Australian Government

Federal Register of Legislation

Airports Act 1996

In force

Administered by

Department of Infrastructure, Transport, Regional Development, Communications and the Arts

Latest version

C2024C00082 (C36)

20 March 2024

Table of 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
- Division 4—5% limit on ownership by airlines of airport operator companies for certain airports
- Division 5—Limits on cross ownership of pairs of airport operator companies
- 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
- Division 4—Major development plans
- Division 4A—Airport plan for Sydney West Airport
- Division 5—Building control
- Division 6—Miscellaneous
Part 6—Environmental management
- Division 1—Simplified outline
  - 113 Simplified outline
- Division 3—Environmental standards at airports
- 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
- 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
- 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
- Division 5—Declarations subjecting airports to statutory demand management
- Division 6—Demand management 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 Appeals 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