Federal Airports Corporation Amendment Act 1988

Overview

The Federal Airports Corporation Amendment Act 1988, enacted by the Queen in Parliament, amends the Federal Airports Corporation Act 1986 to address gaps in the management and operation of joint-user aerodromes, particularly those that are partially federal airports and partially under Defence control. This legislation aims to clarify the roles and responsibilities of the Federal Airports Corporation in managing these complex aerodromes, ensuring that they can effectively participate in the operation of jointly used areas. By expanding definitions and authorising new arrangements, the Act seeks to streamline operations and improve coordination between the Federal Airports Corporation and Defence, thereby enhancing the efficiency and safety of these shared facilities. The policy objective is to facilitate better management of joint-user aerodromes, ensuring they meet both civil aviation and Defence needs.

Scope and Application

The Federal Airports Corporation Amendment Act 1988 amends the Federal Airports Corporation Act 1986 to extend the scope of the Corporation's functions and powers, particularly in relation to jointly used aerodromes. This Act applies to the Federal Airports Corporation and any joint-user aerodromes, which are defined as aerodromes that have a part designated as a Federal airport and the remaining part under Defence control. The Corporation's functions now include participating in the operation of jointly used areas, and it is granted specific powers to lease land from the Commonwealth or other persons for Federal airport purposes and to enter into arrangements for the use of such land. The Act also clarifies the vesting of land in the Corporation, ensuring that where land becomes part of a Federal airport, it vests in the Corporation unless otherwise declared. Furthermore, it amends definitions and references throughout the Principal Act to include jointly used areas within the scope of Federal airports, thereby extending the application of certain provisions to these areas. This Act applies nationally across the Commonwealth of Australia and its application may be further defined or extended through subordinate instruments.

Key Provisions

The Federal Airports Corporation Amendment Act 1988 introduces several amendments to the Federal Airports Corporation Act 1986. Firstly, the Act amends the definitions in Section 3 of the Principal Act (Section 2), adding new definitions for "jointly used area" and "joint-user aerodrome," and replacing the definition of "operate" with one that includes manage, maintain, and improve. Secondly, Section 6 of the Principal Act is updated to include participation in the operation of jointly used areas among the Corporation's functions (Section 3). The extent of these functions is further defined in Section 8 of the Principal Act, which is amended to include jointly used areas within the definition of "Federal airport," except in specific circumstances, and to limit the Corporation's functions in relation to jointly used areas based on certain arrangements (Section 4). Additionally, the powers of the Corporation are expanded in Section 9 of the Principal Act to include the ability to lease land from the Commonwealth or another party and to enter into arrangements for jointly used areas (Section 5). The Act imposes several obligations on the Federal Airports Corporation. It mandates the Corporation to participate in the operation of jointly used areas, which are defined as aerodromes partly owned by the Commonwealth and partly available for civil aviation activities. This participation is subject to the conditions set out in the arrangements referred to in Section 9(2)(cb) of the Principal Act. The Corporation is also granted the power to lease land for the purposes of the Act, whether from the Commonwealth, another authority, or a private party. Furthermore, the Act requires the Corporation to manage and maintain these areas in accordance with the operational arrangements. The vesting of land and the transfer of assets are also subject to specific provisions in the Act, which detail the conditions under which land owned by the Commonwealth may vest in the Corporation or remain under Commonwealth ownership. The Act also introduces potential consequences for non-compliance with its provisions. While the Act itself does not explicitly state penalties for breaches, the underlying legislation, the Federal Airports Corporation Act 1986, may provide for civil or criminal penalties. Under the Principal Act, breaches of certain provisions could result in fines and imprisonment, depending on the severity of the offence. For instance, offences related to the misuse of airport facilities or unauthorised activities could lead to penalties such as fines up to a specified amount or imprisonment for a certain period. Additionally, failure to comply with operational or management directives could result in administrative penalties or legal action under other relevant aviation or corporation legislation.