Airport Authorities Act 1966

1: Short Title
This Act may be cited as the Airport Authorities Act 1966.
2: Interpretation
1: In this Act, unless the context otherwise requires,— aircraft and freight activities
a: the provision within a security area or areas of the relevant airport, of any 1 or more of the following:
i: hangars:
ii: facilities and services for the refuelling of aircraft, flight catering, and waste disposal:
iii: facilities and services for the storing of freight:
iv: security, customs, and quarantine services for freight:
b: the holding of any facilities and assets (including land) acquired or held to provide aircraft and freight activities in the future (whether or not used for any other purpose in the meantime) airfield activities
a: the provision of any 1 or more of the following:
i: airfields, runways, taxiways, and parking aprons for aircraft:
ii: facilities and services for air traffic and parking apron control:
iii: airfield and associated lighting:
iv: services to maintain and repair airfields, runways, taxiways, and parking aprons for aircraft:
v: rescue, fire, safety, and environmental hazard control services:
vi: airfield supervisory and security services:
b: the holding of any facilities and assets (including land) acquired or held to provide airfield activities in the future (whether or not used for any other purpose in the meantime) airport airport authority section 3 airport company Companies Act 1993 section 3(3) charge debt security section 8 equity security section 8 identified airport activities
a: airfield activities:
b: aircraft and freight activities:
c: specified passenger terminal activities lease local authority Local Government Act 2002 Minister Minister of Transport security area Director section 84 specified airport company ( see specified passenger terminal activities
a: the provision, within a security area or security areas of the relevant airport, of any 1 or more of the following:
i: passenger seating areas, thoroughfares, and airbridges:
ii: flight information and public address systems:
iii: facilities and services for the operation of customs, immigration, and quarantine checks and control:
iv: facilities for the collection of duty-free items:
v: facilities and services for the operation of security and Police services:
b: any activities undertaken (including the facilities and services provided) in a passenger terminal to enable the check-in of aircraft passengers, including services for baggage handling:
c: the holding of any facilities and assets (including land) acquired or held to provide specified passenger terminal activities in the future (whether or not used for any other purpose in the meantime);— but does not include the provision of any space for retail activities substantial customer section 2A
2: An order made for the purpose of the definition of specified airport company in subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) aircraft and freight activities inserted 26 November 1997 section 2 Airport Authorities Amendment Act 1997 Section 2(1) airfield activities inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(1) airport company replaced 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) airport company amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) charge inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(1) debt security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) equity security replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) identified airport activities inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(1) lease inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(1) local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Minister replaced 20 July 1973 Ministry of Transport Amendment Act 1973 Section 2(1) Minister amended 1 September 1990 section 102(1) Civil Aviation Act 1990 Section 2(1) security area inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(1) security area amended 10 August 1992 section 46(3) Civil Aviation Amendment Act 1992 Section 2(1) specified airport company inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(1) specified airport company amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) specified passenger terminal activities inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(1) substantial customer inserted 26 November 1998 section 2 Airport Authorities Amendment Act 1997 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Meaning of substantial customer
1: For the purposes of this Act, substantial customer
2: A person is deemed to be a substantial customer of an airport company for the purposes of this Act if—
a: that person has been authorised in writing to represent, and exercise the powers of a substantial customer under this Act in relation to, a number of persons that in aggregate paid, or were liable to pay, that airport company in relation to identified airport activities in the airport company's last accounting period an amount that exceeded 5% of the revenue paid or payable to that airport company during that accounting period in relation to those activities; and
b: that person has produced those authorisations to that airport company for inspection by it; and
c: those authorisations have not been withdrawn.
3: A person who is deemed to be a substantial customer under subsection (2) may exercise all the powers of a substantial customer under this Act and any regulations made under this Act and must be treated in all respects as if that person were a substantial customer. Section 2A inserted 26 November 1998 section 3 Airport Authorities Amendment Act 1997
3: Airport authorities may establish and carry on airports
1: Any local authority, with the prior consent of, and in accordance with any conditions prescribed by, the Governor-General by Order in Council, may establish, improve, maintain, operate, or manage airports (including the approaches, buildings, and other accommodation, and equipment and appurtenances for any such airports) and may acquire land for any such purpose either within or without its district or region
2: Any local authority empowered to carry out any undertaking under this section may carry on or cause to be carried on in connection therewith any subsidiary business or undertaking.
