Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aviation
Legislation Amendment Bill (No. 1) 2000
No.
, 2000
(Transport and Regional
Services)
A Bill for an Act to amend
legislation relating to aviation, and for related purposes
ISBN: 0642
429553
Contents
A Bill for an Act to amend legislation relating to
aviation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Aviation Legislation Amendment Act (No.
1) 2000.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) The items in Schedule 2 commence 28 days after the day on which this
Act receives the Royal Assent.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 3(1) (paragraph (a) of the
definition of State aircraft)
Omit “under the regulations”, substitute “under
regulations made under the Civil Aviation Act 1988”.
2 Paragraph 11A(1)(a)
Omit “foreign airlines”, substitute “foreign
persons”.
3 Paragraphs 11A(1)(b) and
(c)
Repeal the paragraphs, substitute:
(b) if foreign persons have relevant interests in shares in the Australian
international airline that represent, in total, more than 49% of the total value
of the issued share capital of the Australian international airline—to
take all necessary action to ensure that its constitution complies with
subsection (2).
4 Subsection 11A(2)
Omit all the words before paragraph (a), substitute:
(2) The constitution of an Australian international airline complies with
this subsection if it:
5 Paragraph 11A(2)(a)
Omit “impose”, substitute “imposes”.
6 Paragraph 11A(2)(a)
Omit “foreign airlines”, substitute “foreign
persons”.
7 Paragraph 11A(2)(a)
Omit “35%”, substitute “49%”.
8 Paragraph 11A(2)(b)
Repeal the paragraph.
9 Paragraph 11A(2)(c)
Omit all the words before subparagraph (c)(i), substitute:
(c) confers the following powers on the directors of the Australian
international airline to enable the directors to enforce the restrictions
referred to in paragraph (a):
10 Subsection 11A(4)
Insert:
Australian citizen has the same meaning as in the
Australian Citizenship Act 1948.
11 Subsection 11A(4)
Insert:
Australian person means:
(a) an individual who is an Australian citizen or is ordinarily resident
in Australia; or
(b) the Commonwealth, a State or a Territory; or
(c) a person who is a nominee of the Commonwealth or of a State or a
Territory; or
(d) a Commonwealth, State or Territory authority; or
(e) a person who is a nominee of a Commonwealth, State or Territory
authority; or
(f) a local government body (whether incorporated or not) formed by or
under a law of a State or a Territory; or
(g) a person who is a nominee of a local government body referred to in
paragraph (f); or
(h) a body corporate that:
(i) is incorporated by or under a law of the Commonwealth or of a State or
a Territory; and
(ii) is substantially owned and effectively controlled by persons referred
to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or
(i) a person in the capacity of a trustee, or manager, of a fund in which
the total interests (if any) of persons referred to in paragraph (a), (b), (c),
(d), (e), (f), (g) or (h) represent 60% or more of the total interests in the
fund.
12 Subsection 11A(4)
Insert:
foreign person means:
(a) a foreign airline; or
(b) a person (other than a foreign airline) who is not an Australian
person.
13 Paragraphs 11B(1)(a), (b), (c), (d), (e) and
(f)
Omit “mandatory articles” (wherever occurring), substitute
“mandatory provisions of its constitution”.
14 Subsection 11B(2)
Omit “mandatory articles”, substitute “mandatory
provisions of its constitution”.
15 Subsection 11B(11) (definition of
mandatory articles)
Repeal the definition.
16 Subsection 11B(11)
Insert:
mandatory provisions, in relation to the constitution of an
Australian international airline, means those provisions of the constitution
that would be required in order for the airline’s constitution to comply
with subsection 11A(2).
17 Paragraph 26(2)(k)
Omit “$5,000”, substitute “50 penalty
units”.
1 Subsection 7(2)
Omit “200 penalty units”, substitute “1,000 penalty
units”.
2 Subsection 7(2) (note 1)
Omit “1,000 penalty units”, substitute “5,000 penalty
units”.
3 Subsection 10(2)
Omit “100 penalty units”, substitute “500 penalty
units”.
4 Subsection 10(2) (note 1)
Omit “500 penalty units”, substitute “2,500 penalty
units”.