Commonwealth Numbered Acts

AUSTRALIAN AIRLINES (CONVERSION TO PUBLIC COMPANY) ACT 1988 No. 6 of 1988 - SECT 5

5. In this Act, unless the contrary intention appears:

"Airlines Act" means the Australian National Airlines Act 1945;

"amount" includes a nil amount;

"articles" means articles of association;

"Australian Capital Territory" includes the Jervis Bay Territory;

"authorised person" means:

   (a)  the Minister; or

   (b)  a person who is declared, by writing signed by the Minister, to be an
        authorised person for the purposes of section 36;

"continuing provision" means:

   (a)  section 19A of the Airlines Act; or

   (b)  a repealed provision of, or of regulations under, the Airlines Act, as
        that provision continues, by virtue of this or any other Act, to have
        effect;
  "employment", in relation to a staff member, means employment by,   or
service with, the transferring body;

"group company" means:

   (a)  if the transferring body is a wholly-owned subsidiary of the holding
        company:

        (i)    the holding company; or

        (ii)   a wholly-owned subsidiary of the holding company; or

   (b)  in any other case:

        (i)    the transferring body; or

        (ii)   a wholly-owned subsidiary of the transferring body;

"holding company" means the body corporate (if any) nominated under section 6;

"liability" includes a debt or obligation;

"memorandum" means memorandum of association;

"new group company" has the meaning given by section 7;

"operate", in relation to a name, has the meaning given by section 8;

"property" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description and, without limiting the generality of the foregoing, includes
any asset within the meaning of Part IIIA of the Tax Act;

"protected body" means a group company that is a trading corporation, or a
financial corporation, within the meaning of paragraph 51 (20) of the
Constitution;

"protected business name" means any of the following names:
     (a)  "Australian Airlines";

     (b)  "Australian Cargo";


   (c)  such other names (if any) as are prescribed for the purposes of this
        definition;

"protected company name" means any of the following names:
     (a)  "Australian Airlines Limited";

     (b)  a name consisting only of the words "Australian Cargo" and words or
abbreviations included in the name in order to comply with a law in force in a
State or Territory;

   (c)  such other names (if any) as are prescribed for the purposes of this
        definition;

"protected name" means a protected business name or a protected company name;

"protection time", in relation to a protected name, means the time immediately
before:

   (a)  in the case of a name prescribed for the purposes of the definition
of "protected business name" or "protected company name"-the name first became
so prescribed; or

   (b)  in any other case-1 August 1986, being the day from which the
        Australian National Airlines Regulations took effect;

"registered", in relation to a name, includes reserved;

"reorganisation" means the period beginning on the day after this Act receives
the Royal Assent and ending immediately before the transition;

"share", in relation to a body corporate, means a share in the share capital
of the body corporate;

"staff member" means a person who, immediately before the transition, was:

   (a)  the general manager of the transferring body;

   (b)  an officer of the transferring body appointed under subsection 17 (1)
        of the Airlines Act; or

   (c)  a temporary or casual employee of the transferring body appointed
        under section 18 of the Airlines Act;

"subsidiary" has the meaning given by section 9;

"Tax Act" means the Income Tax Assessment Act 1936;

"transfer" includes a sale, conveyance or assignment;

"transferring body" means the body corporate that, before the commencement of
this section, existed, by virtue of section 6 of the Airlines Act, under
the name "Australian National Airlines Commission";

"transition" means the commencement of section 15;

"wholly-owned subsidiary", in relation to a body corporate (in this
definition called the "holding body"), means a body corporate:

   (a)  that is a subsidiary of the holding body;

   (b)  none of whose members is a person other than:

        (i)    the holding body;

        (ii)   a body corporate that is, by virtue of any other application or
               applications of this definition, a wholly-owned subsidiary of
               the holding body; or

        (iii)  a nominee of the holding body or of a body of a kind referred
               to in subparagraph (ii); and

   (c)  no share in which is beneficially owned by a person other than:

        (i)    the holding body; or

        (ii)   a body of a kind referred to in subparagraph (b) (ii).