7Performance of functions of Corporation

##### 7 Performance of functions of Corporation (1) The Corporation may perform the functions conferred on it by this Act (including regulations for the purposes of paragraph 6(c)) to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions for purposes in relation to: (a) trade and commerce with other countries, or among the States; (b) a Territory; (c) external affairs; and (d) a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970. (2) The Corporation shall endeavour to perform its functions in a manner that: (a) is in accordance with the policies of the Commonwealth Government; (b) ensures the safety of persons using airports; (c) ensures that, as far as is practicable, the level of noise at airports is not such as to be detrimental to the communities near airports; (ca) ensures that, as far as is practicable, the environment is protected from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft within the meaning of the Civil Aviation Act 1988) operating to or from Federal airports; (d) ensures that, where land at a Federal airport is to be used for a purpose not directly related to aviation, being land in respect of which a lease, licence or authority has been granted to a person (other than the Commonwealth), the use would, if the land were not in a Federal airport, be allowed by the law of the relevant State or Territory (including laws made by a relevant local government body); (da) ensures that if: (i) land at a Federal airport development site is to be used for a purpose that is not directly related to aviation; and (ii) a lease, licence or authority in respect of the land is granted to a person other than the Commonwealth; the use of the land for that purpose would be allowed by the law of the relevant State or Territory if the land were not in a Federal airport development site; (e) ensures that where a building is to be erected on land at a Federal airport for a purpose not directly related to aviation, being land in respect of which a lease, licence or authority has been granted to a person (other than the Commonwealth), the design and construction of the building would, if the land were not in a Federal airport, be allowed by the law of the relevant State or Territory (including laws made by a relevant local government body); (ea) ensures that if: (i) a building is to be erected on land at a Federal airport development site; and (ii) the building is to be erected for a purpose that is not directly related to aviation; and (iii) a lease, licence or authority has been granted in respect of the land to a person other than the Commonwealth; the design and construction of the building would be allowed by the law of the relevant State or Territory if the land were not in a Federal airport development site; (f) ensures that the Corporation and the communities served by Federal airports are good neighbours; (g) enables the Corporation to earn a reasonable return on the assets used by the Corporation; (h) enables the Corporation to pay reasonable dividends to the Commonwealth in accordance with this Act; and (j) is in accordance with sound commercial practice. (2A) Subsection (2) (other than paragraph (2)(a)) does not apply to the function conferred by paragraph 6(ba). (3) Subsection (2) shall not be read as limiting: (a) any other provisions of this Act; or (b) the responsibilities of the Department, of Airservices Australia or of the Civil Aviation Safety Authority. (4) Subject to any express provisions of this Act to the contrary, this Act shall not be read as implying that the Corporation is not required to comply with the laws of the Commonwealth relating to aircraft or aerodromes. (5) A reference in paragraph (2)(da) or (ea) to a law of a State or Territory includes a reference to laws made by a relevant local government body.