Airports Amendment Regulations 2009 (No. 1) (Cth)

Airports Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 8

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.

Dated 5 February 2009

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Airports Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Airports Regulations 1997

Schedule 1 amends the Airports Regulations 1997.

Schedule 1 Amendments

(regulation 3)

[1] Subparagraph 2.03 (1) (a) (ii)

omit

Corporations Law,

insert

Corporations Act 2001,

[2] Regulation 3.21, heading

substitute

3.21Relationship with Corporations Act 2001

[3] Regulation 3.21

omit

Corporations Law.

insert

Corporations Act 2001.

[4] Paragraph 7.01 (1) (a)

omit

Corporations Law;

insert

Corporations Act 2001;

[5] Paragraph 7.01 (1) (b), including the note

substitute

(b)whether or not the company is exempt under that Act (whether the exemption is by regulation or because of an exemption by the Australian Securities and Investments Commission) from compliance with Chapter 2M of that Act.

Note For disclosing entity, see section 111AC of the Corporations Act 2001.

[6] Paragraph 7.01 (2) (a)

omit

accounts or financial statements

insert

reports

[7] Paragraph 7.01 (2) (a)

omit

subsection 50A (5) of the Corporations Law)

insert

subsection 323D (5) of the Corporations Act 2001)

[8] Regulation 7.02, definition of accounts

omit

[9] Regulation 7.02, after definition of aeronautical services and facilities

insert

directors’ report means a directors’ report that meets the requirements of Part 2M.3 of the Corporations Act 2001.

financial records has the meaning given by section 9 of the Corporations Act 2001.

financial report has the meaning given by section 9 of the Corporations Act 2001.

[10] Regulation 7.02, definition of financial statements

substitute

financial statements has the meaning given by section 9 of the Corporations Act 2001.

[11] Regulation 7.03

substitute

7.03Preparation of accounts and reports

(1)This regulation is made for subsection 141 (2) and section 145 of the Act.

(2)An airport‑operator company for a specified airport must, for its operations at the airport, prepare the following:

(a)a financial report;

(b)a directors’ report.

(3)The reports required under subregulation (2) are in addition to any report prepared under the Corporations Act 2001, and must not be consolidated with those of any other company.

(4)An airport‑operator company that is an airport‑lessee company for a specified airport must also, for the airport, prepare:

(a)a consolidated financial report in accordance with the accounting standards made for the purposes of the Corporations Act 2001; and

(b)a directors’ report;

for itself and all airport‑management companies for the airport, as if those airport‑management companies were subsidiaries of the airport‑lessee company.

(5)The financial report required under paragraphs (2) (a) and (4) (a) must separately show the costs (including the costs associated with the maintenance and repair) and revenue in relation to the provision and use of:

(a)aeronautical services and facilities; and

(b)non‑aeronautical services and facilities.

(6)For subregulation (5), the costs and revenue for the provision and use of aeronautical services and facilities for an airport‑operator company that is an airport‑lessee company must include those recovered directly or indirectly from airlines (such as fuel throughput levies recovered through third party suppliers).

(7)The consolidated financial report of an airport‑operator company that is an airport‑lessee company is not required to include details about a passenger‑related service or facility if the premises are leased, and the lease was in force when the airport lease was granted to the airport‑lessee company.

[12] Regulation 7.04

omit

[13] Subparagraph 7.05 (2) (a) (i)

omit

a financial statement

insert

financial statements

[14] Paragraph 7.05 (2) (b)

omit

accounts and financial statements

insert

reports prepared for regulation 7.03

[15] Paragraph 7.05 (2) (c)

omit

accounts and financial statements

insert

reports prepared for regulation 7.03

[16] Subregulation 7.05 (3)

omit

Corporations Law for an auditor’s report under that Law.

insert

Corporations Act 2001 for an auditor’s report under Part 2M.3 of that Act.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See