Airline Equipment (Loan Guarantee) Act 1972

Administered by Department of the Prime Minister and Cabinet

Legislation au C1972A00042 Not in force Act

Legislation content

Airline Equipment (Loan Guarantee)

No. 42 of 1972

An Act relating to the provision of certain Equipment for a Domestic Airline.

[Assented to 7 June 1972]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Airline Equipment (Loan Guarantee) Act 1972.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Guarantee of certain loans.

3.—(1.) The Treasurer may, on behalf of the Commonwealth, at the request of Ansett Transport Industries Limited and subject to the conditions required by this Act, for the purpose of enabling the purchase by Ansett Transport Industries (Operations) Proprietary Limited of four Boeing 727-200 aircraft and related spare parts and equipment, guarantee the repayment of, and the payment of interest on, one or more loans made or to be made to Ansett Transport Industries (Operations) Proprietary Limited.

(2.) A guarantee or guarantees shall not be given under the last preceding sub-section in respect of loans exceeding in the whole the sum of Thirty-one million dollars in the currency of the United States of America and for that purpose the amount of a loan made in any other currency shall, for the purposes of the last preceding sub-section be taken to be the amount in the currency of the United States of America that is equivalent to the first-mentioned amount as ascertained—

(a) in accordance with the effective parity relationship between those currencies as fixed by determination of the International Monetary Fund in force at the time at which the loan was made; or

(b) if there is no such effective parity relationship, in accordance with the corresponding official rate of exchange between that other currency and the currency of the United States of America applicable at the time at which the loan was made.

(3.) The guarantee in respect of a loan or loans under this section does not affect the rights of Ansett Transport Industries Limited or Ansett Transport Industries (Operations) Proprietary Limited under clause 4 of the agreement set out in the Second Schedule to the Airlines Agreements Act 1952-1961.

Financial conditions of guarantees.

4. For the purpose of the protection of the financial interests of the Commonwealth, the Treasurer shall not give a guarantee under the last preceding section in respect of a loan unless—

(a) the moneys are borrowed upon reasonable terms and conditions;

(b) proper security is, or is to be, given to the Commonwealth over the aircraft, spare parts and equipment to which the loan relates;

(c) undertakings to the satisfaction of the Treasurer are given that the aircraft, spare parts and equipment over which security is to be taken in accordance with the last preceding paragraph—

(i) will be insured, and kept insured, against all risks that it is customary to insure, and to their full insurable value;

(ii) will not be sold or made the subject of a mortgage or charge having priority over the security to the Commonwealth in respect of the guarantee; and

(iii) will not be taken out of Australia for a destination that is not in Australia or a Territory of the Commonwealth except after the furnishing of such security as the Treasurer requires;


(d) undertakings to the satisfaction of the Treasurer are given that, so long as the loan or any interest on the loan remains unpaid—

(i) officers employed in the Commonwealth Service will have full access at all reasonable times to the financial accounts of Ansett Transport Industries Limited and Ansett Transport Industries (Operations) Proprietary Limited when authorized in writing by the Minister for that purpose; and

(ii) each of those companies will do everything within its power to ensure that the officers so authorized have similar access to the financial accounts of any company or firm in which that company at any time has, whether directly or indirectly, a controlling interest; and

(e) such other conditions as the Treasurer thinks necessary are fulfilled.

 

Overview

The Airline Equipment (Loan Guarantee) Act 1972 was enacted to address a specific financial need of Ansett Transport Industries Limited, enabling it to purchase four Boeing 727-200 aircraft and related spare parts and equipment by guaranteeing the repayment of loans up to a certain limit. This legislation was introduced by the Commonwealth Parliament, aiming to support the aviation sector by ensuring that Ansett Transport Industries could secure the necessary funding for its operations. The Act allows the Treasurer to guarantee the repayment of loans made to Ansett Transport Industries (Operations) Proprietary Limited, subject to various financial conditions that protect the interests of the Commonwealth. These conditions include reasonable borrowing terms, proper security over the purchased assets, insurance coverage, and access to financial accounts to ensure compliance with the terms of the loan.

Scope and Application

The Airline Equipment (Loan Guarantee) Act 1972 is a Commonwealth Act that provides for the Commonwealth to guarantee the repayment of, and the payment of interest on, certain loans made to Ansett Transport Industries (Operations) Proprietary Limited to enable the purchase of specified aircraft and related equipment. The Act applies specifically to Ansett Transport Industries Limited and its subsidiary Ansett Transport Industries (Operations) Proprietary Limited, focusing on their acquisition of four Boeing 727-200 aircraft and associated spare parts and equipment. The Act is limited to guaranteeing loans not exceeding thirty-one million dollars in United States currency, with a conversion mechanism to handle loans in other currencies. The Act applies nationally within Australia, as it is a Commonwealth Act, and does not specify any exclusions other than the threshold limit on the amount of loans that can be guaranteed. The Act may be extended or further specified by subordinate instruments or regulations, although no such instruments are mentioned in the text.

Key Provisions

The Airline Equipment (Loan Guarantee) Act 1972 (section 3) permits the Treasurer to guarantee the repayment of loans made to Ansett Transport Industries (Operations) Proprietary Limited, for the purpose of acquiring four Boeing 727-200 aircraft and related spare parts and equipment. This guarantee is conditional upon the request of Ansett Transport Industries Limited and adherence to the conditions stipulated in the Act, including a limit on the total loan amount of thirty-one million US dollars (section 3(2)). The guarantee does not affect the rights of Ansett Transport Industries Limited or Ansett Transport Industries (Operations) Proprietary Limited under clause 4 of the agreement set out in the Second Schedule to the Airlines Agreements Act 1952-1961 (section 3(3)). The Act outlines several financial conditions that must be met before the Treasurer can issue a guarantee (section 4). These conditions include ensuring that the loans are borrowed on reasonable terms and that proper security is given over the aircraft, spare parts, and equipment. Additionally, there must be undertakings that the equipment will be fully insured against customary risks, will not be sold or subject to charges with priority over the Commonwealth's security, and will not be taken out of Australia without the required security. Furthermore, the Act mandates that Commonwealth officers have full access to the financial accounts of the borrowing companies as long as the loan remains unpaid. Failure to comply with the provisions of the Airline Equipment (Loan Guarantee) Act 1972 could result in various consequences. While the Act does not explicitly detail specific offences or penalties, breaches of the financial conditions or failure to meet the requirements for guaranteeing loans could potentially lead to civil or criminal liabilities. The maximum penalties for breaches of such legislative acts typically depend on the severity and intent behind the breach, often involving fines or other legal actions as deemed appropriate by the relevant authorities.

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Commercial Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.