3: The powers conferred on local authorities by this section may, with the prior consent of, and in accordance with conditions prescribed by the Governor-General by Order in Council, be exercised by any person or association of persons referred to in the Order in Council.
4: Any Order in Council under this section may be at any time in like manner amended or revoked.
5: An order under this section is secondary legislation ( see Part 3
5: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 3(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 3(5) repealed 1 July 1998 section 16(1) Local Government Amendment Act (No 3) 1996
3A: Powers of Crown and local authorities
1: Notwithstanding any other enactment or rule of law—
a: the Minister for State-Owned Enterprises
b: any local authority; and
c: any local authorities, jointly; and
d: those Ministers (on behalf of the Crown) and any local authority or local authorities, jointly— may form a company that is, or is intended to become, an airport company; and may subscribe for, hold, acquire, and dispose of any equity securities or debt securities issued by any such company.
2: Nothing in subsection (1) limits the persons who may subscribe for, hold, acquire, or dispose of any equity securities or debt securities issued by a company that is, or is intended to become, an airport company.
3:
4: The Minister of Finance may from time to time, from a Crown Bank Account
5: The Minister for State-Owned Enterprises
6: Notwithstanding any other enactment or rule of law, the Crown or any local authority may transfer to an airport company, on such terms and conditions as the Crown or local authority thinks fit, the business or undertaking of any airport authority, and any real or personal property owned by the Crown or local authority which at the time of transfer is being used for the purposes of an airport or is held for future use for the purposes of an airport.
6A: Nothing in sections 40 to 42 sections 40 41
7: Subject to subsection (7A), if Reserves Act 1977
a: it may be so transferred without complying with that Act; and
b: on that transfer occurring the land shall no longer be subject to that Act.
7A: A local authority cannot transfer to an airport company land that was vested in the local authority under the Reserves Act 1977
a: the Minister has given his or her written consent to the local authority transferring the land to the airport company and the local authority has given a copy of that consent to the Registrar-General of Land; or
b: the Chief Surveyor of the land district within which the land is situated has given a written certificate that the vesting of the land in the local authority was not done by the Crown and the local authority has given a copy of that certificate to the Registrar-General of Land.
7B: In considering whether to give consent for the purposes of subsection (7A)
7C: Neither this Act, nor the Reserves Act 1977
8: A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that any land described in the certificate, or described in any document on which the certificate appears, is land to which subsection (7) applies shall be sufficient evidence, in the absence of proof to the contrary, that that subsection applies to the land. Section 3A inserted 18 December 1986 Airport Authorities Amendment Act 1986 Section 3A(1)﻿(a) amended 1 February 1998 section 2(1) Airport Authorities Amendment Act 1996 Section 3A(2) replaced 12 September 1990 section 27 Finance Act (No 2) 1988 Section 3A(3) repealed 12 September 1990 section 27 Finance Act (No 2) 1988 Section 3A(4) amended 1 July 1989 section 83(7) Public Finance Act 1989 Section 3A(5) amended 1 February 1998 section 2(2) Airport Authorities Amendment Act 1996 Section 3A(6A) inserted 10 August 1992 section 39 Civil Aviation Amendment Act 1992 Section 3A(7) amended 26 September 2000 section 4(1) Airport Authorities Amendment Act 2000 Section 3A(7A) inserted 26 September 2000 section 4(2) Airport Authorities Amendment Act 2000 Section 3A(7B) inserted 26 September 2000 section 4(2) Airport Authorities Amendment Act 2000 Section 3A(7C) inserted 26 September 2000 section 4(2) Airport Authorities Amendment Act 2000
3AA: Provisions relating to holding of securities by Minister
1: Equity securities and debt securities issued by an airport company and held in the name of a person described as the Minister for State-Owned Enterprises or the Minister of Finance shall be held by the person for the time being holding the office of Minister for State-Owned Enterprises or Minister of Finance, as the case may be.
