Commonwealth: Airports Act 1996 (Cth)

Airports Act 1996 No. 42, 1996 Compilation No. 37 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 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 14 October 2024 (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 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 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 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Objects 4 Simplified outline 5 Definitions 6 Sydney West Airport 7 Meaning of core regulated airport 7A Transfers and acquisitions by way of the enforcement of a loan security 7B Meaning of joint‑user airport 7C Giving information and the Electronic Transactions Act 8 Crown to be bound 9 External Territories 10 Extra‑territorial operation 10A Application of the Criminal Code Part 2—Leasing and management of airports Division 1—Simplified outline 11 Simplified outline Division 2—Scope of Part 12 Airports to which Part applies Division 3—Grant of airport leases 13 Commonwealth may grant airport lease 14 Rules about airport leases 15 Termination of airport lease if lessee ceases to be a qualified company 16 Person may acquire airport leases for only one airport site 17 Simultaneous grant of leases to the same person must relate to the same airport 18 Sydney (Kingsford‑Smith) Airport and Sydney West Airport may be under common ownership 19 Only one person to hold airport leases for an airport site 20 Simultaneous grant of leases relating to the same airport site to be to the same person 20A Airport leases for an airport site to expire on the same day 21 No grant of lease if Part 3 contravened 22 Airport lease granted subject to existing interests in the land Division 4—Restrictions on acquisition and transfer of airport leases 23 Restriction on acquisition of airport lease 24 No transfer of airport lease without approval of Minister 25 No transfer of lease if Part 3 contravened 26 No declaration of trust in respect of airport lease 27 Beneficial interest in airport lease must not be transferred independently of legal interest 28 Notification of acquisition of lease or of entry into possession—enforcement of loan security 29 Re‑transfer of lease—enforcement of loan security 30 Termination of airport lease otherwise than under this Act Division 5—Obligation to use airport site as an airport 31 Obligation to use airport site as an airport Division 6—Restrictions on lessees Subdivision A—Airport‑operator company must not carry on non‑airport business 32 Airport‑operator company must not carry on non‑airport business Subdivision B—Airport‑management agreements 33 Airport‑management agreements Subdivision C—Subleases and licences 34 Regulations may prohibit subleases of airport leases 34A Regulations may prohibit terms from being included in sublease of airport lease 34B Regulations may require terms to be included in sublease of airport lease 34C Regulations may prohibit declaration of trust in respect of sublease of airport lease 34D Regulations may provide that a beneficial interest in a sublease of airport lease must not be transferred independently of the legal interest 35 Regulations may prohibit licences relating to airport leases 35A Regulations may prohibit terms from being included in licence relating to airport lease 35B Regulations may require terms to be included in licence relating to airport lease 35C Regulations may prohibit declaration of trust in respect of licence relating to airport lease 35D Regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest 35E Termination of sublease or licence otherwise than under this Subdivision 35F Compensation—constitutional safety‑net Division 7—Lands Acquisition Act 1989 not to apply to anything done under this Part 36 Lands Acquisition Act 1989 not to apply to anything done under this Part Division 8—Entries in title registers 37 Entries in title registers Part 3—Restrictions on ownership of airport‑operator companies Division 1—Simplified outline 38 Simplified outline Division 2—Definitions in Schedule 39 Definitions in Schedule Division 3—49% limit on foreign ownership 40 Meaning of unacceptable foreign‑ownership situation 41 Acquisitions of shares 42 Compliance by airport‑operator company 43 Remedial orders Division 4—5% limit on ownership by airlines of airport‑operator companies for certain airports 44 Meaning of unacceptable airline‑ownership situation 45 Acquisitions of shares 46 Compliance by airport‑operator company 47 Remedial orders Division 5—Limits on cross‑ownership of pairs of airport‑operator companies Subdivision A—Simplified outline 48 Simplified outline Subdivision B—Pairs of airport‑operator companies 49 Pairs of airport‑operator companies Subdivision C—15% limit on cross‑ownership 50 Meaning of unacceptable cross‑ownership situation 51 Acquisitions of shares 52 Compliance by airport‑operator companies 53 Remedial orders Subdivision D—Practical control 54 Meaning of control 55 Minister may declare person to have practical control of an airport‑operator company 56 Requirement to relinquish practical control or reduce stake 57 Remedial orders Division 6—Head office of airport‑operator company and citizenship/residency of directors of airport‑operator company 58 Head office to be in Australia 59 Majority of directors must be Australian citizens or Australian