Airports Regulations (Amendment) (Cth)

Statutory Rules 1997No. 104 1

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Airports Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.

Dated 14 May 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN SHARP

Minister for Transport and Regional Development

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1.   Amendment

1.1   The Airports Regulations are amended as set out in these Regulations.

[Note: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New Part 3

2.1   After Part 2, insert Part 3 set out in the Schedule.

 SCHEDULE Regulation 2

new part 3 to be inserted

PART 3—OWNERSHIP OF AIRPORTS

Division 3.1—If unacceptable foreign-ownership situation exists

Minister to give notice before applying to Court

 3.01. (1) If the Minister forms the opinion that an unacceptable foreign-ownership situation may exist in relation to an airport-operator company, the Minister must give the company notice in writing before making an application to the Federal Court under subsection 43 (1) of the Act in relation to the company.

 (2) The notice may:

• (a)

  state that the Minister has formed the opinion that an unacceptable foreign-ownership situation may exist in relation to the company; and

• (b)

  require the company to provide the Minister with evidence that establishes, to the Minister’s reasonable satisfaction, that an unacceptable foreign-ownership situation does not exist in relation to the company; and

• (c)

  state that, unless the company provides the Minister, within 180 days after the date of the notice, with evidence that an unacceptable foreign-ownership situation does not exist, the Minister may apply to the Federal Court for an order under subsection 43 (1) of the Act; and

• (d)

  state that, if the Minister makes that application, the Minister will seek an order from the Court directing the company to pay the costs of the application.

Airport-operator company’s obligations not affected

 3.02. (1) Nothing in regulation 3.01 affects an airport-operator company’s obligation under subsection 42 (1) of the Act.

[Note: That is, its obligation to take all reasonable steps to ensure that an unacceptable foreign-ownership situation does not exist in relation to the company. “Unacceptable foreign-ownership situation” is defined in section 40 of the Act.]

 (2) Nothing in that regulation prevents the prosecution of an airport-operator company for a breach of that obligation, whether or not the Minister has given notice to the company under regulation 3.01, and (if such notice has been given to the company) whether or not the time allowed in the notice has expired.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 May 1997.

2. Statutory Rules 1997 No. 8 as amended by 1997 No. 103.