Airports Act 1996 (Cth)

Airports Act 1996

No. 42, 1996

Compilation No. 39

Compilation date:1 November 2025

Includes amendments:Act No. 45, 2025

About this compilation

This compilation

This is a compilation of the Airports Act 1996 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act about airports

Part 1Introduction1Short title

This Act may be cited as the Airports Act 1996.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Objects

The objects of this Act are as follows:
(a)
to promote the sound development of civil aviation in Australia;
(b)
to establish a system for the regulation of airports that has due regard to the interests of airport users and the general community;
(c)
to promote the efficient and economic development and operation of airports;
(d)
to facilitate the comparison of airport performance in a transparent manner;
(e)
to ensure majority Australian ownership of airports;
(f)
to limit the ownership of certain airports by airlines;
(g)
to ensure diversity of ownership and control of certain major airports;
(h)
to implement international obligations relating to airports.

4Simplified outline

The following is a simplified outline of this Act:
• This Act sets up a system for regulating airports.
• A Commonwealth‑owned airport can only be leased to a company. The company is called an airport‑lessee company.
• There will only be one airport‑lessee company for each airport and the company will not be allowed to lease another airport.
• An airport‑lessee company’s sole business will be to run the airport.
• An airport‑lessee company can contract out the management of the airport to another company. The other company is called an airport‑management company.
• This Act uses the term airport‑operator company to cover both airport‑lessee companies and airport‑management companies.
• Airport‑operator companies are subject to the following ownership restrictions:
(a)
a 49% limit on foreign ownership;
(b)
a 5% limit on airline ownership for certain airports;
(c)
a 15% limit on cross‑ownership for Sydney (Kingsford‑Smith)/Melbourne, Sydney (Kingsford‑Smith)/Brisbane and Sydney (Kingsford‑Smith)/Perth airports.
• For each airport, there will be an airport master plan.
• Major development plans will be required for significant developments at airports.
• Building activities on airport sites will require approval.
• Buildings and structures on airport sites must be certified as complying with the regulations.
• For each airport, there will be an environment strategy.
• The regulations may deal with environmental standards at airport sites.
• An airport‑operator company may be required to give accounts and reports to the Australian Competition and Consumer Commission.
• The regulations may require the Australian Competition and Consumer Commission to monitor the quality of certain aspects of airport services and facilities.
• Airport‑lessee companies must give written consent before airport sites are varied or closed.
• The regulations may implement certain international agreements relating to airports.
• The regulations may deal with the control of the following matters at airports:
(a)
liquor;
(b)
commercial trading;
(c)
vehicle movements;
(d)
gambling;
(e)
smoking.
• The regulations may control intrusions into prescribed airspace around airports.
• The Minister may formulate demand management schemes for airports.
• Air traffic services, and aerodrome rescue and fire fighting services, must not be provided at airports without the approval of the Civil Aviation Safety Authority.

5Definitions

(1)
In this Act, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
agreement means any agreement, whether formal or informal and whether express or implied.
aircraft means a machine or craft that can derive support in the atmosphere from the reactions of the air.
aircraft movement means:
1. (a)
  the landing of an aircraft at an airport; or
2. (b)
  the taking off of an aircraft from an airport.
airline means a person who carries on a commercial air transport enterprise that involves offering or operating scheduled or chartered air services.
airport means an airport in Australia.
airport capacity declaration has the meaning given by section 195.
airport lease:
1. (a)
  means a lease of the whole or a part of an airport site, where the Commonwealth is the lessor; and
2. (b)
  when used in relation to an airport—means a lease of the whole or a part of the airport site of the airport, where the Commonwealth is the lessor.
airport‑lessee company means a company that holds an airport lease.
airport‑management agreement has the meaning given by section 33.
airport‑management company means a company that is a party to an airport‑management agreement with an airport‑lessee company.
airport‑operator company means an airport‑lessee company or an airport‑management company.
airport plan for Sydney West Airport means a plan under Division 4A of Part 5.
airport site means a place that is:
1. (a)
  declared by the regulations to be an airport site; and
2. (b)
  a Commonwealth place; and
3. (c)
  used, or intended to be developed for use, as an airport (whether or not the place is used, or intended to be developed for use, for other purposes).
Note: The boundaries of an airport site are ascertained in accordance with the regulations.
Airside Vehicle Control Handbook for an airport has the meaning given by subsection 172(2).
ancillary development has the meaning given by section 96L.
approved auditor has the meaning given by section 144.
associated site for Sydney West Airport has the meaning given by section 96L.
Australia, when used in a geographical sense, includes the external Territories.
Australian Noise Exposure Forecast, for an airport, means an Australian Noise Exposure Forecast endorsed in the manner approved by the Minister.
building activities has the meaning given by subsection 98(1).
business day, in relation to an airport, means a day that is not:
1. (a)
  a Saturday; or
2. (b)
  a Sunday; or
3. (c)
  a public holiday in:
  1. (i)
    the place where the airport is situated; or
  2. (ii)
    the Australian Capital Territory; or
4. (d)
  27, 28, 29, 30 or 31 December.
Commonwealth place means:
1. (a)
  a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; or
2. (b)
  a place in a Territory, where the place is owned by the Commonwealth.
company means a body corporate.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constructing has the meaning given by subsection 89(2A).
core regulated airport has the meaning given by section 7.
declared capacity, in relation to an airport, has the meaning given by section 195.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
demand management scheme has the meaning given by section 201.
draft master plan means a draft master plan under Division 3 of Part 5.
engage in conduct means:
1. (a)
  do an act; or
2. (b)
  omit to perform an act.
Environment Minister means the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.
environment strategy means an environment strategy in a draft or final master plan.
Federal Court means the Federal Court of Australia.
final master plan means a final master plan under Division 3 of Part 5.
Infrastructure Minister means the Minister who administers this Act.
interest, in relation to an airport lease, means a right or interest, whether legal or equitable, in the airport lease, by whatever term called, and includes an option to acquire such a right or interest in the airport lease, but to avoid doubt, does not include, and is taken never to have included:
1. (a)
  a sublease; or
2. (b)
  a licence; or
3. (c)
  an easement or other incorporeal hereditament; or
4. (d)
  a restrictive covenant.
international air transport means air transport between a place in Australia and a place outside Australia.
interstate air transport includes air transport between a State and a Territory or between 2 Territories.
joint‑user airporthas the meaning given by section 7B.
lender, in relation to a loan security, means the person who is entitled to enforce the security.
lending money includes providing non‑equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money.
loan security means a security held solely for the purposes of a moneylending agreement.
major airport development has the meaning given by section 89.
major development plan means a major development plan under Division 4 of Part 5.
moneylending agreement means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business.
pair of airport‑operator companies has the meaning given by section 49.
qualified company means a company that:
1. (a)
  is a constitutional corporation; and
2. (b)
  is incorporated, or taken to be incorporated, under the Corporations Act 2001; and
3. (c)
  has a share capital.
quality of service matter has the meaning given by subsection 156(7).
scheme means:
1. (a)
  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
2. (b)
  any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
sensitive development has the meaning given in section 71A.
significant ANEF levels means a noise above 30 ANEF levels.
State includes:
1. (a)
  the Australian Capital Territory; and
2. (b)
  the Northern Territory.
Sydney West Airport completion day has the meaning given by section 112B.
this Act includes the regulations.
unacceptable airline‑ownership situation has the meaning given by section 44.
unacceptable cross‑ownership situation has the meaning given by section 50.
unacceptable foreign‑ownership situation has the meaning given by section 40.
Note: The Schedule sets out definitions of expressions used in Part 3 (which deals with ownership restrictions).
vehicle has the meaning given by subsection 172(2).
(2)
For the purposes of paragraph (a) of the definition of airport site, if the identification number for a certificate of title for a place is changed, without the boundaries of the place being changed, a reference in this Act or the regulations to the identification number includes a reference to the identification number as changed.

6Sydney West Airport

For the purposes of this Act, Sydney West Airport is taken to be an airport at a particular time even if, at that time, it is:
(a)
merely intended to be developed for use as an airport; or
(b)
being developed for use as an airport.

7Meaning of core regulated airport

(1)
For the purposes of this Act, each of the following airports is a core regulated airport:
1. (a)
  Sydney (Kingsford‑Smith) Airport;
2. (b)
  Sydney West Airport;
3. (c)
  Melbourne (Tullamarine) Airport;
4. (d)
  Brisbane Airport;
5. (e)
  Perth Airport;
6. (f)
  Adelaide Airport;
7. (g)
  Gold Coast Airport;
8. (h)
  Hobart International Airport;
9. (i)
  Launceston Airport;
10. (j)
  Alice Springs Airport;
11. (k)
  Canberra Airport;
12. (l)
  Darwin International Airport;
13. (m)
  Townsville Airport;
14. (n)
  an airport specified in the regulations, where the site of the airport is a Commonwealth place.
(2)
For the purposes of paragraph (1)(n), the boundaries of the site of an airport are to be ascertained in accordance with the regulations.

7ATransfers and acquisitions by way of the enforcement of a loan security

(1)
A reference in this Act to a transfer by way of the enforcement of a loan security is a reference to a transfer to the lender by way of the enforcement of the loan security.
(2)
A reference in this Act to an acquisition by way of the enforcement of a loan security is a reference to the acquisition by the lender by way of the enforcement of the loan security.
(3)
This section is enacted for the avoidance of doubt.

7BMeaning of joint‑user airport

(1)
For the purposes of this Act, each of the following airports is a joint‑user airport:
1. (a)
  Darwin International Airport;
2. (b)
  Townsville Airport;
3. (c)
  an airport specified in the regulations, where the site of the airport is a Commonwealth place.
(2)
For the purposes of this Act, Canberra Airport is a joint‑user airport. However, the regulations may declare that, for the purposes of this Act, Canberra Airport ceases to be a joint‑user airport at a specified time.
(3)
For the purposes of paragraph (1)(c), the boundaries of the site of an airport are to be ascertained in accordance with the regulations.

7CGiving information and the Electronic Transactions Act

To avoid doubt, a reference in section 9 of the Electronic Transactions Act 1999 to giving information includes, for the purposes of this Act, a reference to giving:
(a)
a draft master plan or a draft major development plan; or
(b)
a draft variation of a final master plan or a major development plan.

8Crown to be bound

(1)
This Act binds the Crown in the right of the Commonwealth and of each of the States.
(2)
This Act does not make the Crown liable to be prosecuted for an offence.

9External Territories

This Act extends to all the external Territories.

10Extra‑territorial operation

This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.

