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This is a Bill, not an Act. For current law, see the Acts databases.
2004-2005-2006-2007
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Qantas Sale (Keep Jetstar Australian) Amendment Bill 2007
No. , 2007
(Senator Fielding)
A Bill for an Act to protect Jetstar from foreign ownership and ensure jobs and operations stay in Australia, and for related purposes
Contents
A Bill for an Act to protect Jetstar from foreign ownership and ensure jobs and operations stay in Australia, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Qantas Sale (Keep Jetstar Australian) Amendment Act 2007.
2 Commencement
This Act commences on the day after the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1--Amendment of the Qantas Sale Act 1992
1 Section 9 (heading)
Omit "Qantas to maintain a register of shares in which foreign persons have a relevant interest", substitute "Additional obligations of Qantas".
2 At the end of section 9
Add:
(5) Qantas must ensure that:
(a) the head office of Qantas and each associated entity is located in Australia;
(b) the facilities taken in aggregate which are used by Qantas and by any associated entity in the provision of scheduled international air transport services (for example, facilities for the maintenance and housing of aircraft, catering, flight operations, training and administration), located in Australia, when compared with those located in any other country, represent the principal operational centre for Qantas and its associated entities;
(c) at all times, at least two-thirds of the directors of Qantas and the directors of each associated entity are Australian citizens;
(d) at a meeting of the board of directors of Qantas and of a meeting of the board of directors of each associated entity, the director presiding at its meeting (however described) is an Australian citizen.
(6) Qantas and each associated entity must not, directly or indirectly, enter into, commence to carry out, or carry out any scheme if it would be concluded that the person or any of the persons who entered into, commenced to carry out or carried out the scheme or any part of the scheme did so for a material purpose of avoiding the application or operation of any provision of this Act (including any of the mandatory articles), and any such scheme will have no force or effect.
(7) In this section, scheme means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
(8) In the section, whether an entity is an associated entity of Qantas is to be determined in the same manner as that question is determined under the Corporations Act 2001.
Qantas Sale (Keep Jetstar Australian) Amendment Bill 2007 No. , 2007
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