Document ID: chunk:federal_register_of_legislation:F2024C00686:reg:8
Version: federal_register_of_legislation:F2024C00686
Segment Type: reg
Provision Reference: reg 8
Character Range: 8972–10742

8  Grounds for refusing to approve the transfer of an airport lease
 (1) This section is made for the purposes of paragraph 24(3)(a) of the Act.
 (2) The Minister may refuse to approve the transfer of an airport lease if the Minister is satisfied that:
 (a) the proposed transferee does not have the financial resources and managerial capabilities necessary to:
 (i) operate and develop the airport over the remainder of the lease period; or
 (ii) provide high‑quality airport services consistently with the sound development of civil aviation; or
 (b) the proposed transfer would, if it took place, be destructive of diversity of ownership of Australian airports; or
 (c) if the proposed transfer takes place:
 (i) the employees of the transferor company will be treated unfairly or inequitably; or
 (ii) the accrued employment benefits of the employees will not be preserved or would otherwise be adversely affected; or
 (d) the proposed transferee will not act responsibly in matters affecting the environment arising from the operation or management of the airport; or
 (e) the proposed transferee will not be responsive to:
 (i) the needs of the region in which the airport is located; or
 (ii) the interests of users of the airport.
 (3) The Minister may also refuse to approve the transfer of an airport lease if the Minister is not satisfied that, on or before the day of the proposed transfer of the airport lease, the transferor has transferred, or will transfer, to the proposed transferee, the transferor's rights, liabilities and obligations relating to the airport lease or airport site under all contracts, or other arrangements, between the Commonwealth and the transferor that are specified in a written notice given to the transferor by the Minister.