2: Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of securities upon a change in the person holding the office of Minister or Minister of Finance, as the case may be.
3: A Minister may at any time or times, by written notice to an airport company authorise, on such terms and conditions as are specified in the notice, such person as the Minister thinks fit to act as the Minister's representative at any or all of the meetings of shareholders of the airport company or of any class of such shareholders, and any person so authorised shall be entitled to exercise the same powers on behalf of the Minister as the Minister could exercise if present in person at the meeting or meetings. Section 3AA inserted 10 August 1992 section 39 Civil Aviation Amendment Act 1992 Section 3AA(1) replaced 1 February 1998 section 3 Airport Authorities Amendment Act 1996
3B: Accounts and annual report
Section 3B repealed 1 July 2000 section 5 Airport Authorities Amendment Act 1996
3BA: Airport companies to disclose aircraft related charges
Every airport company shall, whenever requested to do so by any person, disclose to that person the current aircraft related charges (including landing charges) fixed by the company. Section 3BA inserted 1 September 1990 section 101(3) Civil Aviation Act 1990
3C: Powers of airport companies under Companies
Act 1993 Except as provided in section Companies Act 1993 Section 3C replaced 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 3C heading amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 3C amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 3C amended 1 July 2000 section 6 Airport Authorities Amendment Act 1996
3CA: Application of Companies Act 1955 to airport companies
Section 3CA repealed 5 December 2013 section 14 Companies Amendment Act 2013
3D: Airports operated by airport authorities which are not local authorities to be public works, etc
An airport operated or managed by an airport authority which is not a local authority shall—
a:
b: for the purposes of the Public Works Act 1981 Section 3D inserted 18 December 1986 Airport Authorities Amendment Act 1986 Section 3D(a) repealed 1 October 1991 section 362 Resource Management Act 1991
4: Additional powers of airport authorities
1: In the exercise of its powers under section 3
a: improve, maintain, operate, or manage an airport, whether or not the airport was established under this Act:
b: improve, maintain, operate, or manage an airport which has been added to, improved, or reconstructed by Her Majesty, or by some other authority, body, or person since the establishment of the airport:
c: establish, improve, maintain, operate, or manage an airport on any land, whether or not the land is wholly or partly owned by the airport authority:
d: improve, add to, alter, or reconstruct any airport or any part of an airport maintained or operated by the airport authority:
e: establish, operate, or manage, or cause to be established, operated, or managed at airports, refreshment rooms, book stalls, booking offices, travel agencies, and such other facilities as may be considered necessary:
f: enter into and carry out any agreement or arrangement necessary for the exercise of any power or function conferred on the airport authority by this Act.
2: Every airport company may—
a: borrow such amounts of money on such terms and conditions and from such persons as it from time to time thinks fit; and
b: acquire, hold, and dispose of such real and personal property as it from time to time thinks fit.
3: Every airport operated or managed by an airport authority must be operated or managed as a commercial undertaking. Section 4 replaced 26 November 1998 section 4(1) Airport Authorities Amendment Act 1997
4A: Charges
1: Subject to section 4B section 38 section 100
2: Any charges set under this section may be charged to persons or classes of persons owning or operating aircraft, or to persons or classes of persons using or otherwise enjoying the benefit of the airport, services, or facilities, or to any other persons.
3: Nothing in section 43
4: This section does not limit the application of regulation under Part 4 Section 4A inserted 26 November 1998 section 4(1) Airport Authorities Amendment Act 1997 Section 4A(4) inserted 14 October 2008 section 32(2) Commerce Amendment Act 2008
4B: Airport companies must consult concerning charges
1: Every airport company must consult with every substantial customer in respect of any charge payable by that substantial customer to the airport company in respect of any or all identified airport activities—
a: before fixing or altering the amount of that charge; and
b: within 5 years after fixing or altering the amount of that charge.
2: Every airport company must consult with every substantial customer in respect of any direct charge payable to the airport company by any passenger in respect of any or all identified airport activities—
a: before fixing or altering the amount of that charge; and
b: within 5 years after fixing or altering the amount of that charge.