residents Division 7—Record‑keeping and giving of information 60 Record‑keeping and giving of information Division 8—Concurrent operation of State laws 61 Concurrent operation of State laws Division 9—Validity of acts done in contravention of this Part 62 Validity of acts done in contravention of this Part Division 10—Acquisition of property 63 Acquisition of property Part 4—Anti‑avoidance 64 Simplified outline 65 Anti‑avoidance—assets etc. 66 Anti‑avoidance—airport‑management agreements Part 5—Land use, planning and building controls Division 1—Simplified outline 67 Simplified outline Division 2—Scope of Part 68 Airports to which Part applies Division 3—Airport master plans 69 Simplified outline 70 Final master plans 71 Contents of draft or final master plan 71A Draft or final master plan must identify proposed sensitive developments 72 Planning period 73 Assumption of continuity of lease 74 Plan does not lapse when lease transferred 75 Draft master plan to be given to Minister after acquisition or grant of airport lease 76 New draft master plan to be submitted before expiry of old plan 77 Duration of final master plan 78 Replacement of final master plan 79 Public comment and advice to State etc. 80 Consultations 80A Minister may request more material for making decision 81 Approval of draft by Minister 81A Approval of final master plan—Sydney West Airport 82 Transfer of airport lease during approval process 83 Effect of approval 83A Compliance with environment strategy in final master plan 84 Minor variation of final master plan 84AA Minor variation of final master plan—Sydney West Airport 84A Public comment and advice to State etc.—minor variation 85 Notification of matters that may affect the achievement of final master plan 86 Publication of final master plan or variation of final master plan 87 Transitional—adoption of FAC documents Division 4—Major development plans Subdivision A—Introduction 88 Simplified outline 89 Meaning of major airport development Subdivision B—Sensitive developments 89A Sensitive development prohibited except in exceptional circumstances Subdivision C—Approval process 90 Major airport development must not be carried out except in accordance with an approved major development plan etc. 91 Contents of major development plan 92 Public comment and advice to State etc. 93 Consultations 93A Minister may request more material for making decision 94 Approval of major development plan by Minister 94AA Approval of major development plan—Sydney West Airport 94A Examples of conditions 95 Minor variation of major development plan 95AA Minor variation of major development plan—Sydney West Airport 95A Public comment and advice to State etc.—minor variation 96 Publication of major development plan or variation of major development plan 96AA Cessation of approval of major development plan in exceptional circumstances Division 4A—Airport plan for Sydney West Airport 96A Simplified outline of this Division 96B Determination of airport plan for Sydney West Airport 96C Contents of airport plan 96D Variation of airport plan 96E Automatic variation of airport plan etc. 96F Publication of airport plan etc. 96G Exemption from Parts 3 and 9 of the Environment Protection and Biodiversity Conservation Act 1999 96H Major development plan 96J Compliance with condition set out in airport plan 96K Implementation of airport plan 96L Ancillary developments on associated sites 96M Meaning of development Division 5—Building control Subdivision A—Simplified outline 97 Simplified outline Subdivision B—Interpretation 98 Interpretation Subdivision C—Building approvals 99 Building activities not to be carried out without approval 100 Regulations about building approvals 101 Building approval to be consistent with final master plan and major development plan etc. 102 Offence of contravening conditions 103 Remedial directions 103A Designated SWA instrument 103B Building activities on associated sites for Sydney West Airport Subdivision D—Certificates of compliance 104 Certificates of compliance 105 Eligible alterations 106 Requirement for certificate of compliance 107 Regulations about certificates of compliance 108 Offence of contravening conditions 109 Remedial directions 110 Transitional—buildings and structures in existence when airport lease first granted Division 6—Miscellaneous 111 Infringement notices 112 Exclusion of State laws 112A Exclusion of Part III of Australian Capital Territory (Planning and Land Management) Act 112B Sydney West Airport completion day Part 6—Environmental management Division 1—Simplified outline 113 Simplified outline Division 3—Environmental standards at airports 131A Airports to which Division applies 131B Offence resulting in serious environmental harm 131C Offence resulting in material environmental harm 131D Offence resulting in environmental nuisance 131E Alternative verdicts—offence against section 131B or 131C 132 Regulations about environmental standards at airports 133 Regulations about monitoring, and remedying breaches of, environmental standards at airports 134 Remedying breaches of environmental standards—recovery of expenses by airport‑operator company 135 Remedying breaches of environmental standards—recovery of expenses by the Commonwealth 136 Operation of State laws 137 Severability Division 