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s 55

Minister may declare person to have practical control of an airport‑operator company

In force
Part 3Restrictions on ownership of airport‑operator companies
Division 5Limits on cross‑ownership of pairs of airport‑operator companies
Subdivision DPractical control

55 Minister may declare person to have practical control of an airport‑operator company

Declaration

(1)

If:

(a)

the Minister is satisfied that:

(i)

the directors of an airport‑operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates); or

(ii)

a person (either alone or together with associates) is in a position to exercise control over an airport‑operator company; and

(b)

the Minister is satisfied that:

(i)

the person does not have any type of stake in the company; or

(ii)

if the person has one or more types of stake in the company—each of those stakes is not more than 15%;

the Minister may declare that the person has practical control of the airport‑operator company for the purposes of this Act.

Declaration has effect

(2)

A declaration under this section has effect accordingly.

Revocation of declaration

(3)

If:

(a)

a declaration is in force under this section; and

(b)

the Minister ceases to be satisfied of the matters referred to in paragraphs (1)(a) and (b);

the Minister must revoke the declaration.

Gazettal and notification of declaration

(4)

If a declaration under this section is made or revoked, the Minister must arrange for a copy of the declaration or revocation:

(a)

to be published in the Gazette; and

(b)

to be given to the airport‑operator company and the person concerned.

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