Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 55

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.