10AApplication of the Criminal Code

Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part 2Leasing and management of airportsDivision 1Simplified outline11Simplified outline

The following is a simplified outline of this Part:
• Airport leases are subject to the following key rules:
(a)
the lessee must be a company;
(b)
the term of the lease must not be longer than 50 years (with or without an option to renew for up to 49 years);
(c)
the lease must provide for access by interstate and/or international air transport;
(d)
a company can only lease one airport.
• The airport‑lessee companies for Sydney (Kingsford‑Smith) Airport and Sydney West Airport may be wholly‑owned subsidiaries of the same company.
• Airport leases can only be transferred with the Minister’s approval.
• The beneficial and legal interests in an airport lease cannot be separated except in the case of the enforcement of a loan security.
• If a lender acquires a lease, or enters into possession of an airport site, by way of the enforcement of a loan security, the lender must:
(a)
notify the Minister; and
(b)
transfer the lease to another company.
• An airport‑lessee company has a statutory obligation to use the airport site as an airport.
• An airport‑lessee company’s sole business will be to run the airport.
• An airport‑lessee company can contract out the management of the airport to another company. The other company is called an airport‑management company. An airport‑management company must be approved by the Minister.
• The regulations may prohibit certain subleases and licences relating to airport sites.
• The regulations may deal with the terms of subleases and licences relating to airport sites.
• The regulations may provide that the beneficial and legal interests in subleases and licences relating to airport sites cannot be separated except in the case of the enforcement of a loan security.

Division 2Scope of Part12Airports to which Part applies

(1)
This Part applies to:
1. (a)
  a core regulated airport; and
2. (b)
  an airport specified in the regulations, where the site of the airport is a Commonwealth place.
(2)
For the purposes of paragraph (1)(b), the boundaries of the site of an airport are to be ascertained in accordance with the regulations.

Division 3Grant of airport leases13Commonwealth may grant airport lease

The Commonwealth may grant an airport lease under this section.

14Rules about airport leases

Grant
(1)
The Commonwealth must not grant an airport lease unless the lease complies with subsection (5).
Variation
(2)
An airport lease must not be varied unless the varied lease complies with subsection (5).
Transfer
(3)
The Minister must not approve the transfer of an airport lease unless the transferred lease complies with subsection (5).
Contravention
(4)
If a purported grant, variation or approval contravenes this section, it is of no effect.
Rules about airport leases
(5)
An airport lease complies with this subsection if:
(a)
there is a single lessee; and
(b)
the lessee is a qualified company; and
(c)
the term of the lease is not longer than 50 years (with or without an option to renew the lease for up to 49 years); and
(d)
if the airport is neither a joint‑user airport nor Sydney West Airport—the lease provides for the use of the site as an airport (whether or not the lease also provides for other uses); and
(e)
if the airport is a joint‑user airport—the lease provides for the use of the leased area for purposes in connection with the airport (whether or not the lease also provides for other uses); and
(f)
if the airport is Sydney West Airport—the lease provides for the development of the site as an airport or the use of the site as an airport, or both (whether or not the lease also provides for other developments or other uses); and
(g)
the lease provides for access to the airport by interstate air transport or international air transport, or both (whether or not the lease also provides for other access).

15Termination of airport lease if lessee ceases to be a qualified company

(1)
This section applies to an airport lease if the lessee is a qualified company.
(2)
If, at a particular time, the lessee ceases to be a qualified company, the lease terminates at that time.

16Person may acquire airport leases for only one airport site

(1)
The Commonwealth must not grant a lease of the whole or a part of an airport site to a person who already holds an airport lease or an interest in an airport lease, unless each of those leases relates to the same airport site.
(2)
The Minister must not approve the transfer of a lease of the whole or a part of an airport site to a person who already holds an airport lease or an interest in an airport lease, unless each of those leases relates to the same airport site.
(3)
If a purported grant or approval contravenes this section, it is of no effect.

17Simultaneous grant of leases to the same person must relate to the same airport

(1)
The Commonwealth must not simultaneously grant to the same person 2 or more airport leases, unless those leases relate to the same airport site.

(2)
If purported grants contravene this section, they are of no effect.

18Sydney (Kingsford‑Smith) Airport and Sydney West Airport may be under common ownership

(1)
The airport‑lessee company for Sydney (Kingsford‑Smith) Airport and the airport‑lessee company for Sydney West Airport may be subsidiaries of the same company.
Subsidiaries
(7)
For the purposes of this section, a company (the subsidiary company) is taken to be a subsidiary of another company (the holding company) if, and only if, all the shares in the subsidiary company are beneficially owned by the holding company.

19Only one person to hold airport leases for an airport site

(1)
The Commonwealth must not grant a lease of the whole or a part of an airport site to a person if another person already holds an airport lease for the airport.
(1A)
If there are 2 or more airport leases for the same airport site, the Minister must not approve the transfer of any of those leases unless the Minister is satisfied that, immediately after the transfer of that lease, all of those leases will be held by the same person.
(2)
If a purported grant or approval contravenes this section, it is of no effect.

20Simultaneous grant of leases relating to the same airport site to be to the same person

(1)
The Commonwealth must not simultaneously grant 2 or more leases relating to different parts of the same airport site, unless those grants are to the same person.
(2)
If purported grants contravene this section, they are of no effect.

20AAirport leases for an airport site to expire on the same day

If there are, or are to be, 2 or more airport leases for the same airport site, the Commonwealth must ensure that the term of each of those leases expires on the same day.

21No grant of lease if Part 3 contravened

(1)
The Commonwealth must not grant an airport lease to a company if the Minister is satisfied that:
1. (a)
  an unacceptable foreign‑ownership situation in relation to the company would come into existence in the event of the grant; or
2. (b)
  an unacceptable airline‑ownership situation in relation to the company would come into existence in the event of the grant; or
3. (c)
  both:
  1. (i)
    the company would become a member of a pair of airport‑operator companies in the event of the grant; and
  2. (ii)
    an unacceptable cross‑ownership situation in relation to the pair would come into existence in the event of the grant.
(2)
If a purported grant contravenes this section, it is of no effect.

22Airport lease granted subject to existing interests in the land

(1)
An airport lease is granted under section 13 subject to all existing leases in relation to the land concerned.
(2)
The following provisions have effect:
1. (a)
  all obligations and benefits of the Commonwealth under, or connected with, such an existing lease:
  1. (i)
    pass to the airport‑lessee company; and
  2. (ii)
    cease to be enforceable by or against the Commonwealth;
whether or not the obligations or benefits touch and concern the land;
1. (b)
  an instrument relating to such an obligation or benefit continues to have effect after the grant of the airport lease as if a reference in the instrument to the Commonwealth or the Federal Airports Corporation were a reference to the company;
2. (c)
  the company becomes the Commonwealth’s successor in law, in relation to such an obligation or benefit, immediately after the grant of the airport lease.
Note 1: The lessees of existing leases become lessees of the airport‑lessee company.
Note 2: Subsections (1) and (2) relate to the obligations and benefits of the Commonwealth as lessor. Section 17 of the Airports (Transitional) Act 1996 deals with a case where the Commonwealth is the lessee under an existing lease.
(3)
An airport lease is granted under section 13 subject to all other existing interests in the land concerned.
(4)
Paragraph (2)(b) does not modify any register kept by a land registration official under a law of a State.
(5)
In this section:
instrument includes a document.

Division 4Restrictions on acquisition and transfer of airport leases23Restriction on acquisition of airport lease

(1)
A person must not acquire an airport lease, or an interest in an airport lease, unless:
1. (a)
  the person is a qualified company; or
2. (b)
  the acquisition is by way of the enforcement of a loan security and the person is a constitutional corporation.
(2)
If a purported acquisition contravenes this section, it is of no effect.

24No transfer of airport lease without approval of Minister

(1)
An airport lease must not be transferred without the written approval of the Minister.
(2)
If a purported transfer contravenes this section, it is of no effect.
(3)
The Minister may only refuse to approve the transfer of an airport lease:
1. (a)
  on a ground specified in the regulations; or
2. (b)
  on the grounds set out in subsection 14(3); or
3. (c)
  the grounds set out in subsection 16(2); or
4. (da)
  on the grounds set out in subsection 19(1A); or
5. (e)
  on the grounds set out in section 25.
(4)
This section does not apply to a transfer by way of the enforcement of a loan security.

25No transfer of lease if Part 3 contravened

The Minister must not approve the transfer of an airport lease to a company if the Minister is satisfied that:
(a)
an unacceptable foreign‑ownership situation in relation to the company would come into existence in the event of the transfer; or
(b)
an unacceptable airline‑ownership situation in relation to the company would come into existence in the event of the transfer; or
(c)
both:
(i)
the company would become a member of a pair of airport‑operator companies in the event of the transfer; and
(ii)
an unacceptable cross‑ownership situation in relation to the pair would come into existence in the event of the transfer.

26No declaration of trust in respect of airport lease

(1)
The lessee of an airport lease must not dispose of the lease by way of declaration of trust.
(2)
If a purported disposal contravenes this section, it is of no effect.

27Beneficial interest in airport lease must not be transferred independently of legal interest

(1)
A beneficial interest in an airport lease must not be transferred independently of the legal interest in the lease.
(2)
If a purported transfer contravenes this section, it is of no effect.
(3)
This section does not apply to a transfer by way of the enforcement of a loan security.

28Notification of acquisition of lease or of entry into possession – enforcement of loan security

(1)
If:
1. (a)
  a person acquires an airport lease; and
2. (b)
  the acquisition is by way of the enforcement of a loan security;
the person must, within 7 days after acquiring the lease, give the Minister written notice of the acquisition.
Penalty: 100 penalty units.
(2)
If:
1. (a)
  an airport lease is subject to a loan security; and
2. (b)
  the lender enters into possession of the land to which the lease relates; and
3. (c)
  the entry into possession is by way of the enforcement of the loan security;
the lender must, within 7 days after entering into possession, give the Minister written notice of the entry into possession.
Penalty: 100 penalty units.

