Airports Act 1996

In force

Administered by

Department of Infrastructure, Transport, Regional Development, Communications and the Arts

Superseded version

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C2023C00349 (C35)

18 October 2023 - 19 March 2024

Table of contents

Part 1—Introduction
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Simplified outline
- 5 Definitions
- 6 Sydney West Airport
- 7 Meaning of core regulated airport
- 7A Transfers and acquisitions by way of the enforcement of a loan security
- 7B Meaning of joint user airport
- 7C Giving information and the Electronic Transactions Act
- 8 Crown to be bound
- 9 External Territories
- 10 Extra territorial operation
- 10A Application of the Criminal Code
Part 2—Leasing and management of airports
- Division 1—Simplified outline
  - 11 Simplified outline
- Division 2—Scope of Part
- 12 Airports to which Part applies
- Division 3—Grant of airport leases
- 13 Commonwealth may grant airport lease
- 14 Rules about airport leases
- 15 Termination of airport lease if lessee ceases to be a qualified company
- 16 Person may acquire airport leases for only one airport site
- 17 Simultaneous grant of leases to the same person must relate to the same airport
- 18 Sydney (Kingsford Smith) Airport and Sydney West Airport may be under common ownership
- 19 Only one person to hold airport leases for an airport site
- 20 Simultaneous grant of leases relating to the same airport site to be to the same person
- 20A Airport leases for an airport site to expire on the same day
- 21 No grant of lease if Part 3 contravened
- 22 Airport lease granted subject to existing interests in the land
- Division 4—Restrictions on acquisition and transfer of airport leases
- 23 Restriction on acquisition of airport lease
- 24 No transfer of airport lease without approval of Minister
- 25 No transfer of lease if Part 3 contravened
- 26 No declaration of trust in respect of airport lease
- 27 Beneficial interest in airport lease must not be transferred independently of legal interest
- 28 Notification of acquisition of lease or of entry into possession—enforcement of loan security
- 29 Re transfer of lease—enforcement of loan security
- 30 Termination of airport lease otherwise than under this Act
- Division 5—Obligation to use airport site as an airport
- 31 Obligation to use airport site as an airport
- Division 6—Restrictions on lessees
- Subdivision A—Airport operator company must not carry on non airport business
  - 32 Airport operator company must not carry on non airport business
- Subdivision B—Airport management agreements
- 33 Airport management agreements
- Subdivision C—Subleases and licences
- 34 Regulations may prohibit subleases of airport leases
- 34A Regulations may prohibit terms from being included in sublease of airport lease
- 34B Regulations may require terms to be included in sublease of airport lease
- 34C Regulations may prohibit declaration of trust in respect of sublease of airport lease
- 34D Regulations may provide that a beneficial interest in a sublease of airport lease must not be transferred independently of the legal interest
- 35 Regulations may prohibit licences relating to airport leases
- 35A Regulations may prohibit terms from being included in licence relating to airport lease
- 35B Regulations may require terms to be included in licence relating to airport lease
- 35C Regulations may prohibit declaration of trust in respect of licence relating to airport lease
- 35D Regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest
- 35E Termination of sublease or licence otherwise than under this Subdivision
- 35F Compensation—constitutional safety net
- Division 7—Lands Acquisition Act 1989 not to apply to anything done under this Part
- 36 Lands Acquisition Act 1989 not to apply to anything done under this Part
- Division 8—Entries in title registers
- 37 Entries in title registers
Part 3—Restrictions on ownership of airport operator companies
- Division 1—Simplified outline
  - 38 Simplified outline
- Division 2—Definitions in Schedule
  - 39 Definitions in Schedule
- Division 3—49% limit on foreign ownership
- Division 4—5% limit on ownership by airlines of airport operator companies for certain airports
- Division 5—Limits on cross ownership of pairs of airport operator companies
- Division 6—Head office of airport operator company and citizenship/residency of directors of airport operator company
  - 58 Head office to be in Australia
  - 59 Majority of directors must be Australian citizens or Australian residents
- Division 7—Record keeping and giving of information
  - 60 Record keeping and giving of information
- Division 8—Concurrent operation of State laws
  - 61 Concurrent operation of State laws
- Division 9—Validity of acts done in contravention of this Part
  - 62 Validity of acts done in contravention of this Part
- Division 10—Acquisition of property
  - 63 Acquisition of property
Part 4—Anti avoidance
- 64 Simplified outline
- 65 Anti avoidance—assets etc.
- 66 Anti avoidance—airport management agreements
Part 5—Land use, planning and building controls
- Division 1—Simplified outline
  - 67 Simplified outline
- Division 2—Scope of Part
  - 68 Airports to which Part applies
- Division 3—Airport master plans
- Division 4—Major development plans
- Division 4A—Airport plan for Sydney West Airport
- Division 5—Building control
- Division 6—Miscellaneous
Part 6—Environmental management
- Division 1—Simplified outline
  - 113 Simplified outline
- Division 3—Environmental standards at airports
- Division 4—Infringement notices
  - 138 Infringement notices
Part 7—Accounts and reports of airport operator companies
- Division 1—Simplified outline
  - 139 Simplified outline
- Division 2—Scope of Part
  - 140 Airports to which Part applies
- Division 3—Accounts
- Division 4—Airport reports
  - 145 Airport reports
  - 145A Publication of airport reports
