Commonwealth Numbered Regulations

AIRPORTS REGULATIONS (AMENDMENT) 1997 No. 177 - SCHEDULE 2

                            SCHEDULE 2                Regulation 5

NEW DIVISION 3.2

"Division 3.2 - Record-keeping and reporting Meaning of certain terms

"3.20. (1) In this Division:
'details' of a person means:

   (a)  if the person is an individual:

        (i)    the individual's name; and

        (ii)   the address of his or her usual residence; and

        (iii)  his or her citizenship, or (if he or she claims more than 1
               citizenship), each citizenship that he or she claims; and

   (b)  if the person is a corporation:

        (i)    the corporation's name; and

        (ii)   the place in which it is incorporated; and

        (iii)  the address of its registered office or principal office; and

   (c)  if the person is a foreign government body:

        (i)    its name, or the name of the foreign government of which it is
               an entity; and

        (ii)   the address of its principal office.

"(2) A reference to a pair of companies is a reference to a pair of companies
set out in the table following section 49 of the Act.

"(3) A term that is used in both this Division and Part 3 of the Act has the
same meaning in this Division as in that Part. [Note: Certain terms used in
this Division and Part 3 of the Act are defined in the Schedule to the Act.]
Relationship with Corporations Law

"3.21. To avoid doubt, it is declared that the requirements of this Division
are in addition to, and not in substitution for, the requirements of the
Corporations Law. Airport-operator company to keep register

"3.22. (1) An airport-operator company must keep a register of:

   (a)  any stake in the company that is held by a foreign person; and

   (b)  any stake in the company that is held by an airline; and

   (c)  if the company is a member of a pair of companies:

        (i)    any stake in the company that is held by the other member of
               the pair; and

        (ii)   any stake in the company that is held by a person that holds a
               stake in the other member of the pair; and

        (iii)  any stake that the company holds in the other member of the
               pair.

"(2) The register must record, for each stake:

   (a)  in the case of a stake that is composed of a direct control interest
        held by only 1 person:

        (i)    the amount of the interest; and

        (ii)   what type of interest it is; and

        (iii)  details of the person that holds the interest; and

   (b)  in the case of a stake that is composed of direct control interests
        held by 2 or more persons - the information specified in subparagraphs
        (a) (i), (ii) and (iii) about each of those interests. [Notes: 1. A
        person's stake of a particular type in an airport-operator company
        includes both the person's direct control interest in the company and
        any direct control interests held by the person's associates - see
        clauses 5, 11 and 12 of the Schedule to the Act. 2. For the meaning of
        'details' of a person, see regulation 3.20.]

"(3) The register must be indexed in a way that allows the aggregate of stakes
of a particular type, or held by a particular class of person, to be readily
worked out. [Note: For penalty, see s 60 (4) of the Act.] Airport-operator
company to make return

"3.23. (1) In this regulation:
'reporting period', for an airport-operator company, means the period of 1
year ending at the end of the day before the first anniversary of:

   (a)  in the case of an airport-lessee company - the date on which the
        company became the airport-lessee company for the airport; or

   (b)  in the case of an airport-management company - the date on which the
        company became the airport-management company for the airport; or

   (c)  the previous reporting day.

"(2) Within 14 days after the end of each reporting period for an
airport-operator company, the company must give the Minister:

   (a)  a declaration stating whether, in the opinion of the directors:

        (i)    an unacceptable foreign-ownership situation existed in relation
               to the company at any time during the reporting period; and

        (ii)   an unacceptable airline-ownership situation existed in relation
               to the company at any time during the reporting period; and

        (iii)  if the company is a member of a pair of companies - an
               unacceptable cross-ownership situation existed in relation to
               the pair at any time during the reporting period; and

   (b)  either:

        (i)    a written return giving the information, as at the reporting
               day, specified in subregulation (3); or

        (ii)   if the company gave a written return giving that information as
               at a previous reporting day, and there has been no change, for
               the company, in any matter mentioned in subregulation (3) since
               that return - a statement that no change has occurred since
               that return. [Note: For penalty, see s 60 (4) of the Act.]