4—Infringement notices 138 Infringement notices Part 7—Accounts and reports of airport‑operator companies Division 1—Simplified outline 139 Simplified outline Division 2—Scope of Part 140 Airports to which Part applies Division 3—Accounts 141 Preparation and retention of accounts 142 Audit of accounts 143 Lodgment of accounts with the ACCC 143A Publication of accounts and statements 144 Approved auditor Division 4—Airport reports 145 Airport reports 145A Publication of airport reports Division 5—Record‑keeping 146 Record‑keeping Division 6—Protection of documents given to the ACCC 147 Protection of documents given to the ACCC Division 7—Part supplements the Competition and Consumer Act 2010 148 Part supplements the Competition and Consumer Act 2010 Division 8—Concurrent operation of State laws 149 Concurrent operation of State laws Part 8—Quality of service monitoring and reporting Division 1—Simplified outline 150 Simplified outline Division 2—Scope of Part 151 Airports to which Part applies 152 Airport services and facilities Division 4—ACCC to monitor quality of services and facilities 155 ACCC to monitor quality of services and facilities Division 5—Record‑keeping and giving of information 156 Record‑keeping and giving of information Division 6—ACCC may publish quality of service information 157 Publication of quality of service information Division 7—Protection of information given to the ACCC 158 Protection of information given to the ACCC Division 8—Part supplements the Competition and Consumer Act 2010 159 Part supplements the Competition and Consumer Act 2010 Part 9—Variation and closure of airport sites 160 Simplified outline 161 Variation of airport sites—consent of lessee 162 Closure of airport sites 163 Surrender of airport leases 163A Variation of airport lease—reducing leased area Part 10—Implementation of international agreements relating to airports 164 Simplified outline 165 Designated international agreements 166 Regulations may give effect to designated international agreements 167 Compliance by airport operators with regulations Part 11—Control of certain on‑airport activities 168 Simplified outline 169 Airports to which Part applies 170 Control of liquor 171 Control of commercial trading 172 Control of vehicle movements 173 Control of gambling 174 Control of smoking 175 Enforcement 176 Infringement notices 177 Operation of State laws 178 Submissions Part 12—Protection of airspace around airports Division 1—Simplified outline 179 Simplified outline Division 2—Scope of Part 180 Airports to which Part applies Division 3—Prescribed airspace 181 Prescribed airspace Division 4—Protection of prescribed airspace 182 Controlled activities 183 Controlled activities not to be carried out without approval 184 Regulations about approvals 185 Offence of contravening conditions 186 Notification of proposals to carry out controlled activities 187 Remedial orders 188 Compensation—constitutional safety‑net 189 Severability Division 5—Part supplements regulations under the Civil Aviation Act 1988 190 Part supplements regulations under the Civil Aviation Act 1988 Part 13—Access to airports and demand management at airports Division 1—Simplified outline 191 Simplified outline Division 2—Application of the access regime in Part IIIA of the Competition and Consumer Act 2010 193 Part IIIA of the Competition and Consumer Act 2010 to be subject to the demand management provisions of this Part Division 3—Scope of demand management provisions 194 Scope of demand management provisions Division 4—Airport capacity declarations 195 Airport capacity declarations 196 Public comment 197 Submissions Division 5—Declarations subjecting airports to statutory demand management 198 Declarations subjecting airports to statutory demand management 199 Criteria for making declaration 200 Submissions Division 6—Demand management schemes 201 Demand management schemes 202 Submissions 203 Types of schemes 204 Category exclusion schemes 205 Slot allocation schemes 206 Movement limitation schemes 207 Concurrent schemes Division 7—Compliance with demand management schemes 208 Compliance with demand management schemes 209 Infringement notices Division 8—Part supplements Sydney Airport Curfew Act and Air Navigation Regulations 210 Part supplements Sydney Airport Curfew Act 211 Part supplements Air Navigation Regulations Division 9—Intervals of time 212 Recurring intervals of time 213 Specification of 2 or more intervals of time Division 10—Severability 214 Severability Part 14—Air traffic services and aerodrome rescue and fire fighting services 215 Simplified outline 216 Air traffic services, and aerodrome rescue and fire fighting services, not to be provided without approval Part 15—Injunctions 217 Simplified outline 218 Injunctions 219 Interim injunctions 220 Discharge etc. of injunctions 221 Certain limits on granting injunctions not to apply 222 Other powers of the court unaffected Part 16—Prosecutions 223 Simplified outline 224 Prosecutions of corporations 225 Prosecutions of persons other than corporations Part 17—Incorrect records 226 Simplified outline 228 Incorrect records 230 Incorrect accounts and statements 231 False or misleading audit certificates Part 18—Monitoring powers 232 Simplified outline 233 Authorised officers 234 Identity cards 235 Searches to monitor