Document ID: chunk:federal_register_of_legislation:C2004A04740:body:0:p3
Version: federal_register_of_legislation:C2004A04740
Segment Type: other
Provision Reference: 
Character Range: 5283–8190

interest in the share if section 33 of that Law were disregarded.

  "(4) In this section:

'Australian international airline' means an international airline that may be permitted to carry passengers or freight, or both passengers and freight, under a bilateral arrangement as an airline designated by Australia to operate a scheduled international air service;

'bilateral arrangement' means an agreement or arrangement between Australia and another country, or between Australia and a body acting on behalf of another country, under which the carriage by air of passengers or freight, or both passengers and freight, between the 2 countries is permitted;

'country' includes any region:

  (a) which is part of a foreign country; or

  (b) which is under the protection of a foreign country; or

  (c) for whose international relations a foreign country is responsible;

'foreign airline' means an air transport enterprise other than:

  (a) an Australian international airline; or

  (b) Qantas; or

     (c) an air transport enterprise offering or operating an air service solely within Australian territory;

'Qantas' means Qantas Airways Limited, as the company exists from time to time (even if its name is later changed);

'share', in relation to a body corporate, means a share in the body's share capital;

'voting share' has the same meaning as in the Corporations Law.

Injunctions relating to section 11A

"11B.(1) If an Australian international airline or any other person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute:

     (a) a contravention of the mandatory articles or a requirement under subsection 11A(1); or

SCHEDULE 1—continued

     (b) attempting to contravene the mandatory articles or a requirement under subsection 11A(1); or

     (c) aiding, abetting, counselling or procuring a person to contravene the mandatory articles or a requirement under subsection 11A(1); or

     (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory articles or a requirement under subsection 11A(1); or

     (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory articles or a requirement under subsection 11A(1); or

     (f) conspiring with others to contravene the mandatory articles or a requirement under subsection 11A(1);

the Federal Court may, on the application of the Minister, grant an injunction restraining the airline or the person from engaging in the conduct. If in the court's opinion it is desirable to do so, the injunction may also require the airline or person to do any act or thing.

"(2) If an Australian international airline or any other person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the airline or person