2004-2005-2006-2007 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Qantas Sale (Keep Jetstar Australian) Amendment Bill 2007 No. , 2007 (Senator Fielding) A Bill for an Act to protect Jetstar from foreign ownership and ensure jobs and operations stay in Australia, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 1 Schedule 1--Amendment of the Qantas Sale Act 1992 2 [Page Break] 2 ownership and ensure jobs and operations stay in 3 Australia, and for related purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Qantas Sale (Keep Jetstar Australian) 7 Amendment Act 2007. 8 2 Commencement 9 This Act commences on the day after the day on which it receives 10 the Royal Assent. 11 3 Schedule(s) 12 Each Act that is specified in a Schedule to this Act is amended or 13 repealed as set out in the applicable items in the Schedule 14 concerned, and any other item in a Schedule to this Act has effect 15 according to its terms. 16 Qantas Sale (Keep Jetstar Australian) Amendment Bill 2007 No. , 2007 1 [Page Break] 2 Schedule 1--Amendment of the Qantas Sale 3 Act 1992 4 1 Section 9 (heading) 5 Omit "Qantas to maintain a register of shares in which foreign 6 persons have a relevant interest", substitute "Additional obligations 7 of Qantas". 8 2 At the end of section 9 9 Add: 10 (5) Qantas must ensure that: 11 (a) the head office of Qantas and each associated entity is 12 located in Australia; 13 (b) the facilities taken in aggregate which are used by Qantas and 14 by any associated entity in the provision of scheduled 15 international air transport services (for example, facilities for 16 the maintenance and housing of aircraft, catering, flight 17 operations, training and administration), located in Australia, 18 when compared with those located in any other country, 19 represent the principal operational centre for Qantas and its 20 associated entities; 21 (c) at all times, at least two-thirds of the directors of Qantas and 22 the directors of each associated entity are Australian citizens; 23 (d) at a meeting of the board of directors of Qantas and of a 24 meeting of the board of directors of each associated entity, 25 the director presiding at its meeting (however described) is an 26 Australian citizen. 27 (6) Qantas and each associated entity must not, directly or indirectly, 28 enter into, commence to carry out, or carry out any scheme if it 29 would be concluded that the person or any of the persons who 30 entered into, commenced to carry out or carried out the scheme or 31 any part of the scheme did so for a material purpose of avoiding 32 the application or operation of any provision of this Act (including 33 any of the mandatory articles), and any such scheme will have no 34 force or effect. 35 (7) In this section, scheme means: \\chamberprod2\tableoffices\senate\bills\first\0703320.doc 14/2/2008 4:40 PM [Page Break] 2 undertaking, whether express or implied and whether or not 3 enforceable, or intended to be enforceable, by legal 4 proceedings; and 5 (b) any scheme, plan, proposal, action, course of action or course 6 of conduct, whether unilateral or otherwise. 7 (8) In the section, whether an entity is an associated entity of Qantas is 8 to be determined in the same manner as that question is determined 9 under the Corporations Act 2001.