29Re‑transfer of lease – enforcement of loan security

Re‑transfer
(1)
If:
(a)
a person acquires an airport lease; and
(b)
the acquisition is by way of the enforcement of a loan security;
the person must transfer the lease to a qualified company:
(c)
within 90 days after acquiring the lease; or
(d)
if a longer period is specified in a written notice given to the person by the Minister—within that longer period.
Entry into possession
(1A)
If:
(a)
an airport lease is subject to a loan security; and
(b)
the lender enters into possession of the land to which the lease relates; and
(c)
the entry into possession is by way of the enforcement of the loan security;
the lender must cause the lease to be transferred to a qualified company:
(d)
within 90 days after the lender entered into possession; or
(e)
if a longer period is specified in a written notice given to the lender by the Minister—within that longer period.
Offence
(2)
A person commits an offence if:
(a)
the person is subject to a requirement to transfer a lease under subsection (1) or (1A); and
(b)
the person engages in conduct; and
(c)
the person’s conduct contravenes the requirement.
Penalty: 400 penalty units.
Strict liability
(2A)
Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
Court orders
(3)
If:
(a)
a person contravenes subsection (1) or (1A) in relation to an airport lease; and
(b)
the Minister applies to the Federal Court for an order terminating the lease;
the court may make such orders as the court considers appropriate for the purpose of terminating the lease.
Criteria for making order
(4)
In deciding whether to make such an order, the court must have regard to:
(a)
whether the person made reasonable efforts to obtain the Minister’s approval for the transfer of the lease to another person; and
(b)
the reasonableness of the Minister’s decisions under paragraph (1)(d) or (1A)(e) in relation to the lease; and
(c)
such other matters (if any) as the court considers relevant.

30Termination of airport lease otherwise than under this Act

This Act does not, by implication, prevent an airport lease from being terminated otherwise than under a provision of this Act.

Division 5Obligation to use airport site as an airport31Obligation to use airport site as an airport

(1)
This section has effect for the purposes of determining whether:
1. (a)
  an airport‑operator company for an airport; or
2. (b)
  a person acting on behalf of an airport‑operator company for an airport;
has a defence to, or an immunity from:
1. (c)
  an action or proceeding in court (whether civil or criminal); or
2. (d)
  an administrative proceeding; or
3. (e)
  a proceeding in a tribunal.
Airports other than joint‑user airports
(2)
In the case of an airport other than a joint‑user airport, the company has, by force of this subsection, an obligation to use the airport site concerned as an airport.
Joint‑user airports
(3)
In the case of a joint‑user airport, the company has, by force of this subsection, an obligation to use the airport site for purposes in connection with the airport.
Licences
(4)
This section does not free a person from a requirement to hold a licence or permit (however described) under a law of the Commonwealth. For this purpose, law of the Commonwealth does not include an applied provision within the meaning of the Commonwealth Places (Application of Laws) Act 1970.

Division 6Restrictions on lesseesSubdivision AAirport‑operator company must not carry on non‑airport business32Airport‑operator company must not carry on non‑airport business

Airports other than joint‑user airports
(1)
An airport‑operator company for an airport (other than a joint‑user airport) must not carry on substantial trading or financial activities other than:
(a)
activities relating to the operation and/or development of the airport; or
(b)
activities incidental to the operation and/or development of the airport; or
(c)
activities that, under the regulations, are treated as activities incidental to the operation and/or development of the airport; or
(d)
activities that are consistent with the airport lease for the airport and the final master plan for the airport.
Joint‑user airports
(2)
An airport‑operator company for a joint‑user airport must not carry on substantial trading or financial activities other than:
(a)
activities connected with the airport; or
(b)
activities incidental to activities connected with the airport; or
(c)
activities that, under the regulations, are treated as activities incidental to activities connected with the airport; or
(d)
activities that are consistent with the airport lease for the airport and the final master plan for the airport.
Offence
(3)
A company commits an offence if:
(a)
the company is subject to a requirement under subsection (1) or (2); and
(b)
the company engages in conduct; and
(c)
the company’s conduct contravenes the requirement.
Penalty: 2,000 penalty units.
Strict liability
(3A)
Strict liability applies to paragraph (3)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
Loan securities
(4)
Subsections (1) and (2) do not apply to an airport‑lessee company for an airport if the company acquired its airport lease or airport leases by way of the enforcement of a loan security.
Validity of transactions
(5)
A contravention of this section does not affect the validity of any transaction.

Subdivision BAirport‑management agreements33Airport‑management agreements

Approval of airport‑management company
(1)
The airport‑lessee company for an airport must not enter into an airport‑management agreement in relation to the airport unless the other party to the agreement is both:
(a)
approved in writing by the Minister; and
(b)
a qualified company.
Note: Airport‑management agreement is defined by subsection (7).
Contravention
(2)
If a purported agreement contravenes subsection (1), it is of no effect.
Breach of ownership restrictions
(3)
The Minister must not approve a company under subsection (1) if the Minister is satisfied that:
(a)
an unacceptable foreign‑ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or
(b)
an unacceptable airline‑ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or
(c)
both:
(i)
the company would become a member of a pair of airport‑operator companies in the event that the agreement was entered into; and
(ii)
an unacceptable cross‑ownership situation in relation to the pair would come into existence in the event that the agreement was entered into.
Other grounds for refusing approval
(4)
If subsection (3) does not apply to the approval of a company under subsection (1), the Minister may only refuse to approve the company on a ground specified in the regulations.
Approval of agreement
(4A)
The airport‑lessee company for an airport must not enter into an airport‑management agreement in relation to the airport unless the agreement is approved in writing by the Minister.
Note: Airport‑management agreement is defined by subsection (7).
Contravention
(4B)
If a purported agreement contravenes subsection (4A), it is of no effect.
Criteria for approval
(4C)
In making a decision under subsection (4A), the Minister must have regard to:
(a)
the matters specified in the regulations; and
(b)
such other matters (if any) as the Minister considers relevant.
Approval of variation
(4D)
An airport‑management agreement in relation to the airport must not be varied unless the variation is approved in writing by the Minister.
Note: Airport‑management agreement is defined by subsection (7).
Contravention
(4E)
If a purported variation contravenes subsection (4D), it is of no effect.
Criteria for approval
(4F)
In making a decision under subsection (4D), the Minister must have regard to:
(a)
the matters specified in the regulations; and
(b)
such other matters (if any) as the Minister considers relevant.
Termination of agreement if contractor ceases to be a qualified company
(5)
If:
(a)
a qualified company (the contractor) enters into an airport‑management agreement in relation to an airport; and
(b)
at a particular time, the contractor ceases to be a qualified company;
the agreement terminates at that time.
Other means of termination
(6)
This section does not, by implication, prevent an agreement from being terminated otherwise than under subsection (5).
Airport‑management agreement
(7)
For the purposes of this Act, an airport‑management agreement, in relation to an airport, is an agreement (other than a contract of employment or a prescribed kind of agreement) between:
(a)
the airport‑lessee company for the airport; and
(b)
another person;
under which the other person (either alone or together with the company and/or one or more other persons) is in a position to exercise control over either or both of the following:
(c)
the operation of the whole or a substantial part of the airport;
(d)
the direction to be taken in relation to the development of the whole or a substantial part of the airport.
Economic and commercial substance of agreement
(8)
In determining whether an agreement is an airport‑management agreement, regard must be had to the economic and commercial substance of the agreement.
(9)
Subsection (8) does not, by implication, limit subsection (7).

Subdivision CSubleases and licences34Regulations may prohibit subleases of airport leases

(1)
The regulations may prohibit specified kinds of subleases of an airport lease.
(2)
A sublease of an airport lease must not be granted or varied in contravention of those regulations.
(3)
If a purported grant or variation contravenes subsection (2), it is of no effect.
(4)
If a sublease is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the sublease:
1. (a)
  the prohibition does not have any effect on the validity of the sublease during the 90‑day period beginning at the imposition time; and
2. (b)
  if, at the end of that 90‑day period, the sublease contravenes the prohibition—the sublease is terminated immediately after the end of that period.

34ARegulations may prohibit terms from being included in sublease of airport lease

(1)
The regulations may prohibit specified kinds of terms from being included in subleases of an airport lease.
(2)
A sublease of an airport lease must not be granted or varied in contravention of those regulations.
(3)
If a purported grant or variation contravenes subsection (2), it is of no effect.
(4)
If a sublease is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the sublease:
1. (a)
  the prohibition does not have any effect on the validity of the sublease during the 90‑day period beginning at the imposition time; and
2. (b)
  if, at the end of that 90‑day period, the sublease contravenes the prohibition—the sublease is terminated immediately after the end of that period.
(5)
In this section:
terms includes conditions.

34BRegulations may require terms to be included in sublease of airport lease

(1)
The regulations may require that specified kinds of terms must be included in subleases of an airport lease.
(2)
A sublease of an airport lease must not be granted or varied in contravention of those regulations.
(3)
If a purported grant or variation contravenes subsection (2), it is of no effect.
(4)
If a sublease is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a requirement in relation to the sublease:
1. (a)
  the requirement does not have any effect on the validity of the sublease during the 90‑day period beginning at the imposition time; and
2. (b)
  if, at the end of that 90‑day period, the sublease contravenes the requirement—the sublease is terminated immediately after the end of that period.
(5)
In this section:
terms includes conditions.

34CRegulations may prohibit declaration of trust in respect of sublease of airport lease

(1)
The regulations may provide that the sublessee of an airport lease must not dispose of the sublease by way of declaration of trust.
(2)
If a purported disposal contravenes those regulations, it is of no effect.

34DRegulations may provide that a beneficial interest in a sublease of airport lease must not be transferred independently of the legal interest

(1)
The regulations may provide that a beneficial interest in a sublease of an airport lease must not be transferred independently of the legal interest in the sublease.
(2)
If a purported transfer contravenes those regulations, it is of no effect.
(3)
This section does not apply to a transfer by way of the enforcement of a loan security.

35Regulations may prohibit licences relating to airport leases

(1)
The regulations may prohibit specified kinds of licences relating to an airport lease.
(2)
A licence relating to an airport lease must not be granted or varied in contravention of those regulations.
(3)
If a purported grant or variation contravenes subsection (2), it is of no effect.
(4)
If a licence is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the licence:
1. (a)
  the prohibition does not have any effect on the validity of the licence during the 90‑day period beginning at the imposition time; and

1. (b)
  if, at the end of that 90‑day period, the licence contravenes the prohibition—the licence is terminated immediately after the end of that period.

35ARegulations may prohibit terms from being included in licence relating to airport lease

(1)
The regulations may prohibit specified kinds of terms from being included in licences relating to an airport lease.
(2)
A licence relating to an airport lease must not be granted or varied in contravention of those regulations.
(3)
If a purported grant or variation contravenes subsection (2), it is of no effect.
(4)
If a licence is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a prohibition in relation to the licence:
1. (a)
  the prohibition does not have any effect on the validity of the licence during the 90‑day period beginning at the imposition time; and
2. (b)
  if, at the end of that 90‑day period, the licence contravenes the prohibition—the licence is terminated immediately after the end of that period.
(5)
In this section:
terms includes conditions.

