Skip to main content

Non-compliance with best practice regulation requirements – Protection of Tripartite Deed for remaining nine federally leased airports – Department of Infrastructure and Transport

On 24 April 2012, the Minister for Infrastructure and Transport announced the decision to offer the protection of Tripartite Deed to the remaining nine federally leased airports on the same terms as the other major airports. Tripartite Deeds clarify the rights of financiers (who lend money to airport operators) in the event an operator of a federally leased airport goes out of business or loses its operating licence.  Under this regime the Commonwealth accepts the risk. This gives financiers confidence to invest and operators certainty to plan for the long term. The nine airports to be offered these deeds are Parafield, Archerfield, Tennant Creek, Camden, Essendon, Mount Isa, Jandakot, Moorabbin, and Hobart. A Regulation Impact Statement was required for this decision because of the competition impacts on business. The competition impacts relate to the airports being given a guarantee or benefit by the Commonwealth that is not necessarily provided to other investors in infrastructure, or other sectors in Australia.  This decision effectively changes investment decisions in the broader economy as the market risk has been altered. The Office of Best Practice Regulation has assessed the proposal as being non-compliant with the Australian Government’s best practice regulation requirements. A post-implementation review is required to be undertaken within one to two years of the implementation of the extension.