If:
(a) a person, or 2 or more persons under an arrangement, acquire shares in a company; and
(b) the acquisition has the result, in relation to a particular pair of airport - operator companies (the first company and the second company ), that:
(i) an unacceptable cross - ownership situation comes into existence in relation to the pair and in relation to a person; or
(ii) if an unacceptable cross - ownership situation already exists in relation to the pair and in relation to a particular person--there is an increase in any type of stake held by the person in either the first company or the second company; and
(c) the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result;
the person or persons mentioned in paragraph (a) commit an offence punishable on conviction by a fine not exceeding 400 penalty units.