35BRegulations may require terms to be included in licence relating to airport lease

(1)
The regulations may require that specified kinds of terms must be included in licences relating to an airport lease.
(2)
A licence relating to an airport lease must not be granted or varied in contravention of those regulations.
(3)
If a purported grant or variation contravenes subsection (2), it is of no effect.
(4)
If a licence is in force at the time (the imposition time) when regulations made for the purposes of subsection (1) impose a requirement in relation to the licence:
1. (a)
  the requirement does not have any effect on the validity of the licence during the 90‑day period beginning at the imposition time; and
2. (b)
  if, at the end of that 90‑day period, the licence contravenes the requirement—the licence is terminated immediately after the end of that period.
(5)
In this section:
terms includes conditions.

35CRegulations may prohibit declaration of trust in respect of licence relating to airport lease

(1)
The regulations may provide that the holder of a licence relating to an airport lease must not dispose of the licence by way of declaration of trust.
(2)
If a purported disposal contravenes those regulations, it is of no effect.

35DRegulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest

(1)
The regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest in the licence.
(2)
If a purported transfer contravenes those regulations, it is of no effect.
(3)
This section does not apply to a transfer by way of the enforcement of a loan security.

35ETermination of sublease or licence otherwise than under this Subdivision

This Subdivision does not, by implication, prevent a sublease or licence from being terminated otherwise than under this Subdivision.

35FCompensation – constitutional safety‑net

(1)
If:
1. (a)
  apart from this section, the operation of this Subdivision would result in the acquisition of property from a person otherwise than on just terms; and
2. (b)
  the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(2)
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3)
In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

Division 7Lands Acquisition Act 1989 not to apply to anything done under this Part36Lands Acquisition Act 1989 not to apply to anything done under this Part

The Lands Acquisition Act 1989 does not apply to anything done under this Part.

Division 8Entries in title registers37Entries in title registers

(1)
This section applies if an airport lease is granted under section 13.
(2)
The relevant land registration official may make such entries or notations in or on registers or other documents kept by the official (in electronic form or otherwise) as the official thinks appropriate for the purposes of drawing the attention of persons to the existence of this Act. For this purpose, the relevant land registration official is the Registrar of Titles or other proper officer of the State in which the airport is situated.

Part 3Restrictions on ownership of airport‑operator companiesDivision 1Simplified outline38Simplified outline

The following is a simplified outline of this Part:
• Airport‑operator companies are subject to the following ownership restrictions:
(a)
a 49% limit on foreign ownership;
(b)
a 5% limit on airline ownership for certain airports;
(c)
a 15% limit on cross‑ownership for Sydney (Kingsford‑Smith)/Melbourne, Sydney (Kingsford‑Smith)/Brisbane and Sydney (Kingsford‑Smith)/Perth airports.
• Those limits relate to a person’s stake in a company.
• A person’s stake includes the interests of the person’s associates.
• There are 4 different types of stake. The main types are:
(a)
percentage of total paid‑up share capital; and
(b)
percentage of voting power.
• The ownership restrictions will be breached if any type of stake goes over the relevant limit.
• Stake and other technical expressions used in this Part are defined by the Schedule.
• The central management and control of an airport‑operator company must be exercised at a place in Australia.
• A majority of the directors of an airport‑operator company must be Australian citizens and/or Australian residents.
• The regulations may require records to be kept, and information to be given, for purposes relating to the ownership restrictions.

Division 2Definitions in Schedule39Definitions in Schedule

The Schedule sets out definitions of expressions used in this Part.

Division 349% limit on foreign ownership40Meaning of unacceptable foreign‑ownership situation

For the purposes of this Act, an unacceptable foreign‑ownership situation exists in relation to an airport‑operator company if there is a group of foreign persons who hold, in total, a particular type of stake in the company of more than 49%.
Note 1: A group can consist of a single foreign person—see the Schedule.
Note 2: A person’s stake includes the interests of the person’s associates—see the Schedule.

41Acquisitions of shares

If:
(a)
a person, or 2 or more persons under an arrangement, acquire shares in a company; and
(b)
the acquisition has the result, in relation to an airport‑operator company, that:
(i)
an unacceptable foreign‑ownership situation comes into existence in relation to the company; or
(ii)
if an unacceptable foreign‑ownership situation already exists in relation to the company—there is an increase in the total of any type of stake held by any group of foreign persons in the company; and
(c)
the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result;
the person or persons mentioned in paragraph (a) commit an offence punishable on conviction by a fine not exceeding 400 penalty units.

42Compliance by airport‑operator company

(1)
An airport‑operator company must take all reasonable steps to ensure that an unacceptable foreign‑ownership situation does not exist in relation to the company.
(2)
A company commits an offence if:
1. (a)
  the company is required to take steps under subsection (1); and
2. (b)
  the company engages in conduct; and
3. (c)
  the company’s conduct contravenes the requirement.
Penalty: 500 penalty units.

43Remedial orders

(1)
If an unacceptable foreign‑ownership situation exists in relation to an airport‑operator company, the Federal Court may, on application by the Minister or the company, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist.
(2)
The Federal Court’s orders include:
1. (a)
  an order directing the disposal of shares; or
2. (b)
  an order restraining the exercise of any rights attached to shares; or
3. (c)
  an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or
4. (d)
  an order that any exercise of rights attached to shares be disregarded.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
In addition to the Federal Court’s powers under subsections (1) and (2), the court:
1. (a)
  has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
2. (b)
  has power to make an order containing such ancillary or consequential provisions as the court thinks just.
(5)
The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
(6)
The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Division 45% limit on ownership by airlines of airport‑operator companies for certain airports44Meaning of unacceptable airline‑ownership situation

(1)
For the purposes of this Act, an unacceptable airline‑ownership situation exists in relation to an airport‑operator company for an airport and in relation to a particular airline if the airline holds a particular type of stake in the company of more than 5%.
Note: A person’s stake includes the interests of the person’s associates—see the Schedule.
(2)
The regulations may specify that subsection (1) does not apply to:
1. (a)
  specified airports (not being core regulated airports); or
2. (b)
  specified airports (not being core regulated airports) in specified circumstances.

45Acquisitions of shares

If:
(a)
a person, or 2 or more persons under an arrangement, acquire shares in a company; and
(b)
the acquisition has the result, in relation to an airport‑operator company, that:
(i)
an unacceptable airline‑ownership situation comes into existence in relation to the company and in relation to an airline; or
(ii)
if an unacceptable airline‑ownership situation already exists in relation to the company and in relation to an airline—there is an increase in any type of stake held by the airline in the company; and
(c)
the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result;
the person or persons mentioned in paragraph (a) commit an offence punishable on conviction by a fine not exceeding 400 penalty units.

46Compliance by airport‑operator company

(1)
An airport‑operator company must take all reasonable steps to ensure that an unacceptable airline‑ownership situation does not exist in relation to the company.
(2)
A company commits an offence if:
1. (a)
  the company is required to take steps under subsection (1); and
2. (b)
  the company engages in conduct; and
3. (c)
  the company’s conduct contravenes the requirement.
Penalty: 500 penalty units.
(3)
Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

47Remedial orders

(1)
If an unacceptable airline‑ownership situation exists in relation to an airport‑operator company, the Federal Court may, on application by the Minister or the company, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist.
(2)
The Federal Court’s orders include:
1. (a)
  an order directing the disposal of shares; or
2. (b)
  an order restraining the exercise of any rights attached to shares; or
3. (c)
  an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or
4. (d)
  an order that any exercise of rights attached to shares be disregarded.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
In addition to the Federal Court’s powers under subsections (1) and (2), the court:
1. (a)
  has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
2. (b)
  has power to make an order containing such ancillary or consequential provisions as the court thinks just.
(5)
The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
(6)
The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Division 5Limits on cross‑ownership of pairs of airport‑operator companiesSubdivision ASimplified outline48Simplified outline

The following is a simplified outline of this Division:
• Airport‑operator companies for Sydney (Kingsford‑Smith) and Melbourne form a pair.
• Airport‑operator companies for Sydney (Kingsford‑Smith) and Brisbane form a pair.
• Airport‑operator companies for Sydney (Kingsford‑Smith) and Perth form a pair.
• There is a 15% limit on the cross‑ownership of paired companies.
• The Minister may declare a person to have practical control of an airport‑operator company.
• If the person covered by the declaration has practical control of, or a stake of more than 15% in, each of the members of a pair, the person must take steps to ensure that there is at least one member of the pair where the person does not have:
(a)
a stake of more than 15%; or
(b)
practical control.

Subdivision BPairs of airport‑operator companies49Pairs of airport‑operator companies

For the purposes of this Act, a group of 2 airport‑operator companies constitute a pair of airport‑operator companies if:
(a)
one of the companies is mentioned in a box in the left‑hand column of the following table; and
(b)
the other company is mentioned in the corresponding box in the right‑hand column of the table.
For the purposes of this Act, the members of that pair are those companies.

This company …	forms a pair with this company …
the airport‑lessee company for Melbourne (Tullamarine) Airport	the airport‑lessee company for Sydney (Kingsford‑Smith) Airport
an airport‑management company for Melbourne (Tullamarine) Airport	the airport‑lessee company for Sydney (Kingsford‑Smith) Airport
the airport‑lessee company for Melbourne (Tullamarine) Airport	an airport‑management company for Sydney (Kingsford‑Smith) Airport
an airport‑management company for Melbourne (Tullamarine) Airport	an airport‑management company for Sydney (Kingsford‑Smith) Airport
the airport‑lessee company for Brisbane Airport	the airport‑lessee company for Sydney (Kingsford‑Smith) Airport
an airport‑management company for Brisbane Airport	the airport‑lessee company for Sydney (Kingsford‑Smith) Airport
the airport‑lessee company for Brisbane Airport	an airport‑management company for Sydney (Kingsford‑Smith) Airport
an airport‑management company for Brisbane Airport	an airport‑management company for Sydney (Kingsford‑Smith) Airport
the airport‑lessee company for Perth Airport	the airport‑lessee company for Sydney (Kingsford‑Smith) Airport
an airport‑management company for Perth Airport	the airport‑lessee company for Sydney (Kingsford‑Smith) Airport
the airport‑lessee company for Perth Airport	an airport‑management company for Sydney (Kingsford‑Smith) Airport
an airport‑management company for Perth Airport	an airport‑management company for Sydney (Kingsford‑Smith) Airport

Subdivision C15% limit on cross‑ownership50Meaning of unacceptable cross‑ownership situation

For the purposes of this Act, an unacceptable cross‑ownership situation exists in relation to a pair of airport‑operator companies (the first company and the second company) and in relation to a particular person if:
(a)
the person holds a particular type of stake in the first company of more than 15%; and
(b)
the person holds any type of stake in the second company of more than 15%.
Note: A person’s stake includes the interests of the person’s associates—see the Schedule.

