delegation by Treasurer
53. (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 10, 48, 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 sub-section (1) does not prevent the exercise of a power by the Treasurer.
Application of Division 2 of Part XI of the Audit Act
54. (1) It is hereby declared that the Corporation is a public authority to which Division 2 of Part XI of the Audit Act 1901 applies.
(2) Section 63h of the Audit Act 1901 applies in relation to the Corporation as if, in that section, the reference to 30 June were a reference to 31 March.
(3) In its annual report pursuant to the application of Division 2 of Part XI of the Audit Act 1901, the Corporation shall include an evaluation of its overall performance compared to the financial targets of, and the performance indicators adopted, by the Corporation for the year and details of its financial performance in respect of each Federal airport during the year.
Audit of subsidiaries
55. (1) The Auditor-General shall audit the financial statements of each company that is a subsidiary of the Corporation and shall prepare and submit to the Minister a report of the result of that audit.
(2) The Auditor-General shall inspect and audit the accounts and records of financial transactions of each company that is a subsidiary of the Corporation, and records relating to assets of, or in the custody of, each such company, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his or her so doing.
(3) The Auditor-General may, at his or her discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (2).
(4) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (2).
(5) The Auditor-General or a person authorised by the Auditor-General is entitled at all reasonable times to full and free access to all accounts and records of a company that is a subsidiary of the Corporation relating directly or indirectly to the receipt of payment of money by the company or to the acquisition, receipt, custody or disposal of assets by the company.
(6) The Auditor-General or a person authorised by the Auditor-General may make copies of, or take extracts from, any such accounts or records.
(7) The Auditor-General or a person authorised by the Auditor-General may require any person to furnish him or her with such information in the possession of the person, or to which the person has access, as the Auditor-General or authorised person considers necessary for the purposes of the functions of the Auditor-General under this section, and the person shall comply with the requirement.
(8) A person who contravenes sub-section (7) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.
(9) Nothing in this section—
(a) affects the application to a company that is a subsidiary of the Corporation of any law in force in a State or Territory relating to—
(i) the appointment of an auditor or auditors of the company; or
(ii) the powers and duties of an auditor or auditors of the company appointed under such a law; or
(b) prevents—
(i) the appointment, in accordance with section 63p of the Audit Act 1901, of the Auditor-General as auditor of such a company for the purposes of a law of a State or of a Territory; or
(ii) the inclusion in arrangements for the purposes of subparagraph 63p (1) (a) (i) of that Act, or an arrangement made under sub-section 63p (2) of that Act, relating to such
an appointment of a provision for the payment of a fee by the company to the Commonwealth in respect of carrying out an audit to which the arrangement relates or arrangements relate, as the case may be.
(10) In this section, “financial statements”, in relation to a company, means profit and loss accounts and balance sheets of the company and includes statements, reports and notes, other than auditors’ reports or directors’ reports, attached to or intended to be read with any of those profit and loss accounts or balance sheets.
Aeronautical charges
56. (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—
(c) a charge for the landing or parking of an aircraft at a Federal airport;
(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.
(2) Subject to this section, the Corporation may, from time to time, make determinations fixing or varying aeronautical charges.
(3) The Corporation shall not make a determination under sub-section (2) unless it has notified the Minister of the proposed determination.
(4) Notification under sub-section (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.
(5) The Minister may, within 60 days after the receipt by him or her of a notice under sub-section (3) of a proposed determination, give notice in writing to the Corporation disapproving the proposed determination.
(6) In exercising the powers under sub-section (5), the Minister shall have regard to the duties and the responsibilities of the Corporation under this Act.
(7) The Corporation shall not make a determination under sub-section (2) unless it has given notice of the proposed determination to the Minister under sub-section (3) and the Minister has not, within 60 days after receipt of the notice, given to the Corporation a notice under sub-section (5) disapproving the proposed determination.
(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 sub-section 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 sub-section (8).
Rents, &c., paid in advance
57. 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
(c) an amount by way of a charge for services provided by the Corporation,
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 VII—CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS
Chief Executive Officer
58. (1) The Corporation shall appoint a person to be the Chief 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 Corporation in writing.
Acting Chief Executive Officer
59. (1) The Corporation 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 sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) The Corporation 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 sub-section (2), that person may continue so to act until the Corporation 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 sub-section (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.
