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COMMONWEALTHAct
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s 248

Application of the Competition and Consumer Act 2010

In force
Part 19Miscellaneous

248 Application of the Competition and Consumer Act 2010

(1)

This Act does not, by implication, limit the application of the Competition and Consumer Act 2010.

(2)

Subsections (2A) and (2B) apply if:

(a)

a person directly or indirectly acquires shares in either or both of the following:

(i)

the airport‑lessee company for Sydney (Kingsford‑Smith) Airport;

(ii)

the airport‑lessee company for Sydney West Airport; and

(b)

the acquisition has the effect that those companies become subsidiaries of another company.

(2A)

For the purposes of section 50 of the Competition and Consumer Act 2010 and the acquisitions provisions (within the meaning of that Act), that effect, when considered in isolation from any other effect of the acquisition, does not, and is not likely to, substantially lessen competition in any market.

(2B)

That acquisition is not required to be notified under Division 2 of Part IVA of the Competition and Consumer Act 2010.

(3)

For the purposes of subsection (2), a company (the subsidiary company) is taken to be a subsidiary of another company (the holding company) if, and only if, all the shares in the subsidiary company are beneficially owned by the holding company.

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