43Capital structure of Corporation

##### 43 Capital structure of Corporation (1) In this section, Schedule airport assets means: (a) land forming part of a Schedule airport; or (b) buildings, installations, equipment and stores that: (i) are situated at a Schedule airport; (ii) are owned by the Commonwealth; and (iii) in the opinion of the Minister and the Minister for Finance, will be transferred to the Corporation under section 32. (2) The Minister and the Minister for Finance: (a) shall, as soon as practicable after the day of commencement of this Act, determine: (i) the value, on that day, of the Schedule airport assets; and (ii) the amount that should be taken to be the amount of a loan by the Commonwealth to the Corporation in respect of those assets; (b) where, during the period commencing on the day of commencement of this Act and ending on the transfer day, there is an increase in the value of Schedule airport assets because of an increase in the area of a Schedule airport or the construction or acquisition of property, shall, as soon as practicable, determine: (i) the amount of the increase; and (ii) the amount that, because of the increase, should be the amount (if any) of an increase in the amount determined under subparagraph (a)(ii); (c) where, during the period referred to in paragraph (b), there is a decrease in the value of Schedule airport assets because of a decrease in the area of a Schedule airport or the removal or disposal of property, shall, as soon as practicable, determine: (i) the amount of the decrease; and (ii) the amount that, because of the decrease, should be the amount (if any) of a decrease in the amount determined under subparagraph (a)(ii); (ca) shall, as soon as practicable after the day of commencement of this Act, determine the amount of the liabilities in relation to accrued staff entitlements (including long service leave and annual leave) transferred by the Commonwealth to the Corporation on or before 1 January 1988; (d) where a place becomes, or places become, a Federal airport or part of a Federal airport because of a declaration under subsection 25(1) or 26(1), shall, as soon as practicable after the day on which that declaration had effect, determine: (i) the value, on that last‑mentioned day, of the land, buildings, installations and equipment owned by the Commonwealth at the place or places; (ii) the amount that should be taken to be the amount of a loan (if any) by the Commonwealth to the Corporation in respect of the assets referred to in subparagraph (i); and (iii) the amount of the liabilities in relation to accrued staff entitlements (including long service leave and annual leave) transferred by the Commonwealth to the Corporation in relation to the place or places; (da) where a place becomes, or places become, a Federal airport development site because of a declaration under subsection 26A(1) or paragraph 26B(1)(a), must, as soon as practicable after the day (in this paragraph called the declaration day) on which the declaration had effect, determine: (i) the value, on the declaration day, of the land, buildings, installations and equipment owned by the Commonwealth at the place or places; and (ii) the amount that should be taken to be the amount of a loan (if any) by the Commonwealth to the Corporation in respect of the assets referred to in subparagraph (i); and (iii) the amount of the liabilities in relation to accrued staff entitlements (including long service leave and annual leave) transferred by the Commonwealth to the Corporation in relation to the place or places; (e) where any assets are transferred from the Commonwealth to the Corporation pursuant to section 32 (other than any assets to which a determination under paragraph (a), (b), (d) or (da) applies), shall, as soon as practicable after the day on which the transfer occurred, determine: (i) the value, on that last‑mentioned day, of those assets; and (ii) the amount that should be taken to be the amount of a loan (if any) by the Commonwealth to the Corporation in respect of those assets; and (f) if any asset to which a determination under paragraph (a), (b), (d) or (da) applies will not be transferred from the Commonwealth to the Corporation pursuant to section 32, shall, as soon as practicable, determine: (i) the value of that asset; and (ii) the amount that, because of the non‑transference of the asset, should be the amount (if any) of a decrease in the amount determined under subparagraph (a)(ii), (b)(ii), (d)(ii) or (da)(ii). (3) For the purposes of a determination under subparagraph (2)(a)(ii), (b)(ii), (c)(ii), (d)(ii), (da)(ii), (e)(ii) or (f)(ii), the Minister and the Minister for Finance shall have regard to any matter that they consider relevant. (4) The Minister for Finance shall determine the terms and conditions as to interest and otherwise on which the loans referred to in subsection (2) are made. (5) A determination under this section shall be made in writing.