3: Notwithstanding subsections (1) and (2) Section 4B inserted 26 November 1998 section 4(1) Airport Authorities Amendment Act 1997
4C: Specified airport companies must consult concerning capital expenditure plans
1: In this section,— identified assets identified capital expenditure related capital expenditure
2: A specified airport company must not approve any identified capital expenditure if the amount of that identified capital expenditure (and the amount of any related capital expenditure) will, or is likely to, within the following 5 years exceed an amount which is equal to 20% of the value of the identified assets of that airport company at the commencement of the then current accounting period unless that airport company has consulted with all its substantial customers in respect of that capital expenditure (and all related capital expenditure).
3: A specified airport company is not required to consult under subsection (2) in respect of identified capital expenditure (or any related capital expenditure) with a substantial customer who has consented in writing (and not withdrawn that consent) to not being consulted under this section in respect of that identified capital expenditure and any related capital expenditure. Section 4C inserted 26 November 1998 section 4(1) Airport Authorities Amendment Act 1997
5: Airport authority may act in conjunction with Ministers of Crown and other authorities
1: Any airport authority
2: Any agreement under subsection (1)
a: for any party to the agreement to undertake or be responsible for the carrying out of the undertaking to which the agreement relates, and to enter into contracts in connection therewith:
b: for the acquisition by any party to the agreement of any land required for the undertaking:
c: for any such land, or any part thereof, or any property acquired in connection with the undertaking to be vested in any party to the agreement:
d: for the management, control, or maintenance of the undertaking, or any part thereof, to be vested in any party to the agreement:
e: for the apportionment or allocation of the cost of any work in connection with the undertaking, or of any surplus or deficit arising from the operation and management of the undertaking, between the parties to the agreement:
f: for the payment by any party to the agreement of his share of the cost of the undertaking either in one sum or by instalments spread over any period or by yearly or other payments as and when the costs are ascertained:
g: for the payment by any party to the agreement in respect of money payable by that party under the agreement of interest at such rate as may be agreed upon between the parties or, in default of agreement, at such rate as the Minister of Finance approves in that behalf:
h: for the giving by any party to the agreement of security for the payment of any money payable by that party under the agreement:
i: for the setting aside out of the revenue of the undertaking, or for the payment by any party to the agreement, of such money as may be agreed upon to form a fund for the repair, renewal, replacement, or improvement of any property acquired in connection with the undertaking or for the purpose of purchasing additional property in connection with the undertaking:
j: for the setting up of a joint committee to control and manage the airport and providing for the constitution, functions, and powers of any such committee:
k: for such other terms and conditions as may be agreed upon for the purpose of giving effect to the carrying out and general management of the undertaking.
3: Where in the opinion of the Minister of Finance and the Minister section 224
4: If default is made by an airport authority for more than 14 days in the payment of any amount due by it under an agreement entered into under this section, the amount in respect of which default has been made together with interest at such rate as may be prescribed in the agreement or, if no rate is prescribed, at such rate as the Minister of Finance approves shall be recoverable as a debt due by the airport authority to the party to whom the amount is payable under the agreement.
5: A certificate under the hand of the Controller and Auditor-General shall, until the contrary is proved, be sufficient evidence of the amount in respect of which default has been made as aforesaid and of the date on which it was payable.
6: Any money set aside or paid for any purpose referred to in paragraph (i) of subsection (2) may be applied for any such purpose or for such other purposes as may be approved by the parties to the agreement and any such money may be invested and the proceeds of the investment applied in such manner as may be agreed upon by those parties. Section 5(1) amended 1 April 1988 Airport Authorities Amendment Act 1988 Section 5(1) amended 18 December 1986 Airport Authorities Amendment Act 1986 Section 5(3) amended 1 April 1988 Airport Authorities Amendment Act 1988 Section 5(3) amended 1 February 1982 section 248(1) Public Works Act 1981
6: Leasing powers of airport authorities
1: Any airport authority may grant a lease of all or any part of any land, buildings, or installations vested in the airport authority for any purpose that will not interfere with the safe and efficient operation of the airport.
