Document ID: chunk:federal_register_of_legislation:C2018C00091:section:7:p1
Version: federal_register_of_legislation:C2018C00091
Segment Type: section
Provision Reference: s 7 (pt 1/4)
Character Range: 9707–12445

7  Qantas' articles of association to include certain provisions
 (1) The articles of association of Qantas must, on and from the day on which Qantas first becomes aware that a person, other than the Commonwealth or a nominee of the Commonwealth, has acquired voting shares in Qantas:
 (a) impose restrictions on the issue and ownership (including joint ownership) of shares in Qantas so as to prevent foreign persons having relevant interests in shares in Qantas that represent, in total, more than 49% of the total value of the issued share capital of Qantas; and
 (c) impose restrictions on the counting of votes in respect of the appointment, replacement and removal of a director of Qantas so as to prevent the votes attaching to all substantial foreign shareholdings being counted in respect of the appointment, replacement or removal of more than one‑third of the directors of Qantas who hold office, at any particular time; and
 (d) confer the following powers on the directors of Qantas to enable the directors to enforce the restrictions referred to in paragraphs (a) and (c):
 (i) the power to do anything necessary to effect the transfer of shares held by a person;
 (ii) the power to remove or limit the right of a person to exercise voting rights attached to voting shares;
 (iii) the power to end the appointment of a person to the office of director of Qantas; and
 (e) prohibit Qantas from taking any action to bring about a change of its company name to a name that does not include the expression "Qantas"; and
 (f) prohibit Qantas from conducting scheduled international air transport passenger services under a name other than:
 (i) its company name; or
 (ii) a registered business name that includes the expression "Qantas"; and
 (g) require that the head office of Qantas always be located in Australia; and
 (h) require that of the facilities, taken in aggregate, which are used by Qantas in the provision of scheduled international air transport services (for example, facilities for the maintenance and housing of aircraft, catering, flight operations, training and administration), the facilities located in Australia, when compared with those located in any other country, must represent the principal operational centre for Qantas; and
 (i) require that, at all times, at least two‑thirds of the directors of Qantas are to be Australian citizens; and
 (j) require that, at a meeting of the board of directors of Qantas, the director presiding at the meeting (however described) must be an Australian citizen; and
 (k) prohibit Qantas, at all times, from taking any action to become incorporated outside Australia.
 (2) For the purposes of this section, a person has a relevant interest in a share if, and only