Document ID: chunk:federal_register_of_legislation:C2008A00144:clause:11_22:p1
Version: federal_register_of_legislation:C2008A00144
Segment Type: clause
Provision Reference: sch 11 cl 22 (pt 1/2)
Character Range: 149937–152624

22  Transitional provision

Unacceptable foreign‑ownership situation

(1) For the purposes of sections 42 and 43 of the Airports Act 1996, if:
 (a) apart from this subitem, an unacceptable foreign‑ownership situation would exist in relation to an airport‑operator company on the day on which the amendments of that Act made by this Schedule commence; and
 (b) the situation would exist only because of the amendments;
the situation is, during the period of 6 months starting on the day on which the amendments commence, taken not to exist for so long as it would otherwise have existed.

Unacceptable airline‑ownership situation

(2) For the purposes of sections 46 and 47 of the Airports Act 1996, if:
 (a) apart from this subitem, an unacceptable airline‑ownership situation would exist in relation to an airport‑operator company on the day on which the amendments of that Act made by this Schedule commence; and
 (b) the situation would exist only because of the amendments;
the situation is, during the period of 6 months starting on the day on which the amendments commence, taken not to exist for so long as it would otherwise have existed.

Unacceptable cross‑ownership situation

(3) For the purposes of sections 52 and 53 of the Airports Act 1996, if:
 (a) apart from this subitem, an unacceptable cross‑ownership situation would exist in relation to a pair of airport‑operator companies on the day on which the amendments of that Act made by this Schedule commence; and
 (b) the situation would exist only because of the amendments;
the situation is, during the period of 6 months starting on the day on which the amendments commence, taken not to exist for so long as it would otherwise have existed.

Practical control of an airport‑operator company

(4) If:
 (a) the Minister administering the Airports Act 1996 is satisfied, for the purposes of subparagraph 55(1)(a)(ii) of that Act, that a person was in a position to exercise control over an airport‑operator company on the day on which the amendments of that Act made by this Schedule commenced; and
 (b) the person was in that position on that day only because of the amendments;
the Minister must not make a declaration under section 55 of that Act in relation to that person and that company during the period of 6 months starting on the day on which the amendments commence.

Record‑keeping

(5) If:
 (a) on the day on which the amendments of the Airports Act 1996 made by this Schedule commence, a person would, apart from this subitem, be required by regulations made for the purposes of section 60 of that Act to do something in relation to an ownership matter; and
 (b) the person would not have been required to