"(3) The information is:

   (a)  if a foreign person holds a stake, of a particular type, of more than
        5% in the company - the amount of the stake, what type of stake it is,
        and details of the person that holds it; and

   (b)  the aggregate of all stakes of a particular kind held by foreign
        persons; and

   (c)  if a stake in the company is held by an airline - details of the
        airline and the amount and type of the stake; and

   (d)  if a person holds a stake, of a particular type, of more than 10% in
        the company - details of the person, and the amount and type of the
        stake; and

   (e)  if the company is a member of a pair of companies:

        (i)    the amount and type of any stake in the company held by the
               other member of the pair; and

        (ii)   the amount and type of any stake in the company held by a
               person who also holds a stake in the other member of the pair;
               and

        (ii)   the amount and type of any stake held by the company in the
               other member of the pair; and

   (f)  the location of the place where the central management and control of
        the company is ordinarily exercised; and

   (g)  details of any person who is in a position to exercise control over
        the company, or in accordance with whose directions the directors of
        the company are accustomed to act; and

   (h)  details of each of the directors of the company. [Notes: 1. A person's
        stake of a particular type in an airport-operator company includes
        both the person's direct control interest in the company and any
        direct control interests held by the person's associates - see clauses
        5, 11 and 12 of the Schedule to the Act. 2. For the meaning of
        'details' of a person, see regulation 3.20.]

"(4) The declaration, and the return or statement, must be signed by a
director of the company, and verified by statutory declaration by a director
of the company.

"(5) The declaration, and the return or statement, must be approved by the
directors of the company by resolution.

"(6) When the company gives the declaration and the return or statement to the
Minister, the company must also give the Minister a copy of the resolution.
Minister may request information

"3.24. (1) The Minister may, by written notice given to an airport- operator
company, require the company to give the Minister, within any period and in
the manner specified in the notice, specified information about:

   (a)  an ownership matter relating to the company; or

   (b)  the location of the place where the central management and control of
        the company is ordinarily exercised; or

   (c)  details of a director of the company.

"(2) If a period is specified in a notice as the period within which the
information must be given to the Minister, the period must be at least 14
days.

"(3) If no period within which the information must be given to the Minister
is specified in the notice, the information must be given to the Minister
within 14 days of the date of the notice.

"(4) An airport-operator company must comply with a notice under subregulation
(1). [Note: For penalty, see s. 60 (4) of the Act.] Minister may request copy
of the register

"3.25. (1) The Minister may, by written notice given to an airport- operator
company, require the company to produce to the Minister, within any period and
in the manner specified in the notice, a copy of the register kept by the
company under regulation 3.22.

"(2) If a period is specified in a notice as the period within which the copy
must be produced to the Minister, the period must be at least 14 days.

"(3) If no period within which the information must be given to the Minister
is specified in the notice, the copy must be produced to the Minister within
14 days of the date of the notice.

"(4) An airport-operator company must comply with a notice under subregulation
(1). [Note: For penalty, see s. 60 (4) of the Act.] Company must inform
Minister in certain circumstances

"3.26. (1) An airport-operator company must give the Minister notice in
writing if it has reason to believe that:

   (a)  an unacceptable foreign-ownership situation, an unacceptable
        airline-ownership situation or an unacceptable cross-ownership
        situation exists in relation to the company; or

   (b)  the central management and control of the company is no longer being
        exercised at a place in Australia; or

   (c)  a majority of the company's directors are no longer Australian
        citizens or persons ordinarily resident in Australia.

"(2) The notice must set out what steps the company has taken, or will take,
to establish whether a state of affairs mentioned in paragraph (1) (a), (b) or
(c) exists, and what steps it will take to remedy such a state, if it exists.
[Note: For penalty, see s. 60 (4) of the Act.] Delegation

"3.27. The Minister may, by instrument, delegate any of his or her powers
(other than this power of delegation) under this Division to:

   (a)  the Secretary; or

   (b)  an officer of the Senior Executive Service performing duties in the
        Department.".