33Airport‑management agreements

#### 33 Airport‑management agreements Approval of airport‑management company (1) The airport‑lessee company for an airport must not enter into an airport‑management agreement in relation to the airport unless the other party to the agreement is both: (a) approved in writing by the Minister; and (b) a qualified company. > Note: Airport‑management agreement is defined by subsection (7). Contravention (2) If a purported agreement contravenes subsection (1), it is of no effect. Breach of ownership restrictions (3) The Minister must not approve a company under subsection (1) if the Minister is satisfied that: (a) an unacceptable foreign‑ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or (b) an unacceptable airline‑ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or (c) both: (i) the company would become a member of a pair of airport‑operator companies in the event that the agreement was entered into; and (ii) an unacceptable cross‑ownership situation in relation to the pair would come into existence in the event that the agreement was entered into. Other grounds for refusing approval (4) If subsection (3) does not apply to the approval of a company under subsection (1), the Minister may only refuse to approve the company on a ground specified in the regulations. Approval of agreement (4A) The airport‑lessee company for an airport must not enter into an airport‑management agreement in relation to the airport unless the agreement is approved in writing by the Minister. > Note: Airport‑management agreement is defined by subsection (7). Contravention (4B) If a purported agreement contravenes subsection (4A), it is of no effect. Criteria for approval (4C) In making a decision under subsection (4A), the Minister must have regard to: (a) the matters specified in the regulations; and (b) such other matters (if any) as the Minister considers relevant. Approval of variation (4D) An airport‑management agreement in relation to the airport must not be varied unless the variation is approved in writing by the Minister. > Note: Airport‑management agreement is defined by subsection (7). Contravention (4E) If a purported variation contravenes subsection (4D), it is of no effect. Criteria for approval (4F) In making a decision under subsection (4D), the Minister must have regard to: (a) the matters specified in the regulations; and (b) such other matters (if any) as the Minister considers relevant. Termination of agreement if contractor ceases to be a qualified company (5) If: (a) a qualified company (the contractor) enters into an airport‑management agreement in relation to an airport; and (b) at a particular time, the contractor ceases to be a qualified company; the agreement terminates at that time. Other means of termination (6) This section does not, by implication, prevent an agreement from being terminated otherwise than under subsection (5). Airport‑management agreement (7) For the purposes of this Act, an airport‑management agreement, in relation to an airport, is an agreement (other than a contract of employment or a prescribed kind of agreement) between: (a) the airport‑lessee company for the airport; and (b) another person; under which the other person (either alone or together with the company and/or one or more other persons) is in a position to exercise control over either or both of the following: (c) the operation of the whole or a substantial part of the airport; (d) the direction to be taken in relation to the development of the whole or a substantial part of the airport. Economic and commercial substance of agreement (8) In determining whether an agreement is an airport‑management agreement, regard must be had to the economic and commercial substance of the agreement. (9) Subsection (8) does not, by implication, limit subsection (7).