Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 36, 1996
Compilation No. 18
Compilation date: 21 February 2018
Includes amendments up to: Act No. 4, 2018
Registered: 23 February 2018
About this compilation
This compilation
This is a compilation of the Airports (Transitional) Act 1996 that shows the text of the law as amended and in force on 21 February 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
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
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
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
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
59 Terms and conditions of transferred employees
60 Variation of terms and conditions of employment
61 Statement of accrued benefits
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
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
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
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
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
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
36, 1996 | 9 Oct 1996 | 9 Oct 1996 (s 2) |
| |
Workplace Relations and Other Legislation Amendment Act 1996 | 60, 1996 | 25 Nov 1996 | Sch 11 (item 60): 31 Dec 1996 (s 2(2) and gaz 1996, No S535) | -- |
30, 1997 | 17 Apr 1997 | Sch 1 (item 86): 17 Apr 1997 (s 2) | -- | |
121, 1997 | 8 July 1997 | -- | ||
Taxation Laws Amendment Act (No. 1) 1998 | 16, 1998 | 16 Apr 1998 | Sch 10 (items 58-64): 16 Apr 1998 (s 2(1)) | Sch 10 (item 64) |
95, 1998 | 23 July 1998 | -- | ||
Taxation Laws Amendment Act (No. 6) 1999 | 54, 1999 | 5 July 1999 | Sch 4 (items 1-5): 5 July 1999 (s 2(1)) | Sch 4 (item 5) |
Corporations (Repeals, Consequential and Transitional) Act 2001 | 55, 2001 | 28 June 2001 | 4-14 and Sch 3 (item 26): 15 July 2001 (s 2(3)) | |
New Business Tax System (Capital Allowances--Transitional and Consequential) Act 2001 | 77, 2001 | 30 June 2001 | Sch 2 (items 1-9, 488(1)): 30 June 2001 (s 2(1)) | Sch 2 (item 488(1)) |
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 | 101, 2006 | 14 Sept 2006 | Sch 2 (items 2, 3) and Sch 6 (items 1, 6-11): 14 Sept 2006 (s 2(1) items 2, 4) | Sch 6 (items 1, 6-11) |
Tax Laws Amendment (2006 Measures No. 6) Act 2007 | 4, 2007 | 19 Feb 2007 | Sch 2 (item 24): 14 Sept 2006 (s 2(1) item 4) | -- |
Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 | 8, 2008 | 20 Mar 2008 | Sch 1 (item 260): 28 Mar 2008 (s 2(1) item 2) | -- |
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | 54, 2009 | 25 June 2009 | Sch 10 (items 1, 2): 1 July 2009 (s 2(1) item 32) | -- |
5, 2011 | 22 Mar 2011 | Sch 5 (items 5, 223-254): 19 Apr 2011 (s 2(1) item 13) | -- | |
46, 2011 | 27 June 2011 | Sch 2 (item 60) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) | |
Statute Stocktake Act (No. 1) 2011 | 100, 2011 | 15 Sept 2011 | Sch 1 (item 1): 16 Sept 2011 (s 2) | -- |
136, 2012 | 22 Sept 2012 | Sch 6 (items 1, 2): 22 Sept 2012 (s 2(1) item 37) | -- | |
62, 2014 | 30 June 2014 | Sch 7 (item 97) and Sch 14: 1 July 2014 (s 2(1) item s 6, 14) | Sch 14 | |
as amended by |
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|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 2 (item 49): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
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|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
4, 2018 | 20 Feb 2018 | Sch 6 (item 27) |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 55, 2001; No 5, 2011; No 62, 2014 |
s 6..................... | am No 5, 2011 |
s 7..................... | am No 59, 2016 |
Part 2 |
|
s 11.................... | am No 5, 2011 |
s 12.................... | am No 5, 2011 |
s 13.................... | am No 5, 2011 |
s 14.................... | am No 5, 2011 |
s 16.................... | am No 5, 2011 |
Part 3 |
|
s 20.................... | am No 95, 1998 |
s 23.................... | am No 5, 2011 |
s 24.................... | am No 5, 2011 |
s 25.................... | am No 5, 2011 |
s 26.................... | am No 5, 2011 |
Part 4 |
|
s 30.................... | am No 30, 1997; No 5, 2011 |
s 31.................... | am No 5, 2011 |
Part 5 |
|
s 33.................... | am No 5, 2011 |
Part 6 |
|
s 34.................... | am No 5, 2011 |
s 36.................... | am No 5, 2011 |
s 37.................... | am No 5, 2011 |
s 38.................... | am No 5, 2011 |
s 39.................... | rep No 100, 2011 |
Part 7 |
|
s 40.................... | am No 5, 2011 |
s 42.................... | am No 5, 2011 |
s 43.................... | am No 5, 2011 |
Part 8 |
|
Division 3 |
|
s 48A................... | ad No 16, 1998 |
| am No 77, 2001; No 101, 2006 |
s 49.................... | rep No 101, 2006 |
s 49A................... | ad No 16, 1998 |
| am No 54, 1999 |
| rep No 101, 2006 |
s 49B................... | ad No 77, 2001 |
| am No 4, 2007; No 5, 2011 |
s 50.................... | rep No 101, 2006 |
s 50A................... | ad No 16, 1998 |
| rep No 101, 2006 |
s 50B................... | ad No 77, 2001 |
| am No 5, 2011 |
s 51.................... | rep No 101, 2006 |
s 51A................... | ad No 16, 1998 |
| rep No 101, 2006 |
s 51B................... | ad No 77, 2001 |
| am No 5, 2011 |
s 52.................... | rep No 101, 2006 |
s 52A................... | ad No 16, 1998 |
| am No 77, 2001; No 5, 2011 |
s 53.................... | rep No 101, 2006 |
s 54.................... | rep No 101, 2006 |
s 54A................... | ad No 121, 1997 |
s 55.................... | am No 16, 1998; No 77, 2001; No 46, 2011 |
s 56.................... | rep No 4, 2018 |
Part 9 |
|
Division 2 |
|
s 58.................... | am No 5, 2011 |
Division 3 |
|
s 59.................... | am No 60, 1996; No 8, 2008; No 54, 2009 |
Part 10 |
|
Division 2 |
|
span>s 69.................... | am No 5, 2011 |
s 70.................... | rep No 100, 2011 |
Division 3 |
|
s 76.................... | am No 5, 2011 |
s 77.................... | am No 5, 2011 |
s 78.................... | rep No 100, 2011 |
Part 13 |
|
s 84.................... | am No 5, 2011 |
Part 14.................. | rep No 136, 2012 |
s 94.................... | rep No 136, 2012 |
Schedule 4................ | rep No 136, 2012 |