5Definitions

#### 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.