Commonwealth Consolidated Acts

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AIRPORTS ACT 1996 - SECT 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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