51Acquisitions of shares

If:
(a)
a person, or 2 or more persons under an arrangement, acquire shares in a company; and
(b)
the acquisition has the result, in relation to a particular pair of airport‑operator companies (the first companyand the second company), that:
(i)
an unacceptable cross‑ownership situation comes into existence in relation to the pair and in relation to a person; or
(ii)
if an unacceptable cross‑ownership situation already exists in relation to the pair and in relation to a particular person—there is an increase in any type of stake held by the person in either the first company or the second company; and
(c)
the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result;
the person or persons mentioned in paragraph (a) commit an offence punishable on conviction by a fine not exceeding 400 penalty units.

52Compliance by airport‑operator companies

(1)
A member of a pair of airport‑operator companies must take all reasonable steps to ensure that an unacceptable cross‑ownership situation does not exist in relation to that pair.
(2)
A company commits an offence if:
1. (a)
  the company is required to take steps under subsection (1); and
2. (b)
  the company engages in conduct; and
3. (c)
  the company’s conduct contravenes the requirement.
Penalty: 500 penalty units.
(3)
Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

53Remedial orders

(1)
If an unacceptable cross‑ownership situation exists in relation to a pair of airport‑operator companies, the Federal Court may, on application by the Minister or a member of the pair, make such orders as the court considers appropriate for the purpose of ensuring that the situation ceases to exist.
(2)
The Federal Court’s orders include:
1. (a)
  an order directing the disposal of shares; or
2. (b)
  an order restraining the exercise of any rights attached to shares; or
3. (c)
  an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or
4. (d)
  an order that any exercise of rights attached to shares be disregarded.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
In addition to the Federal Court’s powers under subsections (1) and (2), the court:
1. (a)
  has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
2. (b)
  has power to make an order containing such ancillary or consequential provisions as the court thinks just.
(5)
The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
(6)
The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Subdivision DPractical control54Meaning of control

In this Subdivision:
control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.

55Minister may declare person to have practical control of an airport‑operator company

Declaration
(1)
If:
(a)
the Minister is satisfied that:
(i)
the directors of an airport‑operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates); or
(ii)
a person (either alone or together with associates) is in a position to exercise control over an airport‑operator company; and
(b)
the Minister is satisfied that:
(i)
the person does not have any type of stake in the company; or
(ii)
if the person has one or more types of stake in the company—each of those stakes is not more than 15%;
the Minister may declare that the person has practical control of the airport‑operator company for the purposes of this Act.

Declaration has effect
(2)
A declaration under this section has effect accordingly.
Revocation of declaration
(3)
If:
(a)
a declaration is in force under this section; and
(b)
the Minister ceases to be satisfied of the matters referred to in paragraphs (1)(a) and (b);
the Minister must revoke the declaration.
Gazettal and notification of declaration
(4)
If a declaration under this section is made or revoked, the Minister must arrange for a copy of the declaration or revocation:
(a)
to be published in the Gazette; and
(b)
to be given to the airport‑operator company and the person concerned.

56Requirement to relinquish practical control or reduce stake

(1)
If a person:
1. (a)
  has practical control of a particular airport‑operator company (the first company); and
2. (b)
  the first company is a member of a pair of airport‑operator companies; and
3. (c)
  either of the following subparagraphs applies to the other member of the pair:
  1. (i)
    the person has practical control of the other member;
  2. (ii)
    the person has a particular type of stake in the other member of more than 15%;
the person must take such steps as are necessary to ensure that there is at least one member of the pair where both of the following paragraphs apply:
1. (d)
  both:
  1. (i)
    the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and
  2. (ii)
    the person (either alone or together with associates) is not in a position to exercise control over the company;
2. (e)
  either:
  1. (i)
    the person does not have any type of stake in the company; or
  2. (ii)
    if the person has one or more types of stake in the company—each of those stakes is not more than 15%.
The person must take those steps:
1. (f)
  within 90 days after receiving the copy of the most recent declaration under section 55 relating to the practical control of the first company or the other member of the pair; or
2. (g)
  if the Minister, by written notice given to the person, allows a longer period for compliance—before the end of that longer period.
Note:Practical control has the meaning given by section 55.
(2)
A person commits an offence if:
1. (a)
  the person is required to take steps under subsection (1); and
2. (b)
  the person engages in conduct; and
3. (c)
  the person’s conduct contravenes the requirement.
Penalty: 400 penalty units.
(3)
Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

57Remedial orders

(1)
If a person:
1. (a)
  has practical control of a particular airport‑operator company (the first company); and
2. (b)
  the first company is a member of a pair of airport‑operator companies; and
3. (c)
  either of the following subparagraphs applies to the other member of the pair:
  1. (i)
    the person has practical control of the other member;
  2. (ii)
    the person has a particular type of stake in the other member of more than 15%;
the Federal Court may, on application by the Minister, make such orders as the court considers appropriate to ensure that there is at least one member of the pair where both of the following paragraphs apply:
1. (d)
  both:
  1. (i)
    the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and
  2. (ii)
    the person (either alone or together with associates) is not in a position to exercise control over the company;
2. (e)
  either:
  1. (i)
    the person does not have any type of stake in the company; or
  2. (ii)
    if the person has one or more types of stake in the company—each of those stakes is not more than 15%.
Note:Practical control has the meaning given by section 55.
(2)
The Federal Court’s orders include:
1. (a)
  an order directing the disposal of shares; or
2. (b)
  an order restraining the exercise of any rights attached to shares; or
3. (c)
  an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or
4. (d)
  an order that any exercise of rights attached to shares be disregarded.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
In addition to the Federal Court’s powers under subsections (1) and (2), the court:
1. (a)
  has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
2. (b)
  has power to make an order containing such ancillary or consequential provisions as the court thinks just.
(5)
The Federal Court may, before making an order under this section, direct that notice of the Minister’s application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
(6)
The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Division 6Head office of airport‑operator company and citizenship/residency of directors of airport‑operator company58Head office to be in Australia

(1)
An airport‑operator company must ensure that the central management and control of the company is ordinarily exercised at a place in Australia.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Part 15.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.

59Majority of directors must be Australian citizens or Australian residents

(1)
An airport‑operator company must ensure that a majority of its directors are:
1. (a)
  Australian citizens; or
2. (b)
  foreign citizens ordinarily resident in Australia.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Part 15.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.

Division 7Record‑keeping and giving of information60Record‑keeping and giving of information

(1)
The regulations may make provision for and in relation to requiring a person:
1. (a)
  to keep and retain records, where the records are relevant to an ownership matter; and
2. (b)
  to give information to the Minister that is relevant to:
  1. (i)
    an ownership matter; or
  2. (ii)
    ascertaining whether Division 6 has been or is being complied with; and
3. (c)
  to give information to an airport‑operator company, where the information is relevant to an ownership matter that concerns the company.
Note:Ownership matter is defined by subsection (6).
Statutory declarations
(2)
The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(b) or (c) must be verified by statutory declaration.
No self‑incrimination
(3)
An individual is not required to give information in accordance with a requirement covered by paragraph (1)(b) or (c) if the information might tend to incriminate the individual or expose the individual to a penalty.
Offence
(4)
A person commits an offence if:
1. (a)
  the person is required to keep and retain records and to give information under subsection (1); and
2. (b)
  the person engages in conduct; and
3. (c)
  the person’s conduct contravenes the requirement.
Penalty: 50 penalty units.
Strict liability
(4A)
Strict liability applies to paragraph (4)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
Regulations may confer discretionary powers on the Minister
(5)
Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister. For example, the regulations could provide that the Minister may, by written notice given to an airport‑operator company for an airport, require the company to give the Minister, within the period and in the manner specified in the notice, specified information about an ownership matter relating to the company.
Definition
(6)
For the purposes of this section, each of the following matters is an ownership matter:
1. (a)
  whether a person holds a particular type of stake in an airport‑operator company and, if so, the level of that stake;
2. (b)
  whether the directors of an airport‑operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates);
3. (c)
  whether a person (either alone or together with associates) is in a position to exercise control over an airport‑operator company.
For this purpose, control has the same meaning as in section 54.

Division 8Concurrent operation of State laws61Concurrent operation of State laws

It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State to the extent that that law is capable of operating concurrently with this Part.

Division 9Validity of acts done in contravention of this Part62Validity of acts done in contravention of this Part

An act is not invalidated by the fact that it constitutes an offence against this Part.

Division 10Acquisition of property63Acquisition of property

(1)
The Federal Court must not make an order under this Part if:
1. (a)
  the order would result in the acquisition of property from a person otherwise than on just terms; and
2. (b)
  the order would be invalid because of paragraph 51(xxxi) of the Constitution.
(2)
In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

Part 4Anti‑avoidance64Simplified outline

The following is a simplified outline of this Part:
• This Part deals with schemes designed to avoid:
(a)
the rules about the leasing and management of airports; and
(b)
the ownership restrictions that apply to airport‑operator companies.

65Anti‑avoidance – assets etc.

Acquisition of assets
(1)
If:
(a)
one or more persons enter into, begin to carry out or carry out a scheme; and
(b)
it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Part 2 or 3 in relation to any person or persons (whether or not mentioned in paragraph (a)); and
(c)
as a result of the scheme or a part of the scheme, a person (the beneficiary) acquires any of the following assets:
(i)
an airport lease or an interest in an airport lease;
(ii)
a sublease of an airport lease;
(iii)
a licence relating to an airport lease;
the Minister may give the beneficiary a written direction to dispose of the asset within a specified time.
Acquisition of stake in airport‑operator company
(2)
If:
(a)
one or more persons enter into, begin to carry out or carry out a scheme; and
(b)
it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Part 2 or 3 in relation to any person or persons (whether or not mentioned in paragraph (a)); and
(c)
as a result of the scheme or a part of the scheme, a person (the stakeholder) increases the stakeholder’s stake in an airport‑operator company;
the Minister may give the stakeholder a written direction to cease holding that stake within a specified time.
Offence
(3)
A person who intentionally contravenes a direction under subsection (1) or (2) commits an offence punishable on conviction by a fine not exceeding 400 penalty units.
Definitions
(4)
In this section:
increase, in relation to a stake in a company, includes an increase from a starting point of nil.
stake, in relation to a company, has the same meaning as in the Schedule.

