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Airports (Transitional) Act 1996No. 36, 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Superseded version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