Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 32

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.