- Division 5—Record keeping
  - 146 Record keeping
- Division 6—Protection of documents given to the ACCC
  - 147 Protection of documents given to the ACCC
- Division 7—Part supplements the Competition and Consumer Act 2010
  - 148 Part supplements the Competition and Consumer Act 2010
- Division 8—Concurrent operation of State laws
  - 149 Concurrent operation of State laws
Part 8—Quality of service monitoring and reporting
- Division 1—Simplified outline
  - 150 Simplified outline
- Division 2—Scope of Part
  - 151 Airports to which Part applies
  - 152 Airport services and facilities
- Division 4—ACCC to monitor quality of services and facilities
  - 155 ACCC to monitor quality of services and facilities
- Division 5—Record keeping and giving of information
  - 156 Record keeping and giving of information
- Division 6—ACCC may publish quality of service information
  - 157 Publication of quality of service information
- Division 7—Protection of information given to the ACCC
  - 158 Protection of information given to the ACCC
- Division 8—Part supplements the Competition and Consumer Act 2010
  - 159 Part supplements the Competition and Consumer Act 2010
Part 9—Variation and closure of airport sites
- 160 Simplified outline
- 161 Variation of airport sites—consent of lessee
- 162 Closure of airport sites
- 163 Surrender of airport leases
- 163A Variation of airport lease—reducing leased area
Part 10—Implementation of international agreements relating to airports
- 164 Simplified outline
- 165 Designated international agreements
- 166 Regulations may give effect to designated international agreements
- 167 Compliance by airport operators with regulations
Part 11—Control of certain on airport activities
- 168 Simplified outline
- 169 Airports to which Part applies
- 170 Control of liquor
- 171 Control of commercial trading
- 172 Control of vehicle movements
- 173 Control of gambling
- 174 Control of smoking
- 175 Enforcement
- 176 Infringement notices
- 177 Operation of State laws
- 178 Submissions
Part 12—Protection of airspace around airports
- Division 1—Simplified outline
  - 179 Simplified outline
- Division 2—Scope of Part
  - 180 Airports to which Part applies
- Division 3—Prescribed airspace
  - 181 Prescribed airspace
- Division 4—Protection of prescribed airspace
- Division 5—Part supplements regulations under the Civil Aviation Act 1988
  - 190 Part supplements regulations under the Civil Aviation Act 1988
Part 13—Access to airports and demand management at airports
- Division 1—Simplified outline
  - 191 Simplified outline
- Division 2—Application of the access regime in Part IIIA of the Competition and Consumer Act 2010
  - 193 Part IIIA of the Competition and Consumer Act 2010 to be subject to the demand management provisions of this Part
- Division 3—Scope of demand management provisions
  - 194 Scope of demand management provisions
- Division 4—Airport capacity declarations
- Division 5—Declarations subjecting airports to statutory demand management
- Division 6—Demand management schemes
- Division 7—Compliance with demand management schemes
  - 208 Compliance with demand management schemes
  - 209 Infringement notices
- Division 8—Part supplements Sydney Airport Curfew Act and Air Navigation Regulations
  - 210 Part supplements Sydney Airport Curfew Act
  - 211 Part supplements Air Navigation Regulations
- Division 9—Intervals of time
  - 212 Recurring intervals of time
  - 213 Specification of 2 or more intervals of time
- Division 10—Severability
  - 214 Severability
Part 14—Air traffic services and aerodrome rescue and fire fighting services
- 215 Simplified outline
- 216 Air traffic services, and aerodrome rescue and fire fighting services, not to be provided without approval
Part 15—Injunctions
- 217 Simplified outline
- 218 Injunctions
- 219 Interim injunctions
- 220 Discharge etc. of injunctions
- 221 Certain limits on granting injunctions not to apply
- 222 Other powers of the court unaffected
Part 16—Prosecutions
- 223 Simplified outline
- 224 Prosecutions of corporations
- 225 Prosecutions of persons other than corporations
Part 17—Incorrect records
- 226 Simplified outline
- 228 Incorrect records
- 230 Incorrect accounts and statements
- 231 False or misleading audit certificates
Part 18—Monitoring powers
- 232 Simplified outline
- 233 Authorised officers
- 234 Identity cards
- 235 Searches to monitor compliance with Part 5 or 6—occupier consents
- 236 Monitoring warrants
- 237 Power to require persons to answer questions etc.
- 238 Monitoring powers
- 239 Airport premises
- 240 References to Part 5 or 6
Part 19—Miscellaneous
- 241 Simplified outline
- 242 Review of decisions by Administrative Appeals Tribunal
- 243 Tabling of Ministerial statements about certain decisions
- 244 Delegation
- 245 Indictable offences
- 246 Constitutional corporations
- 247 Severability
- 248 Application of the Competition and Consumer Act 2010
- 249 Relocation of abandoned aircraft etc.
- 250 Access to airports for defence related purposes and for emergency or disaster relief
- 251 Compensation for access to airports for defence related purposes and for emergency or disaster relief
- 251A Sydney West Airport—miscellaneous provisions
- 251B Regulations declaring airport site
- 252 Regulations
- 253 Repeals
Schedule—Ownership definitions
- 1 Object
- 2 Definitions
- 3 When foreign citizens are ordinarily resident in Australia
- 4 Entering into an agreement or arrangement
- 5 Associates
- 6 Power to appoint director
- 7 Meaning of entitled to acquire
- 8 Meaning of interest in a share
- 9 Certain interests and stakes to be disregarded
- 10 Voting power
- 11 Stake in a company
- 12 Direct control interests in a company
- 13 Substantial interests in trust estates
- 14 Airport holding companies in which foreign persons have direct control interests
- Endnotes

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