compliance with Part 5 or 6—occupier consents 236 Monitoring warrants 237 Power to require persons to answer questions etc. 238 Monitoring powers 239 Airport premises 240 References to Part 5 or 6 Part 19—Miscellaneous 241 Simplified outline 242 Review of decisions by Administrative Review Tribunal 243 Tabling of Ministerial statements about certain decisions 244 Delegation 245 Indictable offences 246 Constitutional corporations 247 Severability 248 Application of the Competition and Consumer Act 2010 249 Relocation of abandoned aircraft etc. 250 Access to airports for defence‑related purposes and for emergency or disaster relief 251 Compensation for access to airports for defence‑related purposes and for emergency or disaster relief 251A Sydney West Airport—miscellaneous provisions 251B Regulations declaring airport site 252 Regulations 253 Repeals Schedule—Ownership definitions 1 Object 2 Definitions 3 When foreign citizens are ordinarily resident in Australia 4 Entering into an agreement or arrangement 5 Associates 6 Power to appoint director 7 Meaning of entitled to acquire 8 Meaning of interest in a share 9 Certain interests and stakes to be disregarded 10 Voting power 11 Stake in a company 12 Direct control interests in a company 13 Substantial interests in trust estates 14 Airport holding companies in which foreign persons have direct control interests Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about airports Part 1—Introduction 1 Short title This Act may be cited as the Airports Act 1996. 2 Commencement This Act commences on the day on which it receives the Royal Assent. 3 Objects 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. 4 Simplified 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. 5 Definitions (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: (a) the landing of an aircraft at an airport; or (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: (a) means a lease of the whole or a part of an airport site, where the Commonwealth is the lessor; and (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: (a) declared by the regulations to be an airport site; and (b) a Commonwealth place; and (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: (a) a Saturday; or (b) a Sunday; or (c) a public holiday in: (i) the place where the airport is situated; or (ii) the Australian Capital Territory; or (d) 27, 28, 29, 30 or 31 December. Commonwealth place means: (a) a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; or (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: (a) do an act; or (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: (a) a sublease; or (b) a licence; or (c) an easement or other incorporeal hereditament; or (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 airport has 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: (a) is a constitutional corporation; and (b) is incorporated, or taken to be incorporated, under the Corporations Act 2001; and (c) has a share capital. quality of service matter has the meaning given by subsection 156(7). scheme means: (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 (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: (a) the Australian Capital Territory; and (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. 6 Sydney 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. 7 Meaning of core regulated airport (1) For the purposes of this Act, each of the following airports is a core regulated airport: (a) Sydney (Kingsford‑Smith) Airport; (b) Sydney West Airport; (c) Melbourne (Tullamarine) Airport; (d) Brisbane Airport; (e) Perth Airport; (f) Adelaide Airport; (g) Gold Coast Airport; (h) Hobart International Airport; (i) Launceston Airport; (j) Alice Springs Airport; (k) Canberra Airport; (l) Darwin International Airport; (m) Townsville Airport; (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. 7A Transfers 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. 7B Meaning of joint‑user airport (1) For the purposes of this Act, each of the following airports is a joint‑user airport: (a) Darwin International Airport; (b) Townsville Airport; (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. 7C Giving 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. 8 Crown 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. 9 External Territories This Act extends to all the external Territories. 10 Extra‑territorial operation This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country. 10A Application 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 2—Leasing and management of airports Division 1—Simplified outline 11 Simplified 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 2—Scope of Part 12 Airports to which Part applies (1) This Part applies to: (a) a core regulated airport; and (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 3—Grant of airport leases 13 Commonwealth may grant airport lease The Commonwealth may grant an airport lease under this section. 14 Rules 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). 15 Termination 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. 16 Person 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. 17 Simultaneous 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. 18 Sydney (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. 