66Anti‑avoidance – airport‑management agreements

(1)
This section applies if:
1. (a)
  one or more persons enter into, begin to carry out or carry out a scheme; and
2. (b)
  it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Part 2 or 3 in relation to any person or persons (whether or not mentioned in paragraph (a)); and
3. (c)
  as a result of the scheme or a part of the scheme, a person (the contractor) enters into an airport‑management agreement with the airport‑lessee company for an airport.
(2)
The Minister may, by written notice given to the contractor and the company, terminate the agreement with effect from a specified time.

Part 5Land use, planning and building controlsDivision 1Simplified outline67Simplified outline

The following is a simplified outline of this Part:
• For each airport, there is to be an airport master plan.
• Major development plans will be required for significant developments at airports.
• An airport plan may be determined for Sydney West Airport.
• Major development plans will not be required for a development at Sydney West Airport if the development is covered by an airport plan for the airport.
• Building activities on airport sites will require approval.
• Buildings and structures on airport sites must be certified as complying with the regulations.

Division 2Scope of Part68Airports to which Part applies

(1)
This Part (other than Division 4A and the associated provisions) applies to:
1. (a)
  a core regulated airport, if there is an airport lease for the airport; and
2. (b)
  an airport prescribed in the regulations, if there is an airport lease for the airport.
(1A)
Division 4A and the associated provisions apply to Sydney West Airport, whether or not there is an airport lease for the airport.
(2)
For the purposes of subsections (1) and (1A), the boundaries of an airport are the boundaries of the airport site for the airport.
(3)
In this section:
associated provisions means the provisions of Division 6, to the extent that they relate to Division 4A.

Division 3Airport master plans69Simplified outline

The following is a simplified outline of this Division:
• For each airport, there is to be a final master plan.
• A final master plan is a draft master plan that has been approved by the Minister.
• A draft master plan is prepared by an airport‑lessee company after taking into account public comments.
• A final master plan is relevant to the approval of major developments at the airport.

70Final master plans

(1)
For each airport, there is to be a final master plan.
Note: A final master plan is a draft master plan that has been approved by the Minister—see section 83.
(2)
The purposes of a final master plan for an airport are:
1. (a)
  to establish the strategic direction for efficient and economic development at the airport over the planning period of the plan; and
2. (b)
  to provide for the development of additional uses of the airport site; and
3. (c)
  to indicate to the public the intended uses of the airport site; and
4. (d)
  to reduce potential conflicts between uses of the airport site, and to ensure that uses of the airport site are compatible with the areas surrounding the airport; and
5. (e)
  to ensure that all operations at the airport are undertaken in accordance with relevant environmental legislation and standards; and
6. (f)
  to establish a framework for assessing compliance at the airport with relevant environmental legislation and standards; and
7. (g)
  to promote the continual improvement of environmental management at the airport.

71Contents of draft or final master plan

(1)
This section specifies the matters that must be set out in each draft or final master plan for an airport.
Airports other than joint‑user airports
(2)
In the case of an airport other than a joint‑user airport, a draft or final master plan must specify:
1. (a)
  the airport‑lessee company’s development objectives for the airport; and
2. (b)
  the airport‑lessee company’s assessment of the future needs of civil aviation users of the airport, and other users of the airport, for services and facilities relating to the airport; and
3. (c)
  the airport‑lessee company’s intentions for land use and related development of the airport site, where the uses and developments embrace airside, landside, surface access and land planning/zoning aspects; and
4. (d)
  an Australian Noise Exposure Forecast (in accordance with regulations, if any, made for the purpose of this paragraph) for the areas surrounding the airport; and
5. (da)
  flight paths (in accordance with regulations, if any, made for the purpose of this paragraph) at the airport; and
6. (e)
  the airport‑lessee company’s plans, developed following consultations with the airlines that use the airport and local government bodies in the vicinity of the airport, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and
7. (f)
  the airport‑lessee company’s assessment of environmental issues that might reasonably be expected to be associated with the implementation of the plan; and
8. (g)
  the airport‑lessee company’s plans for dealing with the environmental issues mentioned in paragraph (f) (including plans for ameliorating or preventing environmental impacts); and
9. (ga)
  in relation to the initial period (see subsection (3A)) of the master plan—a plan for a ground transport system on the landside of the airport that details:
  1. (i)
    a road network plan; and
  2. (ii)
    the facilities for moving people (employees, passengers and other airport users) and freight at the airport; and
  3. (iii)
    the linkages between those facilities, the road network and public transport system at the airport and the road network and public transport system outside the airport; and
  4. (iv)
    the arrangements for working with the State or local authorities or other bodies responsible for the road network and the public transport system; and
  5. (v)
    the capacity of the ground transport system at the airport to support operations and other activities at the airport; and
  6. (vi)
    the likely effect of the proposed developments in the master plan on the ground transport system and traffic flows at, and surrounding, the airport; and
10. (gb)
  in relation to the initial period (see subsection (3A)) of the master plan—detailed information on the proposed developments in the master plan that are to be used for:
  1. (i)
    commercial, community, office or retail purposes; or
  2. (ii)
    for any other purpose that is not related to airport services; and
11. (gc)
  in relation to the initial period (see subsection (3A)) of the master plan—the likely effect of the proposed developments in the master plan on:
  1. (i)
    employment levels at the airport; and
  2. (ii)
    the local and regional economy and community, including an analysis of how the proposed developments fit within the planning schemes for commercial and retail development in the area that is adjacent to the airport; and
12. (h)
  in relation to the initial period (see subsection (3A)) of the master plan—an environment strategy that details:
  1. (i)
    the airport‑lessee company’s objectives for the environmental management of the airport; and
  2. (ii)
    the areas (if any) within the airport site which the airport‑lessee company, in consultation with State and Federal conservation bodies, identifies as environmentally significant; and
  3. (iii)
    the sources of environmental impact associated with airport operations; and
  4. (iv)
    the studies, reviews and monitoring to be carried out by the airport‑lessee company in connection with the environmental impact associated with airport operations; and
  5. (v)
    the time frames for completion of those studies and reviews and for reporting on that monitoring; and
  6. (vi)
    the specific measures to be carried out by the airport‑lessee company for the purposes of preventing, controlling or reducing the environmental impact associated with airport operations; and
  7. (vii)
    the time frames for completion of those specific measures; and
  8. (viii)
    details of the consultations undertaken in preparing the strategy (including the outcome of the consultations); and
  9. (ix)
    any other matters that are prescribed in the regulations; and
13. (j)
  such other matters (if any) as are specified in the regulations.
Paragraphs (a) to (h) do not, by implication, limit paragraph (j).
Note 1:Airside means the part of the airport grounds, and the part of the airport buildings, to which the non‑travelling public does not have free access.

(4)
If a company:
1. (a)
  is limited both by shares and by guarantee; or
2. (b)
  does not have a share capital;
this clause has effect as if the members or policy holders of the company were shareholders in the company.

11Stake in a company

(1)
A particular type of stake that a person holds in a company at a particular time is the aggregate of:
1. (a)
  the direct control interests in the company of that type that the person holds at that time; and
2. (b)
  the direct control interests in the company of that type held at that time by associates of the person.
(2)
In calculating the stake that a person holds in a company, a direct control interest held because of subclause 12(5) is not to be counted under paragraph (1)(a) to the extent to which it is calculated by reference to a direct control interest in the company that is taken into account under paragraph (1)(b).
(3)
For the purpose of calculating the total of the stakes of a particular type that a group of persons holds in a company, if a particular stake that a person holds in a company would be counted more than once because the person is an associate of one or more other persons in the group, that interest is to be counted only once.

12Direct control interests in a company

(1)
A person holds a direct control interest in a company at a particular time equal to the percentage of the total paid‑up share capital of the company in which the person holds an interest at that time.
(2)
A person also holds a direct control interest in a company at a particular time equal to the percentage of the voting power in the company that the person is in a position to control at that time.
(3)
A person also holds a direct control interest in a company at a particular time equal to the percentage that the person holds, or is entitled to acquire, at that time of the total rights to distributions of capital or profits of the company to its shareholders on winding‑up.
(4)
A person also holds a direct control interest in a company at a particular time equal to the percentage that the person holds, or is entitled to acquire, at that time of the total rights to distributions of capital or profits of the company to its shareholders, otherwise than on winding‑up.
(5)
If:
1. (a)
  a person holds a particular type of direct control interest (including a direct control interest that is taken to be held because of one or more previous applications of this subclause) in a company (the first level company); and
2. (b)
  the first level company holds the same type of direct control interest in another company (the second level company);
the person is taken to hold that type of direct control interest in the second level company equal to the percentage worked out using the formula:
where:
first level percentage means the percentage of the direct control interest held by the person in the first level company.
second level percentage means the percentage of the direct control interest held by the first level company in the second level company.

13Substantial interests in trust estates

(1)
For the purposes of the ownership provisions:
1. (a)
  a person is taken to hold a substantial interest in a trust estate if the person, alone or together with an associate or associates, holds a beneficial interest in not less than 15% of the corpus or income of the trust estate; and
2. (b)
  2 or more persons are taken to hold an aggregate substantial interest in a trust estate if the persons, together with an associate or associates, hold, in the aggregate, beneficial interests in not less than 40% of the corpus or income of the trust estate.
(2)
For the purposes of subclause (1), if, under the terms of a trust, a trustee has a power or discretion as to the distribution of the income or corpus of the trust estate to beneficiaries, each beneficiary is taken to hold a beneficial interest in the maximum percentage of income or corpus of the trust estate that the trustee is empowered to distribute to that beneficiary.

