Australian Government

Federal Register of Legislation

Scheduled Maintenance Thursday 26 May from 9pm

Maintenance is scheduled between 9pm - 9am AEST, Thursday 26 to Friday 27 March 2026 and the site may be unavailable or slow during this time.

Airports (Transitional) Act 1996

In force

Administered by

Department of Finance

Superseded version

View latest version

View as made version

C2012C00772

22 September 2012 - 30 June 2014

Table of contents

Part 1—Introduction
- 1 Short title [see Note 1]
- 2 Commencement [see Note 1]
- 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 in the land
- 27 Entries in title registers
- 28 Lands Acquisition Act does not apply to this Part
Part 4—Transfer of the FAC’s assets or contracts to airport-lessee companies
- 29 Simplified outline
- 30 Transfer of assets
- 31 Transfer of contractual rights and obligations
Part 5—Transfer of the FAC’s liabilities to airport-lessee companies
- 32 Simplified outline
- 33 Transfer of liabilities
Part 6—Treatment of sale of shares in an airport-lessee company owned by the Commonwealth
- 34 Simplified outline
- 35 When this Part applies
- 36 Commonwealth may pay the FAC an amount before disposal of shares
- 37 Commonwealth must pay an amount to the FAC
- 38 Capital for the FAC following disposal of shares
Part 7—Treatment of consideration payable by an airport-lessee company that is not owned by the Commonwealth
- 40 Simplified outline
- 41 When this Part applies
- 42 Commonwealth must pay an amount to the FAC
- 43 Capital for the FAC after consideration becomes payable
- 44 Appropriation of Consolidated Revenue Fund
Part 8—Special tax rules
- Division 1—Simplified outline
  - 45 Simplified outline
- Division 2—Exemption from stamp duty and other taxes
- Division 3—Special income tax rules
Part 9—Transfer of staff from the FAC to airport-lessee companies
- Division 1—Simplified outline
  - 57 Simplified outline
- Division 2—Transfer of staff
  - 58 Transfer of staff from the FAC
- Division 3—Terms and conditions
- Division 4—Mobility rights
  - 62 Cessation of mobility rights
- Division 5—Long service leave
  - 63 Long service leave rules set out in Schedule 1
- Division 6—Superannuation
  - 64 Superannuation rules set out in Schedule 2
- Division 7—Safety, Rehabilitation and Compensation Act 1988
  - 65 Safety, Rehabilitation and Compensation Act 1988 rules set out in Schedule 3
Part 10—FAC’s debts
- Division 1—Simplified outline
  - 66 Simplified outline
- Division 2—Loans by the Commonwealth
- Division 3—Other borrowing transactions
Part 11—Prosecutions
- 79 Simplified outline
- 80 Continuing application of the Director of Public Prosecutions Act 1983
Part 12—Airport-lessee company not to be an agency of the Commonwealth etc.
- 81 Simplified outline
- 82 Airport-lessee company not to be an agency of the Commonwealth etc.
Part 13—Miscellaneous
- 83 Simplified outline
- 84 Transfer of pending proceedings
- 85 Operation of this Act does not place a person in breach of contract etc.
- 86 Appropriation—grant of airport lease to Commonwealth-owned company
- 87 This Act does not modify registers kept by land registration officials
- 88 Declarations that are contingent on the grant of an airport lease may be varied or revoked before the grant
- 89 Copies of declarations to be published in the Gazette
- 90 Compensation—constitutional safety-net
- 91 Commonwealth records
- 92 Act does not authorise the imposition of taxation
- 93 Regulations
Schedule 1—Long Service Leave
- 1 Scope of Schedule
- 2 Definitions
- 3 References to Long Service Leave Act
- 4 Long service leave for employees with less than 10 years service
- 5 Payments in lieu of long service leave for employees with less than 10 years service
- 6 Payments on the death of an employee
- 7 Employee’s long service leave credit for the purposes of clauses 4 and 5
- 8 Schedule not to affect an employee’s future long service leave rights
- 9 Saving—Long Service Leave Act
Schedule 2—Superannuation
Part 1—When this Schedule applies
- 1 When this Schedule applies
Part 2—Superannuation schemes
- Division 1—Transfer of staff from the FAC
- Division 2—Sale of airport-lessee companies owned by the Commonwealth
  - 5 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
  - 6 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
- Division 3—Transfer of staff to airport-lessee companies that are not owned by the Commonwealth
  - 7 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
  - 8 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
Part 3—The Crimes (Superannuation Benefits) Act 1989
- 9 Continuing application of the Crimes (Superannuation Benefits) Act 1989
Part 4—The Superannuation Benefits (Supervisory Mechanisms) Act 1990
- 10 An airport-lessee company is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990
Schedule 3—Safety, Rehabilitation and Compensation Act 1988
- 1 Definitions
- 2 SRC Act continues to apply to transferred employees
- 3 Commonwealth liable to meet certain SRC Act liabilities and is taken to be the employer in certain circumstances under the SRC Act
- 4 Airport-lessee company to co-operate with the Commonwealth
- 5 Section 40 of the SRC Act
- 6 Section 71 of the SRC Act
- 7 Section 108C of the SRC Act
  - Notes to the STYLEREF ShortT \* MERGEFORMAT Airports (Transitional) Act 1996