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Airports (Transitional) Act 1996
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Department of Finance
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C2016C00767 C17
01 July 2016
-
20 February 2018
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Table of contents
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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
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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
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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
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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
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Part 5—Transfer of the FAC’s liabilities to airport-lessee companies
32 Simplified outline
33 Transfer of liabilities
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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
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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
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Part 8—Special tax rules
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Division 1—Simplified outline
45 Simplified outline
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Division 2—Exemption from stamp duty and other taxes
46 Exemption from stamp duty and other taxes
47 Airport-lessee company not liable to stamp duty on pre-grant instruments
48 Stamp duty—transfers of assets or liabilities to privately-owned companies
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Division 3—Special income tax rules
48A Definitions
49B Special rules for fixtures that are depreciating assets—Income Tax Assessment Act 1997
50B Acquisition of depreciating asset from the Commonwealth—Division 40 of the Income Tax Assessment Act 1997
51B Acquisition of depreciating asset from the FAC—Division 40 of the Income Tax Assessment Act 1997
52A Consideration received by the FAC for transfer of assets—Income Tax Assessment Act 1997
54A Airport-lessee company to be capital works owner for the purposes of Division 43 of the Income Tax Assessment Act 1997
55 Modification of capital allowances and capital gains tax provisions
56 Transfer of development allowance benefits
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Part 9—Transfer of staff from the FAC to airport-lessee companies
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Division 1—Simplified outline
57 Simplified outline
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Division 2—Transfer of staff
58 Transfer of staff from the FAC
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Division 3—Terms and conditions
59 Terms and conditions of transferred employees
60 Variation of terms and conditions of employment
61 Statement of accrued benefits
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Division 4—Mobility rights
62 Cessation of mobility rights
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Division 5—Long service leave
63 Long service leave rules set out in Schedule 1
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Division 6—Superannuation
64 Superannuation rules set out in Schedule 2
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Division 7—Safety, Rehabilitation and Compensation Act 1988
65 Safety, Rehabilitation and Compensation Act 1988 rules set out in Schedule 3
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Part 10—FAC’s debts
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Division 1—Simplified outline
66 Simplified outline
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Division 2—Loans by the Commonwealth
67 Scope of Division
68 Treasurer may declare that loan is due and payable
69 Commonwealth may pay the FAC an amount equal to the amount owing
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Division 3—Other borrowing transactions
71 Scope of Division
72 Borrowing transactions
73 FAC’s borrowing transactions may become the Commonwealth’s borrowing transactions
74 Commonwealth takeover of certain obligations of the FAC
75 Application of the Loans Securities Act 1919
76 Commonwealth takeover of obligations—payments by the FAC to the Commonwealth
77 Commonwealth may pay the FAC an amount to enable the FAC to discharge or extinguish its liability under a borrowing transaction
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Part 11—Prosecutions
79 Simplified outline
80 Continuing application of the Director of Public Prosecutions Act 1983
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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.
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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
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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
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Part 1—When this Schedule applies
1 When this Schedule applies
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Part 2—Superannuation schemes
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Division 1—Transfer of staff from the FAC
2 Commonwealth-owned airport-lessee companies
3 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
4 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
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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
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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
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Part 3—The Crimes (Superannuation Benefits) Act 1989
9 Continuing application of the Crimes (Superannuation Benefits) Act 1989
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