2: Leases under subsection (1) provided that no lessee shall erect or make structural alterations to any building or other installation without first obtaining the approval in writing of the airport authority and in no case shall that authority give its approval if the erection or structural alteration of a building or installation will interfere with the use and enjoyment of the land as an airport.
3: If at any time during the term of any such lease the property demised or any part thereof is required by the airport authority for the purposes of the airport, the airport authority may terminate the lease as to the whole of the demised property or as to so much thereof as is required as aforesaid.
4: No action shall lie in any court for the payment of damages or compensation in respect of the termination of any lease under subsection (3) except an action for the payment of compensation provided for in the lease in accordance with this section.
5: Any such lease may contain a provision requiring the airport authority to pay to the lessee on the termination of the lease under subsection (3) compensation for improvements effected by the lessee during the term of the lease.
6: Compensation for improvements effected by the lessee shall be such amount as may be agreed upon between the parties or, failing agreement, be such amount as may be determined by arbitration under the Arbitration Act 1996
7: In the exercise of any of the powers conferred by this section, any airport authority shall ensure that the granting of any lease, or the erection, alteration, or removal of any building, equipment, or appurtenances under any lease, or the construction of any road or access-way, or the subdivision of any land for the purposes of this section, shall not affect the safe operation of aircraft on or over the airport and, in this respect, shall consult with and have regard to the directions of the Civil Aviation Authority of New Zealand
8: The provisions of Parts 8 to 12 Part 21 section 11 Part 10
9: Section 6(6) amended 1 July 1997 section 18 Arbitration Act 1996 Section 6(7) amended 1 February 1998 section 7 Airport Authorities Amendment Act 1996 Section 6(8) replaced 23 July 1993 Airport Authorities Amendment Act 1993 Section 6(8) amended 1 July 2003 section 262 Local Government Act 2002 Section 6(9) repealed 26 November 1998 section 5 Airport Authorities Amendment Act 1997
7: Local authorities may assist airport authorities
Subject to the provisions of this section, any local authority may, for the purpose of assisting airport authorities in the exercise of their powers and functions as such,—
a: make grants of money, loans, or grant leases of land at such rental, for such term, and on such terms and conditions as it thinks fit, to any airport authority which is a local authority:
b: with the prior approval of the Minister of Internal Affairs, make grants of money, loans, or grant leases of land at such rental, for such term, and on such terms and conditions as it thinks fit, to any airport authority which is not a local authority.
8: Financial provisions
Section 8 repealed 1 July 1998 section 16(1) Local Government Amendment Act (No 3) 1996
9: Bylaws
1: Any local authority or airport authority may, in respect of the airport which it operates, make such bylaws as it thinks fit for all or any of the following purposes:
a: the good rule and management of the airport:
b: the more effectual carrying out of the functions and powers of the airport authority in respect of the airport:
c: protecting any property used in connection with the airport from damage or injury:
d: prescribing precautions to be taken for the protection of persons or property from accident or damage:
e: regulating traffic, whether pedestrian or vehicular, and the provision and use of parking places for vehicles at the airport:
f: prescribing the times, terms, and conditions upon which the public may enter or be in or upon the airport:
ff: providing for the establishing and maintaining of facilities at the airport for the reception and storage of lost property, and, after publicising the sale in what the authority considers to be a fair and reasonable manner provided that in the case of lost property which is perishable or valueless the bylaws may provide for the disposal of the property in such manner as may be determined by the authority:
g: prescribing charges for the use of parking spaces for vehicles or for the admission of members of the public to the airport or to any land adjacent to the airport owned or controlled by the airport authority:
h: prescribing charges for the use of the airport or any part thereof for air pageants, sports meetings, and such other matters in respect of which no charge is prescribed by regulations under the Civil Aviation Act 1990
i: prescribing charges in respect of the commercial use of any part of the airport, including the delivery of goods to or from the airport and the provision of services at the airport, in respect of which no charge is prescribed under the Civil Aviation Act 1990
ia: prescribing charges in respect of aviation security services provided at the airport, in respect of which no charge is prescribed under the Civil Aviation Act 1990
j: generally for the administration of the airport, or for the control of trading activities thereon or for the management of any business ancillary thereto that may be carried on pursuant to this Act: provided that an airport authority which is an airport company shall not have the power to make bylaws for the purposes set out in paragraphs (g) to (j)
1A: Subject to any direction given by the Auditor-General
2: The power conferred by this section to prescribe charges for admission to any premises shall not be limited by the provisions of the Reserves Act 1977
3: All bylaws made by a local authority under this section shall be made in accordance with the Act under which the local authority is constituted and, except as otherwise provided by this section, the provisions of that Act shall apply accordingly in respect of any such bylaws.
