(1) For the purposes of Division 43 of the Income Tax Assessment Act 1997 , if:
(a) capital works are situated on land leased under an airport lease; and
(b) there is a pool of construction expenditure for the capital works; and
(c) immediately before the land was transferred from the FAC to the Commonwealth under Part 2 of this Act, the FAC was the owner of the capital works for the purposes of Division 43 of the Income Tax Assessment Act 1997 ;
then, so long as the airport - lessee company concerned continues to hold the airport lease, the airport - lessee company is taken to be the owner of the capital works.
(2) In this section:
"pool of construction expenditure" has the meaning given by section 43 - 85 of the Income Tax Assessment Act 1997 .