19 Only 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. 20 Simultaneous 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. 20A Airport 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. 21 No 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: (a) an unacceptable foreign‑ownership situation in relation to the company would come into existence in the event of the grant; or (b) an unacceptable airline‑ownership situation in relation to the company would come into existence in the event of the grant; or (c) both: (i) the company would become a member of a pair of airport‑operator companies in the event of the grant; and (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. 22 Airport 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: (a) all obligations and benefits of the Commonwealth under, or connected with, such an existing lease: (i) pass to the airport‑lessee company; and (ii) cease to be enforceable by or against the Commonwealth; whether or not the obligations or benefits touch and concern the land; (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; (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 4—Restrictions on acquisition and transfer of airport leases 23 Restriction on acquisition of airport lease (1) A person must not acquire an airport lease, or an interest in an airport lease, unless: (a) the person is a qualified company; or (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. 24 No 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: (a) on a ground specified in the regulations; or (b) on the grounds set out in subsection 14(3); or (c) the grounds set out in subsection 16(2); or (da) on the grounds set out in subsection 19(1A); or (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. 25 No 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. 26 No 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. 27 Beneficial 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. 28 Notification of acquisition of lease or of entry into possession—enforcement of loan security (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, within 7 days after acquiring the lease, give the Minister written notice of the acquisition. Penalty: 100 penalty units. (2) 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, within 7 days after entering into possession, give the Minister written notice of the entry into possession. Penalty: 100 penalty units. 29 Re‑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. 30 Termination 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 5—Obligation to use airport site as an airport 31 Obligation to use airport site as an airport (1) This section has effect for the purposes of determining whether: (a) an airport‑operator company for an airport; or (b) a person acting on behalf of an airport‑operator company for an airport; has a defence to, or an immunity from: (c) an action or proceeding in court (whether civil or criminal); or (d) an administrative proceeding; or (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 6—Restrictions on lessees Subdivision A—Airport‑operator company must not carry on non‑airport business 32 Airport‑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 B—Airport‑management agreements 33 Airport‑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 C—Subleases and licences 34 Regulations 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: (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 (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. 34A Regulations 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: (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 (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. 34B Regulations 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: (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 (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. 34C Regulations 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. 34D Regulations 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. 35 Regulations 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: (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 (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. 35A Regulations 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: (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 (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. 35B Regulations 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: (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 (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. 35C Regulations 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. 35D Regulations 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. 35E Termination 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. 35F Compensation—constitutional safety‑net (1) If: (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 (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 7—Lands Acquisition Act 1989 not to apply to anything done under this Part 36 Lands 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 8—Entries in title registers 37 Entries 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 3—Restrictions on ownership of airport‑operator companies Division 1—Simplified outline 38 Simplified 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 air