Document ID: chunk:federal_register_of_legislation:C2024C00680:section:250
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 250
Character Range: 324295–326555

250  Access to airports for defence‑related purposes and for emergency or disaster relief
 (1) The Minister may, by written notice given to an airport‑operator company for an airport:
 (a) require that access be given to specified kinds of airport services for specified kinds of defence‑related purposes; or
 (b) require that priority of access be given to specified kinds of airport services for specified kinds of defence‑related purposes.
 (2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.
 (3) Subject to section 251, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.
 (4) A company must comply with a notice given to it under subsection (1).
 (5) A contravention of subsection (4) is not an offence. However, a contravention of subsection (4) is a ground for obtaining an injunction under Part 15.
 (6) In addition to other methods of giving a notice to a company, a notice under subsection (1) may be given to a company by fax.
 (7) In addition to its effect apart from this section, this section has the effect it would have if each reference to an airport‑operator company were, by express provision, confined to an airport‑operator company that is a constitutional corporation.
 (8) In this section:
airport service means a service provided at an airport, if the service is necessary for the purposes of operating or maintaining civil aviation services at the airport, and includes the use of facilities at the airport for those purposes.
defence‑related purposes means a purpose related to any of the following:
 (a) the defence of Australia;
 (b) the operation of the Australian Defence Force in connection with the defence of Australia;
 (c) the operation of an aircraft owned by the armed forces of a foreign country, where that operation is in accordance with an arrangement approved by the Australian Defence Force;
 (d) the management of an emergency or a disaster (whether natural or otherwise), including the management of an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates where that management involves the Australian Defence Force.