41Directions to Corporation

##### 41 Directions to Corporation (1) Except as provided by this section or as otherwise expressly provided by this Act, the Corporation is not subject to direction by or on behalf of the Commonwealth Government. (1A) The Minister may, by notice in writing to the Board, give directions to the Corporation with respect to the performance of its functions, or the exercise of its powers, if the Minister is satisfied that the directions would be likely to facilitate any or all of the following: (a) the implementation of the Airports (Transitional) Act 1996; (b) preparatory work associated with the implementation of the Airports Act 1996; (c) matters relating to the leasing, or proposed leasing, of an airport (within the meaning of the Airports (Transitional) Act 1996) that was or is a Federal airport or a Federal airport development site, including matters relating to the transfer, or proposed transfer, of responsibility for such an airport to an airport‑lessee company (within the meaning of the Airports (Transitional) Act 1996). (2) Subject to subsection (5), where the Minister is satisfied that it is desirable in the public interest to do so, the Minister may, by notice in writing to the Board, give directions to the Corporation with respect to the performance of its functions or the exercise of its powers. (3) The Corporation shall comply with any direction under subsection (1A) or (2). (4) Where the Minister gives a direction to the Corporation under subsection (1A) or (2), particulars of the direction shall be included in the annual report of the Corporation. (5) The Minister is not entitled to direct the Corporation to: (a) upgrade a Federal airport; (b) establish, maintain or operate a facility, or a service, at, or in relation to, a Federal airport or Federal airport development site; or (c) continue to maintain or operate a facility, or service, at, or in relation to, a Federal airport or Federal airport development site; for the purpose of meeting the requirements of a particular area, unless the Minister has: (d) caused an inquiry, in such form as he or she thinks appropriate, to be held into: (i) whether the requirements of that area could be met by the provision of an aerodrome, facility or service, by a person or persons other than the Corporation; and (ii) where the requirements of that area could be so met: (A) whether the Commonwealth could be required to provide financial or other assistance in connection with the provision of the aerodrome, facility or service by the other person or persons; and (B) if the Commonwealth could be required to provide such assistance—the nature, and the cost to the Commonwealth, of the assistance; (e) given the Board a copy of the results of the inquiry; and (f) caused a copy of those results to be laid before each House of the Parliament within 15 sitting days of that House after complying with paragraph (e). > Note: This section does not affect the application of the Commonwealth Authorities and Companies Act 1997 to the Corporation.