Remedial orders
57 Remedial orders
If a person:
has practical control of a particular airport‑operator company (the first company); and
the first company is a member of a pair of airport‑operator companies; and
either of the following subparagraphs applies to the other member of the pair:
the person has practical control of the other member;
the person has a particular type of stake in the other member of more than 15%;
the Federal Court may, on application by the Minister, make such orders as the court considers appropriate to ensure that there is at least one member of the pair where both of the following paragraphs apply:
both:
the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and
the person (either alone or together with associates) is not in a position to exercise control over the company;
either:
the person does not have any type of stake in the company; or
if the person has one or more types of stake in the company—each of those stakes is not more than 15%.
Practical control has the meaning given by section 55.
The Federal Court’s orders include:
an order directing the disposal of shares; or
an order restraining the exercise of any rights attached to shares; or
an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or
an order that any exercise of rights attached to shares be disregarded.
Subsection (2) does not, by implication, limit subsection (1).
In addition to the Federal Court’s powers under subsections (1) and (2), the court:
has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
has power to make an order containing such ancillary or consequential provisions as the court thinks just.
The Federal Court may, before making an order under this section, direct that notice of the Minister’s application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.
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