14Airport holding companies in which foreign persons have direct control interests

(1)
This clause applies if:
1. (a)
  a foreign person holds a particular type of direct control interest in a company (the designated holding company); and
2. (b)
  the designated holding company holds the same type of direct control interest in a particular airport‑operator company (the eligible airport‑operator company); and
3. (c)
  if the eligible airport‑operator company is the airport‑lessee company for Sydney (Kingsford‑Smith) Airport or the airport‑lessee company for Sydney West Airport—the designated holding company is operated solely for:
  1. (i)
    the purpose of holding direct control interests in the airport‑lessee company for Sydney (Kingsford‑Smith) Airport and the airport‑lessee company for Sydney West Airport; and
  2. (ii)
    such other purposes (if any) as are prescribed; and
4. (d)
  if the eligible airport‑operator company is neither the airport‑lessee company for Sydney (Kingsford‑Smith) Airport nor the airport‑lessee company for Sydney West Airport—the designated holding company is operated solely for the purpose of holding direct control interests in one or more airport‑operator companies; and
5. (e)
  the designated holding company is incorporated, or taken to be incorporated, under the Corporations Act 2001; and
6. (f)
  the designated holding company has a share capital.
(2)
In determining, for the purposes of section 40, whether there is a group of foreign persons who hold, in total, that type of stake in the eligible airport‑operator company of more than 49%:
1. (a)
  the stake of that type that the foreign person holds in the eligible airport‑operator company is to be calculated on the basis that the designated holding company is taken not to be an associate of the foreign person; and
2. (b)
  the designated holding company is taken not to be a foreign person.
(3)
Subclause 12(5) is to be disregarded for the purposes of subclause (1) of this clause.
Note: Subclause 12(5) deals with deemed direct control interests.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
ch = Chapter(s)	pres = present
cl = clause(s)	prev = previous
cont. = continued	(prev…) = previously
def = definition(s)	pt = Part(s)
Dict = Dictionary	r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament	reloc = relocated
div = Division(s)	renum = renumbered
ed = editorial change	rep = repealed
exp = expires/expired or ceases/ceased to have	rs = repealed and substituted
effect	s = section(s)/subsection(s)
gaz = gazette	/rule(s)/subrule(s)/order(s)/suborder(s)
LA = Legislation Act 2003	sch = Schedule(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment can be given	SR = Statutory Rules
effect	sub ch = Sub‑Chapter(s)
(md not incorp) = misdescribed amendment	sub div = Subdivision(s)
cannot be given effect	sub pt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Airports Act 1996	42, 1996	9 Oct 1996	9 Oct 1996
Aviation Legislation Amendment Act (No. 1) 1997	30, 1997	17 Apr 1997	17 Apr 1997	—
Sydney Airport Demand Management Act 1997	173, 1997	17 Nov 1997	Schedule 2: Royal Assent	—
Aviation Legislation Amendment Act (No. 1) 1998	95, 1998	23 July 1998	Schedule 2: Royal Assent	—
Airports Amendment Act 1999	19, 1999	19 Apr 1999	19 Apr 1999	Sch. 1 (item 18)
Environmental Reform (Consequential Provisions) Act 1999	92, 1999	16 July 1999	Schedule 7 (items 5, 6): 16 July 2000 (s. 2(1))	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 81–84): 5 Dec 1999 (Gazette 1999, No. S584)	—
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Sch 2 (items 24–27, 418, 419): 24 May 2001 (s 2(3))	Sch 2 (items 418, 419)
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	ss. 4–14 and Schedule 3 (items 22–25): 15 July 2001 (s. 2(3) and Gazette 2001, No. S285)	ss. 4–14
as amended by
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Sch 2 (item 10): 15 July 2001 (s 2(1) item 27)	—
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001	143, 2001	1 Oct 2001	2 Oct 2001	s. 4
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2002	8, 2002	4 Apr 2002	5 Apr 2002	s. 4
Civil Aviation Legislation Amendment Act 2003	83, 2003	6 Sept 2003	Schedule 3: Royal Assent	—
Trade Practices Legislation Amendment Act 2003	134, 2003	17 Dec 2003	Schedules 1 and 2: 1 Mar 2004 (Gazette 2004, No. GN8)	—
Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006	109, 2006	27 Sept 2006	Schedule 2 (items 3–8): Royal Assent	—
Airports Amendment Act 2007	59, 2007	15 Apr 2007	Schedule 1 (items 1–169, 171–175): 13 May 2007	Sch. 1 (items 171–175)
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 11 (items 15–22): 10 Dec 2008	Sch. 11 (item 22)
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010	4, 2010	19 Feb 2010	Schedule 11 (item 2): 20 Feb 2010	—
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010	103, 2010	13 July 2010	Schedule 6 (items 1, 4–17, 154–156): 1 Jan 2011	—
Airports Amendment Act 2010	149, 2010	17 Dec 2010	Schedules 1 and 2: 18 Dec 2010 Remainder: Royal Assent	Sch. 1 (items 7, 75–78)
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 6 (items 1–4) and Schedule 7 (items 8–14): 19 Apr 2011	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (items 53–59) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch. 3 (items 10, 11)
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Schedule 1 (item 10): Royal Assent	—
Statute Law Revision Act 2013	103, 2013	29 June 2013	Schedule 1 (item 14): Royal Assent	—
Statute Law Revision Act (No. 1) 2014	31, 2014	27 May 2014	Sch 4 (item 58): 24 June 2014	—
Norfolk Island Legislation Amendment Act 2015	59, 2015	26 May 2015	Sch 2 (item 48): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)	Sch 2 (items 356–396)
as amended by
Territories Legislation Amendment Act 2016	33, 2016	23 Mar 2016	Sch 2: 24 Mar 2016 (s 2(1) item 2)	—
Airports Amendment Act 2015	108, 2015	30 June 2015	Sch 1 (items 1–46, 72–74): 1 July 2015 (s 2)	Sch 1 (items 72–74)
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (items 13–15): 5 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (items 1, 10, 331): 10 Mar 2016 (s 2(1) item 6)	—
Airports Amendment Act 2018	107, 2018	21 Sept 2018	28 Sept 2018 (s 2(1) item 1)	Sch 1 (items 26–28)
Statute Update (Regulations References) Act 2020	18, 2020	6 Mar 2020	Sch 1 (items 11–17): 6 Sept 2020 (s 2(1) item 1)	—
National Emergency Declaration (Consequential Amendments) Act 2020	129, 2020	15 Dec 2020	Sch 1 (items 5, 6): 16 Dec 2020 (s 2(1) item 2)	—

Act (Register ID)	Number and year	Assent	Commencement	Application, saving and transitional provisions
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 (C2023A00074)	74, 2023	20 Sept 2023	sch 1 (items 2, 3): 20 Mar 2024 (s 2(1) item 2) sch 4 (item 2): 18 Oct 2023 (s 2(1) item 3)	sch 1 (item 3)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 (C2024A00039)	39, 2024	31 May 2024	sch 12 (items 1‑7): 14 Oct 2024 (s 2(1) item 2)	—
Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 (C2024A00137)	137, 2024	10 Dec 2024	sch 1 (items 81, 82): 1 July 2025 (s 2(1) item 3)	—
Aged Care and Other Legislation Amendment Act 2025 (C2025A00045)	45, 2025	19 Sept 2025	sch 3 (items 50‑53): 1 Nov 2025 (s 2(1) item 6)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
s 3.............................................	am No 59, 2007
s 4.............................................	am No 30, 1997; No 59, 2007; No 149, 2010; No 108, 2015
s 5.............................................	am No 30, 1997; No 95, 1998; No 19, 1999; No 55, 2001; No 143, 2001; No 59, 2007; No 149, 2010; No 5, 2011; No 108, 2015
s 7.............................................	am No 59, 2007; No 149, 2010
s 7A...........................................	ad No 30, 1997
s 7B...........................................	ad No 95, 1998
am No 149, 2010
s 7C...........................................	ad No 59, 2007
am No 149, 2010
s 8.............................................	am No 149, 2010; No 59, 2015
s 10A.........................................	ad No 143, 2001
Part 2
Division 1
s 11............................................	am No 30, 1997; No 95, 1998; No 108, 2015
Division 2
s 12............................................	am No 149, 2010
Division 3
s 16............................................	am No 95, 1998
s 17............................................	am No 95, 1998
s 18............................................	am No 108, 2015
s 19............................................	am No 95, 1998
s 20............................................	am No 95, 1998
s 20A.........................................	ad No 95, 1998
s 22............................................	am No 149, 2010
Division 4
s 24............................................	am No 95, 1998; No 108, 2015
s 28............................................	am No 30, 1997
s 29............................................	am No 30, 1997; No 143, 2001
Division 5
Division 5 heading......................	rs No 30, 1997
s 31............................................	am No 30, 1997
Division 6
Subdivision A
Subdivision A heading.................	ad No 30, 1997
s 32............................................	am No 95, 1998; No 143, 2001; No 59, 2007
Subdivision B
Subdivision B heading.................	ad No 30, 1997
s 33............................................	am No 30, 1997
Subdivision C
Subdivision C heading.................	ad No 30, 1997
s 34............................................	am No 30, 1997
s 34A.........................................	ad No 30, 1997
s 34B.........................................	ad No 30, 1997
s 34C.........................................	ad No 30, 1997
s 34D.........................................	ad No 30, 1997
s 35............................................	am No 30, 1997
s 35A.........................................	ad No 30, 1997
s 35B.........................................	ad No 30, 1997
s 35C.........................................	ad No 30, 1997
s 35D.........................................	ad No 30, 1997
s 35E.........................................	ad No 30, 1997
s 35F..........................................	ad No 30, 1997
Division 8
s 37............................................	am No 149, 2010
Part 3
Division 1
s 38............................................	am No 59, 2007; No 108, 2015
Division 3
s 41............................................	am No 4, 2016
s 42............................................	am No 143, 2001
Division 4
Division 4 heading......................	rs No 59, 2007
s 44............................................	am No 59, 2007
s 45............................................	am No 4, 2016
s 46............................................	am No 143, 2001
Division 5
Subdivision A
s 48............................................	am No 108, 2015
Subdivision B
s 49............................................	am No 108, 2015
Subdivision C
s 51............................................	am No 4, 2016
s 52............................................	am No 143, 2001
Subdivision D
s 56............................................	am No 143, 2001
Division 7
s 60............................................	am No 30, 1997; No 143, 2001
Division 8
Division 8 heading......................	rs No 149, 2010
s 61............................................	am No 149, 2010
Part 4
s 65............................................	am No 4, 2016
Part 5
Division 1
s 67............................................	am No 30, 1997; No 108, 2015
Division 2
s 68............................................	am No 19, 1999; No 149, 2010; No 108, 2015
Division 3
s 70............................................	am No 59, 2007; No 149, 2010
s 71............................................	am No 30, 1997; No 59, 2007; No 149, 2010; No 5, 2011; No 46, 2011; No 107, 2018
s 71A.........................................	ad No 149, 2010
am No 103, 2013; No 45, 2025
s 72............................................	am No 149, 2010; No 107, 2018
s 73............................................	am No 95, 1998; No 59, 2007
s 74............................................	am No 95, 1998
s 75............................................	am No 143, 2001; No 59, 2007; No 108, 2015
s 76............................................	am No 143, 2001; No 59, 2007; No 149, 2010; No 107, 2018; No 74, 2023
s 77............................................	am No 107, 2018
s 78............................................	am No 143, 2001; No 59, 2007; No 149, 2010; No 107, 2018
s 79............................................	am No 59, 2007; No 149, 2010
s 80............................................	am No 59, 2007; No 149, 2010
s 80A.........................................	ad No 59, 2007
s 81............................................	am No 143, 2001; No 59, 2007; No 149, 2010
s 81A.........................................	ad No 108, 2015
s 83............................................	am No 59, 2007
s 83A.........................................	ad No 149, 2010
s 84............................................	am No 59, 2007; No 149, 2010
s 84A.........................................	ad No 30, 1997
am No 59, 2007; No 149, 2010; No 136, 2015
s 84AA......................................	ad No 108, 2015
s 85............................................	am No 143, 2001
s 86............................................	am No 143, 2001; No 59, 2007; No 149, 2010
s 86A.........................................