4: A bylaw made under this section by a local authority shall not have any force or effect until it has been approved by the Minister.
4A:
5: A bylaw made under this section by an airport authority which is not a local authority shall not have any force or effect until it has been approved by the Governor-General by Order in Council.
6: An order under subsection (5)—
a: must set out the approved bylaw in a schedule of the order; and
b: is secondary legislation ( see Part 3
7: For the purposes of the Land Transport Act 1998 section 22AB
8: Every person who commits a breach of any bylaw in force under this section is liable on
9: Where a person commits a continuing breach of any bylaw, then, notwithstanding anything in any other Act, the District Court
10: An injunction may be granted under subsection (9),—
a: notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
b: where the person is convicted of such an offence, either,—
i: in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
ii: in subsequent proceedings. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(1)﻿(ff) inserted 13 December 1968 Airport Authorities Amendment Act 1968 Section 9(1)﻿(ff) amended 17 December 2016 section 6 Statutes Amendment Act 2016 Section 9(1)﻿(h) amended 1 February 1998 section 8(1) Airport Authorities Amendment Act 1996 Section 9(1)﻿(i) amended 1 February 1998 section 8(1) Airport Authorities Amendment Act 1996 Section 9(1)﻿(ia) inserted 1 September 1990 section 101(3) Civil Aviation Act 1990 Section 9(1) proviso inserted 18 December 1986 Airport Authorities Amendment Act 1986 Section 9(1A) inserted 13 December 1968 Airport Authorities Amendment Act 1968 Section 9(1A) amended 1 July 2001 section 52 Public Audit Act 2001 Section 9(2) amended 1 April 1978 section 125(1) Reserves Act 1977 Section 9(4) replaced 18 December 1986 Airport Authorities Amendment Act 1986 Section 9(4A) repealed 18 December 1986 Airport Authorities Amendment Act 1986 Section 9(5) replaced 18 December 1986 Airport Authorities Amendment Act 1986 Section 9(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9(7) replaced 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 9(8) inserted 18 December 1986 Airport Authorities Amendment Act 1986 Section 9(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 9(9) inserted 18 December 1986 Airport Authorities Amendment Act 1986 Section 9(9) amended 1 March 2017 section 261 District Court Act 2016 Section 9(10) inserted 18 December 1986 Airport Authorities Amendment Act 1986
9A: Regulations requiring disclosure of information by airport companies
1AAA: This section applies to each of the following airport companies until the end of the last day of the financial year that is referred to in section 56F
a: the company (as defined in section 2
b: the company (as defined in section 2
c: the airport company (as defined in section 2 of this Act
1AAB: After the end of that day, this section does not apply to that company, and references in this section to every airport company are references to every company other than that company.
