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Airports Act 1996
5Definitions
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#### 5 Definitions
(1) In this Act, unless the contrary intention appears:
> ACCC means the Australian Competition and Consumer Commission.
> agreement means any agreement, whether formal or informal and whether express or implied.
> aircraft means a machine or craft that can derive support in the atmosphere from the reactions of the air.
> aircraft movement means:
(a) the landing of an aircraft at an airport; or
(b) the taking off of an aircraft from an airport.
> airline means a person who carries on a commercial air transport enterprise that involves offering or operating scheduled or chartered air services.
> airport means an airport in Australia.
> airport capacity declaration has the meaning given by section 195.
> airport lease:
(a) means a lease of the whole or a part of an airport site, where the Commonwealth is the lessor; and
(b) when used in relation to an airport—means a lease of the whole or a part of the airport site of the airport, where the Commonwealth is the lessor.
> airport‑lessee company means a company that holds an airport lease.
> airport‑management agreement has the meaning given by section 33.
> airport‑management company means a company that is a party to an airport‑management agreement with an airport‑lessee company.
> airport‑operator company means an airport‑lessee company or an airport‑management company.
> airport plan for Sydney West Airport means a plan under Division 4A of Part 5.
> airport site means a place that is:
(a) declared by the regulations to be an airport site; and
(b) a Commonwealth place; and
(c) used, or intended to be developed for use, as an airport (whether or not the place is used, or intended to be developed for use, for other purposes).
> Note: The boundaries of an airport site are ascertained in accordance with the regulations.
> Airside Vehicle Control Handbook for an airport has the meaning given by subsection 172(2).
> ancillary development has the meaning given by section 96L.
> approved auditor has the meaning given by section 144.
> associated site for Sydney West Airport has the meaning given by section 96L.
> Australia, when used in a geographical sense, includes the external Territories.
> Australian Noise Exposure Forecast, for an airport, means an Australian Noise Exposure Forecast endorsed in the manner approved by the Minister.
> building activities has the meaning given by subsection 98(1).
> business day, in relation to an airport, means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in:
(i) the place where the airport is situated; or
(ii) the Australian Capital Territory; or
(d) 27, 28, 29, 30 or 31 December.
> Commonwealth place means:
(a) a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; or
(b) a place in a Territory, where the place is owned by the Commonwealth.
> company means a body corporate.
> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
> constructing has the meaning given by subsection 89(2A).
> core regulated airport has the meaning given by section 7.
> declared capacity, in relation to an airport, has the meaning given by section 195.
> Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
> demand management scheme has the meaning given by section 201.
> draft master plan means a draft master plan under Division 3 of Part 5.
> engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
> Environment Minister means the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999.
> environment strategy means an environment strategy in a draft or final master plan.
> Federal Court means the Federal Court of Australia.
> final master plan means a final master plan under Division 3 of Part 5.
> Infrastructure Minister means the Minister who administers this Act.
> interest, in relation to an airport lease, means a right or interest, whether legal or equitable, in the airport lease, by whatever term called, and includes an option to acquire such a right or interest in the airport lease, but to avoid doubt, does not include, and is taken never to have included:
(a) a sublease; or
(b) a licence; or
(c) an easement or other incorporeal hereditament; or
(d) a restrictive covenant.
> international air transport means air transport between a place in Australia and a place outside Australia.
> interstate air transport includes air transport between a State and a Territory or between 2 Territories.
> joint‑user airport has the meaning given by section 7B.
> lender, in relation to a loan security, means the person who is entitled to enforce the security.
> lending money includes providing non‑equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money.
> loan security means a security held solely for the purposes of a moneylending agreement.
> major airport development has the meaning given by section 89.
> major development plan means a major development plan under Division 4 of Part 5.
> moneylending agreement means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business.
> pair of airport‑operator companies has the meaning given by section 49.
> qualified company means a company that:
(a) is a constitutional corporation; and
(b) is incorporated, or taken to be incorporated, under the Corporations Act 2001; and
(c) has a share capital.
> quality of service matter has the meaning given by subsection 156(7).
> scheme means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
> sensitive development has the meaning given in section 71A.
> significant ANEF levels means a noise above 30 ANEF levels.
> State includes:
(a) the Australian Capital Territory; and
(b) the Northern Territory.
> Sydney West Airport completion day has the meaning given by section 112B.
> this Act includes the regulations.
> unacceptable airline‑ownership situation has the meaning given by section 44.
> unacceptable cross‑ownership situation has the meaning given by section 50.
> unacceptable foreign‑ownership situation has the meaning given by section 40.
> Note: The Schedule sets out definitions of expressions used in Part 3 (which deals with ownership restrictions).
> vehicle has the meaning given by subsection 172(2).
(2) For the purposes of paragraph (a) of the definition of airport site, if the identification number for a certificate of title for a place is changed, without the boundaries of the place being changed, a reference in this Act or the regulations to the identification number includes a reference to the identification number as changed.