Remuneration and allowances of Chief Executive Officer
60. (1) The Chief Executive Officer shall be paid—
(a) such remuneration as is determined by the Remuneration Tribunal; and
(b) such allowances as are prescribed.
(2) This section has effect subject to the Remuneration Tribunals Act 1973.
Staff of Corporation
61. (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 Corporation.
(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.
Corporation as employer
62. 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.
Engagement of consultants
63. (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 sub-section (1) are such as are determined by the Corporation.
Airport officers
64. 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.
Superannuation benefits
65. (1) The Corporation may establish a superannuation scheme, approved by the Minister for Finance, to provide superannuation benefits to its employees and the Chief Executive Officer.
(2) Where, under sub-section (1), the Corporation establishes a superannuation scheme, by-laws, not inconsistent with the approval of the Minister for Finance given for the purposes of sub-section (1), may make provision for or in relation to the superannuation scheme.
PART VIII—MISCELLANEOUS
Delegation by Minister
66. (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.
Delegation by Corporation
67. (1) The Corporation may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to—
(a) a member of the Corporation;
(b) the Chief Executive Officer;
(c) an employee of the Corporation; or
(d) a person in respect of whose services arrangements under paragraph 61 (3) (a) are in force,
any of its powers under this Act, other than this power of delegation.
(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.
Duties of Corporation
68. Nothing in this Act shall be taken to impose on the Corporation a duty that is enforceable by proceedings in a Court of law.
Airports (Surface Traffic) Act
69. 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.
Air Navigation Regulations
70. (1) Regulation 82 of the Air Navigation Regulations does not apply in relation to a Federal airport except to the extent that the regulation applies to air routes and airway facilities.
(2) Notwithstanding sub-section (1), Federal airports shall, for the purposes of sub-sections 26 (1) and (6) of the Independent Air Fares Committee Act 1981, be taken to be aerodromes maintained and operated by the Minister pursuant to regulation 82 of the Air Navigation Regulations.
(3) For the purposes of sub-regulation 84 (1) of the Air Navigation Regulations, the Corporation is the proprietor of each Federal airport.
(4) Notwithstanding that a Federal airport may be an aerodrome licensed under regulation 84 of the Air Navigation Regulations, sub-regulation 84 (3) of those regulations do not apply to, or in relation to, the airport or the Corporation.
Airports (Business Concessions) Act
71. (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 sub-section 6 (1) of that Act; or
(b) a person had been granted, under sub-section 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 sub-section (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.
By-laws
72. (1) The Corporation 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;
(g) the maintenance of safety and order at Federal airports;
(h) regulating or prohibiting access to the whole or part of a Federal airport 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 offices 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;
(p) the sale, supply, disposal, possession or control of liquor at a Federal airport (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 (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 sub-section (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 sub-section (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 approved by the Minister and notified in the Gazette.
(5) Sections 48 (other than paragraph (1) (a)), 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 sub-sections 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 sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (6), the reference in that first-mentioned sub-section to the Minister for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.
(8) Section 5 of the Evidence Act 1905 applies to by-laws as that section applies to an order made by the Minister.
(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.
Operation of State and Territory laws
73. (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 have effect, in relation to that airport, to the exclusion of any provisions of the law of the State or Territory in which the airport 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 have effect, in relation to that airport, to the exclusion of any provisions of the law of the State or Territory in which the airport is situated relating to gambling activities.
(4) The Corporation shall, where it—
(a) engages in gambling activities at a Federal airport;
(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 for gambling activities; or
(c) makes by-laws referred to in paragraph 72 (1) (q),
endeavour to ensure that, as far as is reasonably practicable, persons are prevented from resorting to a Federal airport 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 Federal airport 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.
Regulations
74. 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.
———————
SCHEDULE
Sub-section 3 (1)
(definition of
“Schedule airport”)
AIRPORTS
Sydney (Kingsford-Smith) Airport
Bankstown Airport
Hoxton Park Airport
Camden Airport
Melbourne (Tullamarine) Airport
Essendon Airport
Moorabbin Airport
Brisbane (Eagle Farm) Airport
Archerfield Airport
Coolangatta Airport
Adelaide Airport
Parafield Airport
Perth Airport
Jandakot Airport
Hobart Airport
Cambridge Airport
Launceston Airport
[Minister’s second reading speech made in—
House of Representatives on 13 November 1985
Senate on 12 February 1986]