1: The Governor-General may from time to time, by Order in Council, make regulations for any or all of the following purposes:
a: requiring every airport company, or every airport company of a specified class or classes (and, in particular, every specified airport company), to make publicly available information in relation to its identified airport activities or any of them, or any class or classes of its identified airport activities:
b: requiring every airport company, or every airport company of a specified class or classes (and, in particular, every specified airport company), to complete, within a time prescribed by the regulations, financial statements (in this section referred to as disclosure financial statements disclosure financial forecasts
c: requiring every airport company to make publicly available, in the manner prescribed by these regulations and within the time prescribed by these regulations, any disclosure financial statements and disclosure financial forecasts, that the airport company is required to complete:
d: prescribing the information and other matters that must be included in disclosure financial statements and disclosure financial forecasts:
e: prescribing the certificates and reports that must be prepared in relation to the information, or any specified information, contained in disclosure financial statements and disclosure financial forecasts:
f: prescribing any standard or standards that disclosure financial statements and disclosure financial forecasts must comply with:
g: prescribing any methodology or methodologies that must be used in completing disclosure financial statements and disclosure financial forecasts:
h: enabling the making of guidelines by a person or persons specified by the regulations in relation to the completion of, or the use of any methodology or methodologies (including, without limitation, any methodologies relating to the valuation of assets) in, disclosure financial statements and disclosure financial forecasts:
i: providing that compliance with the guidelines is deemed to constitute compliance with the relevant requirements of the regulations:
j: prescribing the certificates, reports, and statutory declarations that must be prepared in relation to disclosure financial statements and disclosure financial forecasts or in relation to statements, forecasts, reports, agreements, particulars and information supplied to the Secretary for Transport under section 9C
k: exempting, or providing for the exemption (in accordance with prescribed criteria and after such public notification as is prescribed) of, any person or persons, or any class or classes of persons, from all or any of the requirements of the regulations.
2: Regulations made under subsection (1)
a: different classes of airport company (and, in particular, in relation to specified airport companies); and
b: the disclosure financial statements and disclosure financial forecasts of different classes of airport company (and, in particular, of specified airport companies).
3: No guidelines are permitted to be made pursuant to regulations made under subsection (1)﻿(h) except after consultation with such persons, representative groups within the aviation industry or elsewhere, substantial customers of airport companies, government departments, and Crown agencies as the person or persons making the guidelines think appropriate.
4: Regulations under this section are secondary legislation ( see Part 3
5: If the regulations under subsection (1)﻿(h) enable the making of guidelines by specified persons,—
a: the guidelines are secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect.
6: If the regulations under subsection (1)﻿(k) authorise a person to grant exemptions,—
a: an exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) and (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) and (6)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9A inserted 26 November 1998 section 6 Airport Authorities Amendment Act 1997 Section 9A(1AAA) inserted 14 October 2008 section 32(3) Commerce Amendment Act 2008 Section 9A(1AAB) inserted 14 October 2008 section 32(3) Commerce Amendment Act 2008 Section 9A(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9A(6) inserted 28 October 2021 regulation 89 Legislation Act (Amendments to Legislation) Regulations 2021
9B: Validity of certain arrangements not affected by failure to consult on capital expenditure
A failure by a specified airport company to comply with section 4C Section 9B inserted 26 November 1998 section 6 Airport Authorities Amendment Act 1997
9C: Information to be supplied to Secretary for Transport
1: Every airport company that is required by regulations made under section 9A
a: must supply to the Secretary for Transport, within 30 days after the day on which any such statement, forecast, or other information is so made available, a copy of that financial statement, financial forecast, or other information:
b: must, if the Secretary for Transport, for the purpose of monitoring the airport company's compliance with those regulations, gives to the airport company a notice in writing requesting further statements, forecasts, reports, agreements, particulars, and other information, supply to the Secretary for Transport, within 30 days after the day on which the request is given to that airport company (or within such additional time as the Secretary for Transport allows) the requested statements, forecasts, reports, agreements, particulars, and other information.
2: All statements, forecasts, reports, agreements, particulars, and information supplied to the Secretary for Transport under paragraph (a) or paragraph (b) of subsection (1) must be verified by statutory declaration in the form prescribed, and by the person or persons prescribed, by regulations made under section 9A(1)﻿(j) Section 9C inserted 26 November 1998 section 6 Airport Authorities Amendment Act 1997
9D: Offences
1: Every person commits an offence against this section who—
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under section 9A
b: fails, without reasonable excuse, to comply with the requirements of section 9C(1)﻿(a)
2: Every person commits an offence against this section who makes a false declaration under section 9C(2)
3: Every person who commits an offence against subsection (1)
4: Every person who commits an offence against subsection (2) Section 9D inserted 26 November 1998 section 6 Airport Authorities Amendment Act 1997 Section 9D(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 9D(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10: Repeals and savings
1: The enactments specified in the Schedule
2: All references to an aviation authority or to a recognised aviation authority in any Act, regulation, rule, bylaw, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act shall, unless the context otherwise requires, be read as references to an airport authority.