ad No 149, 2010

rep No 107, 2018

Division 4

Subdivision A

Subdivision A heading.................

ad No 149, 2010

s 88............................................

am No 149, 2010

s 89............................................

am No 30, 1997; No 59, 2007; No 149, 2010; No 46, 2011; No 107, 2018

Subdivision B

Subdivision B.............................

ad No 149, 2010

s 89A.........................................

ad No 149, 2010

Subdivision C

Subdivision C heading.................

ad No 149, 2010

s 90............................................

am No 143, 2001; No 108, 2015

s 91............................................

am No 30, 1997; No 59, 2007; No 149, 2010; No 5, 2011; No 46, 2011

s 92............................................

am No 59, 2007; No 149, 2010; No 107, 2018

s 93............................................

am No 59, 2007; No 149, 2010

s 93A.........................................

ad No 59, 2007

s 94............................................

am No 92, 1999; No 59, 2007; No 149, 2010; No 107, 2018

s 94AA......................................

ad No 108, 2015

s 94A.........................................

ad No 59, 2007

s 95............................................

am No 92, 1999; No 59, 2007; No 149, 2010

s 95AA......................................

ad No 108, 2015

s 95A.........................................

ad No 30, 1997

am No 59, 2007; No 149, 2010

s 96............................................

am No 143, 2001; No 59, 2007; No 149, 2010

s 96AA......................................

ad No 107, 2018

Division 4A

Division 4A................................

ad No 108, 2015

s 96A.........................................

ad No 108, 2015

s 96B.........................................

ad No 108, 2015

s 96C.........................................

ad No 108, 2015

s 96D.........................................

ad No 108, 2015

s 96E.........................................

ad No 108, 2015

s 96F..........................................

ad No 108, 2015

s 96G.........................................

ad No 108, 2015

s 96H.........................................

ad No 108, 2015

s 96J..........................................

ad No 108, 2015

s 96K.........................................

ad No 108, 2015

s 96L.........................................

ad No 108, 2015

s 96M........................................

ad No 108, 2015

Division 5

Subdivision A

s 97............................................

am No 30, 1997

Subdivision B

s 98............................................

am No 59, 2007; No 108, 2015

Subdivision C

s 99............................................

am No 143, 2001; No 59, 2007; No 108, 2015

s 100..........................................

am No 30, 1997; No 149, 2010; No 46, 2011

s 101..........................................

am No 59, 2007; No 108, 2015

s 102..........................................

rs No 143, 2001

s 103..........................................

am No 143, 2001; No 59, 2007; No 5, 2011; No 108, 2015

s 103A.......................................

ad No 108, 2015

s 103B.......................................

ad No 108, 2015

Subdivision D

Subdivision D heading.................

rs No 30, 1997

s 104..........................................

rs No 30, 1997

s 106..........................................

am No 30, 1997; No 143, 2001; No 149, 2010; No 4, 2016

s 107..........................................

am No 30, 1997; No 149, 2010; No 46, 2011

s 108..........................................

am No 30, 1997

rs No 143, 2001

s 109..........................................

am No 30, 1997; No 143, 2001; No 5, 2011

Division 6

s 112..........................................

am No 59, 2007; No 149, 2010

s 112A.......................................

ad No 59, 2007

s 112B.......................................

ad No 108, 2015

Part 6

Division 1

s 113..........................................

am No 30, 1997; No 149, 2010

Division 2..................................

rep No 149, 2010

s 114..........................................

am No 19, 1999

rep No 149, 2010

s 115..........................................

am No 59, 2007

rep No 149, 2010

s 116..........................................

rep No 149, 2010

s 117..........................................

rep No 149, 2010

s 118..........................................

am No 95, 1998

rep No 149, 2010

s 119..........................................

am No 95, 1998

rep No 149, 2010

s 120..........................................

am No 143, 2001; No 59, 2007

rep No 149, 2010

s 121..........................................

am No 143, 2001; No 59, 2007

rep No 149, 2010

s 122..........................................

rep No 149, 2010

s 123..........................................

am No 143, 2001; No 59, 2007

rep No 149, 2010

s 124..........................................

am No 59, 2007

rep No 149, 2010

s 125..........................................

am No 59, 2007

rep No 149, 2010

s 125A.......................................

ad No 59, 2007

rep No 149, 2010

s 126..........................................

am No 143, 2001; No 59, 2007

rep No 149, 2010

s 127..........................................

rep No 149, 2010

s 128..........................................

am No 59, 2007

rep No 149, 2010

s 129..........................................

am No 59, 2007

rep No 149, 2010

s 130..........................................

am No 30, 1997

rep No 149, 2010

s 131..........................................

am No 143, 2001; No 59, 2007

rep No 149, 2010

Division 3

s 131A.......................................

ad No 30, 1997

am No 19, 1999; No 149, 2010

s 131B.......................................

ad No 30, 1997

am No 143, 2001; No 149, 2010

s 131C.......................................

ad No 30, 1997

am No 143, 2001

s 131D.......................................

ad No 30, 1997

am No 143, 2001

s 131E........................................

ad No 30, 1997

s 132..........................................

am No 30, 1997; No 95, 1998; No 8, 2002; No 46, 2011; No 4, 2016

s 133..........................................

am No 30, 1997; No 95, 1998; No 46, 2011

s 134..........................................

am No 30, 1997

s 135..........................................

am No 30, 1997

s 136..........................................

am No 30, 1997; No 149, 2010

s 137..........................................

am No 30, 1997

Part 7

Division 2

s 140..........................................

am No 19, 1999; No 59, 2007

Division 3

s 141..........................................

am No 55, 2001; No 143, 2001

s 142..........................................

am No 143, 2001; No 74, 2023

s 143..........................................

am No 143, 2001

s 143A.......................................

ad No 30, 1997

s 144..........................................

am No 55, 2001

rs No 59, 2007

Division 4

s 145..........................................

am No 143, 2001

s 145A.......................................

ad No 30, 1997

Division 5

s 146..........................................

am No 143, 2001

Division 6

s 147..........................................

am No 30, 1997; No 134, 2003; No 103, 2010

Division 7

Division 7 heading......................

rs No 134, 2003; No 103, 2010

s 148..........................................

am No 134, 2003; No 103, 2010

Division 8

Division 8 heading......................

rs No 149, 2010

s 149..........................................

am No 149, 2010

Part 8

Division 1

s 150..........................................

rs No 59, 2007

Division 2

s 151..........................................

am No 19, 1999; No 59, 2007

Division 3..................................

rep No 59, 2007

s 153..........................................

rep No 59, 2007

s 154..........................................

rep No 59, 2007

Division 4

Division 4..................................

rs No 59, 2007

s 155..........................................

rs No 59, 2007

am No 126, 2015

Division 5

s 156..........................................

am No 143, 2001; No 59, 2007

Division 6

s 157..........................................

am No 59, 2007

Division 7

s 158..........................................

am No 134, 2003; No 103, 2010

Division 8

Division 8 heading......................

rs No 134, 2003; No 103, 2010

s 159..........................................

am No 134, 2003; No 103, 2010

Part 9

s 160..........................................

am No 19, 1999

s 161..........................................

am No 19, 1999

s 163A.......................................

ad No 19, 1999

am No 149, 2010

Part 10

s 167..........................................

rs No 143, 2001

Part 11

s 168..........................................

am No 149, 2010

s 169..........................................

am No 19, 1999; No 149, 2010

s 171..........................................

am No 103, 2010

s 172..........................................

am No 59, 2007

s 173..........................................

am No 59, 2007

s 177..........................................

am No 149, 2010

Part 12

Division 2

s 180..........................................

am No 149, 2010

Division 4

s 182..........................................

am No 19, 1999

s 183..........................................

am No 143, 2001

s 185..........................................

rs No 143, 2001

s 186..........................................

am No 143, 2001

s 187..........................................

am No 19, 1999

Part 13

Division 1

s 191..........................................

am No 109, 2006; No 149, 2010

Division 2

Division 2 heading......................

rs No 103, 2010

s 192..........................................

am No 95, 1998; No 19, 1999

rep No 83, 2003

s 193..........................................

am No 103, 2010

Division 3

s 194..........................................

am No 173, 1997; No 19, 1999; No 149, 2010

Division 4

s 196..........................................

am No 149, 2010

Division 5

s 198..........................................

am No 109, 2006; No 126, 2015

s 200..........................................

am No 30, 1997

Division 6

s 201..........................................

am No 109, 2006

s 202..........................................

am No 30, 1997

Division 7

s 208..........................................

rs No 143, 2001

Part 14

Part 14 heading...........................

rs No 149, 2010

s 215..........................................

rs No 59, 2007

am No 149, 2010

s 216..........................................

am No 143, 2001; No 59, 2007; No 149, 2010

Part 16

s 224..........................................

am No 143, 2001; No 149, 2010

s 225..........................................

am No 4, 2010

Part 17

Part 17 heading...........................

rs No 137, 2000

s 226..........................................

am No 137, 2000

s 227..........................................

rep No 137, 2000

s 228..........................................

am No 143, 2001

s 229..........................................

rep No 137, 2000

s 230..........................................

am No 143, 2001

s 231..........................................

rs No 143, 2001

Part 18

s 234..........................................

am No 143, 2001; No 5, 2011

s 237..........................................

am No 143, 2001

Part 19

s 241..........................................

am No 103, 2010; No 39, 2024; No 137, 2024

s 242..........................................

am No 30, 1997; No 59, 2007; No 108, 2015; No 107, 2018; No 39, 2024

s 243..........................................

am No 30, 1997

s 244..........................................

am No 146, 1999; No 149, 2010; No 5, 2011

s 248..........................................

am No 103, 2010; No 137, 2024

s 249..........................................

am No 146, 1999; No 5, 2011

s 250..........................................

am No 149, 2010; No 31, 2014; No 129, 2020

s 251..........................................

am No 95, 1998; No 5, 2011; No 129, 2020

s 251A.......................................

ad No 108, 2015

s 251B.......................................

ad No 108, 2015

am No 18, 2020

Schedule

c 2.............................................

am No 144, 2008

c 5.............................................

am No 59, 2007; No 126, 2015

c 9.............................................

am No 59, 2007; No 126, 2015

c 14...........................................

am No 55, 2001