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COMMONWEALTHAct
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s 38

Simplified outline

In force
Part 3Restrictions on ownership of airport‑operator companies
Division 1Simplified outline

38 Simplified outline

The following is a simplified outline of this Part:

• Airport‑operator companies are subject to the following ownership restrictions:

(a)

a 49% limit on foreign ownership;

(b)

a 5% limit on airline ownership for certain airports;

(c)

a 15% limit on cross‑ownership for Sydney (Kingsford‑Smith)/Melbourne, Sydney (Kingsford‑Smith)/Brisbane and Sydney (Kingsford‑Smith)/Perth airports.

• Those limits relate to a person’s stake in a company.

• A person’s stake includes the interests of the person’s associates.

• There are 4 different types of stake. The main types are:

(a)

percentage of total paid‑up share capital; and

(b)

percentage of voting power.

• The ownership restrictions will be breached if any type of stake goes over the relevant limit.

Stake and other technical expressions used in this Part are defined by the Schedule.

• The central management and control of an airport‑operator company must be exercised at a place in Australia.

• A majority of the directors of an airport‑operator company must be Australian citizens and/or Australian residents.

• The regulations may require records to be kept, and information to be given, for purposes relating to the ownership restrictions.

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