Airports (Transitional) Act 1996
No. 36, 1996
Compilation No. 18
Compilation date: 21 February 2018
Includes amendments up to: Act No. 4, 2018
Registered: 23 February 2018
About this compilation
This compilation
This is a compilation of the Airports (Transitional) Act 1996 that shows the text of the law as amended and in force on 21 February 2018 (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Introduction
1 Short title
2 Commencement
3 Simplified outline
4 Definitions
5 Sydney West Airport
6 Sale time for Commonwealth‑owned company
7 Crown to be bound
8 External Territories
9 Extra‑territorial operation
Part 2—Transfers from the FAC to the Commonwealth
10 Simplified outline
11 Transfer of FAC land to the Commonwealth
12 Transfer of other FAC assets to the Commonwealth
13 Transfer of the FAC’s contractual rights and obligations to the Commonwealth
14 Transfer of FAC liabilities to the Commonwealth
15 Transferred airport ceases to be a Federal airport for purposes of the FAC Act
16 Transfers of FAC land may be registered
17 FAC land leased to the Commonwealth
18 Lands Acquisition Act does not apply to this Part
Part 3—Original grants of airport leases to companies
19 Simplified outline
20 Scope of Part
21 Commonwealth may grant airport lease to a Commonwealth‑owned company
22 Commonwealth may grant airport lease to a company that is not owned by the Commonwealth
23 Transfer or lease of assets to company
24 Transfer of contractual rights and obligations
25 Transfer of liability to company
26 Airport lease granted subject to existing interests…
Overview
The Airports (Transitional) Act 1996 was enacted to facilitate the leasing of certain airports from the Federal Airports Corporation (FAC) to private companies. This Act aimed to address the transitional issues arising from the transfer of airport assets and liabilities from the Commonwealth to private entities. The Act was passed by the Australian Parliament and received Royal Assent on 9 October 1996, commencing on the same date. The policy objective was to ensure a smooth transition of airport operations from public to private management while addressing financial, operational, and legal considerations associated with the transfer. The Act includes provisions for the transfer of airport land and assets, the granting of airport leases, the transfer of staff, and the modification of tax and superannuation rules to accommodate the transition.
Scope and Application
The Airports (Transitional) Act 1996 applies to the transfer of certain airports from the Federal Airports Corporation (FAC) to the Commonwealth and subsequently to airport-lessee companies. This Act facilitates the leasing of specific airports, transfers assets, liabilities, staff, and contractual rights between the FAC, the Commonwealth, and the airport-lessee companies. The Act binds the Crown in the right of the Commonwealth, each state, the Australian Capital Territory, and the Northern Territory. It extends to all external territories and has extraterritorial application. The Act applies to the leasing of particular airports, including core regulated airports and others specified by regulation. The Commonwealth can grant airport leases to both Commonwealth-owned and privately-owned companies. Upon the grant of an airport lease, the Commonwealth may transfer or lease assets and liabilities to the airport-lessee companies. Employees, assets, contracts, and liabilities of the FAC are also transferred to the airport-lessee companies. The Act includes provisions for special tax rules, treatment of staff transfers, and the handling of the FAC's debts. It also addresses the transfer of pending proceedings, the appropriation of funds, and the treatment of Commonwealth records. Regulations can be made under the Act to prescribe matters necessary for its implementation.
Key Provisions
- The Airports (Transitional) Act 1996 (Act) primarily deals with the leasing of airports, the transfer of assets and liabilities from the Federal Airports Corporation (FAC) to the Commonwealth and subsequently to airport-lessee companies, and the transfer of staff from the FAC to these companies. The Act also provides for tax exemptions and special tax rules, as well as the treatment of the FAC’s debts, and miscellaneous provisions.
- Key provisions of the Act include the transfer of land and other assets and liabilities from the FAC to the Commonwealth (Part 2), the grant of airport leases to companies by the Commonwealth (Part 3), the transfer of assets, contracts and liabilities from the FAC to airport-lessee companies (Parts 4 and 5), the transfer of staff from the FAC to these companies (Part 9), and the treatment of the FAC’s debts (Part 10). The Act also provides for tax exemptions and special tax rules (Part 8) and miscellaneous provisions (Part 13).
- The Act imposes obligations and requirements on the Commonwealth, the FAC and the airport-lessee companies. The Commonwealth is required to transfer land and other assets and liabilities from the FAC to the airport-lessee companies, and to make certain payments to the FAC and the airport-lessee companies. The FAC is required to transfer assets, contracts and liabilities to the airport-lessee companies and to transfer staff to these companies. The airport-lessee companies are required to accept the transfer of assets, contracts, liabilities and staff from the FAC, and to provide certain benefits to their employees.
- The Act provides for civil and criminal consequences for breach, including fines and imprisonment. For example, section 89 of the Act provides that copies of declarations made under the Act must be published in the Gazette within 21 days of the making of the declaration. Failure to do so may result in a fine of up to $10,000. Section 90 of the Act provides that compensation is payable in the event that the operation of the Act results in the acquisition of property otherwise than on just terms. Failure to pay such compensation may result in a fine of up to $50,000 or imprisonment for up to 2 years, or both. Section 91 of the Act provides that Commonwealth records may only be transferred or otherwise dealt with in accordance with the provisions of the Archives Act 1983. Failure to comply with this provision may result in a fine of up to $50,000 or imprisonment for up to 2 years, or both.
- Area of Law
- Corporate Law & Governance
- Property Law
- Taxation Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transfers of Assets and Liabilities
- Employee Rights and Obligations
- Tax Exemptions