Document ID: chunk:federal_register_of_legislation:C2024C00680:section:60
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 60
Character Range: 86202–88871

60  Record‑keeping and giving of information
 (1) The regulations may make provision for and in relation to requiring a person:
 (a) to keep and retain records, where the records are relevant to an ownership matter; and
 (b) to give information to the Minister that is relevant to:
 (i) an ownership matter; or
 (ii) ascertaining whether Division 6 has been or is being complied with; and
 (c) to give information to an airport‑operator company, where the information is relevant to an ownership matter that concerns the company.
Note: Ownership matter is defined by subsection (6).

Statutory declarations
 (2) The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(b) or (c) must be verified by statutory declaration.

No self‑incrimination
 (3) An individual is not required to give information in accordance with a requirement covered by paragraph (1)(b) or (c) if the information might tend to incriminate the individual or expose the individual to a penalty.

Offence
 (4) A person commits an offence if:
 (a) the person is required to keep and retain records and to give information under subsection (1); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the requirement.
Penalty: 50 penalty units.

Strict liability
 (4A) Strict liability applies to paragraph (4)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

Regulations may confer discretionary powers on the Minister
 (5) Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister. For example, the regulations could provide that the Minister may, by written notice given to an airport‑operator company for an airport, require the company to give the Minister, within the period and in the manner specified in the notice, specified information about an ownership matter relating to the company.

Definition
 (6) For the purposes of this section, each of the following matters is an ownership matter:
 (a) whether a person holds a particular type of stake in an airport‑operator company and, if so, the level of that stake;
 (b) whether the directors of an airport‑operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates);
 (c) whether a person (either alone or together with associates) is in a position to exercise control over an airport‑operator company.
For this purpose, control has the same meaning as in section 54.

Division 8—Concurrent operation of State laws