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SR 1996 No. 341 Regulations as amended, taking into account amendments up to Airports Legislation Amendment (Essendon Fields Airport) Regulations 2017
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 01 Nov 2017
Start Date 12 Oct 2017
Table of contents.

Airports (Ownership—Interests in Shares) Regulations 1996

Statutory Rules No. 341, 1996

made under the

Airports Act 1996

Compilation No. 4

Compilation date:                              12 October 2017

Includes amendments up to:            F2017L01341

Registered:                                         1 November 2017

 

About this compilation

This compilation

This is a compilation of the Airports (Ownership—Interests in Shares) Regulations 1996 that shows the text of the law as amended and in force on 12 October 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1.01....... Name of Regulations........................................................................... 1

1.02....... Object.................................................................................................. 1

1.03....... Interpretation....................................................................................... 1

1.04....... Who is a holder of a beneficial interest................................................ 1

Part 2—Foreign ownership                                                                                              3

2.01....... Purpose of Part 2................................................................................ 3

2.02....... Double holding companies.................................................................. 3

2.03....... Indirect interest.................................................................................... 3

2.04....... Australian associate of a foreign person—no action in concert etc...... 4

2.05....... Australian associate of a foreign person—avoidance of double counting 4

2.06....... Prescribed interest in a share—foreign‑owned investment funds........ 4

2.07....... Prescribed interest holder—foreign‑owned investment funds............. 4

Part 3—Agents                                                                                                                         6

3.01....... Purpose of Part 3................................................................................ 6

3.02....... Agents................................................................................................. 6

Part 4—Airline ownership                                                                                                7

4.01....... Purpose of Part 4................................................................................ 7

4.02....... Prescribed interest in a share—investment fund whose trustee or manager is an associate of an airline............................................................................................................ 7

4.03....... Prescribed interest holder—investment fund whose trustee or manager is an associate of an airline............................................................................................................ 7

4.04....... Airlines holding stakes in certain airport‑operator companies............. 8

4.05....... Associate—no action in concert etc..................................................... 8

Part 5—Cross‑ownership                                                                                                10

5.01....... Purpose of Part 5.............................................................................. 10

5.02....... Associate—no action in concert etc................................................... 10

5.03....... Prescribed interest in a share—other airports.................................... 11

5.04....... Prescribed interest holder—other airports......................................... 11

Part 6—Revocation of declarations and review of decisions                     13

6.01....... Revocation of a declaration............................................................... 13

6.02....... Review of decisions.......................................................................... 13

Endnotes                                                                                                                                    14

Endnote 1—About the endnotes                                                                            14

Endnote 2—Abbreviation key                                                                                15

Endnote 3—Legislation history                                                                             16

Endnote 4—Amendment history                                                                           17

Endnote 5—Miscellaneous                                                                                       20


Part 1Preliminary

  

1.01  Name of Regulations

                   These Regulations are the Airports (Ownership—Interests in Shares) Regulations 1996.

1.02  Object

                   The object of these Regulations is to identify the interests in shares that are to be disregarded in giving effect to certain of the ownership provisions of the Act.

Note:          Part 3 of the Act imposes certain ownership restrictions on airport‑operator companies. Part 4 of the Act contains provisions dealing with schemes designed to avoid the ownership restrictions applying to airport‑operator companies, including provisions that allow the Minister to direct a person to dispose of a stake in an airport‑operator company in certain circumstances.

1.03  Interpretation

             (1)  In these Regulations, unless the contrary intention appears:

Act means the Airports Act 1996.

holder, of a declaration, is the person who applied for the declaration to be made.

investment fund means:

                     (a)  a fund of the kind generally known as a unit trust (except a unit trust of the kind generally known as a discretionary trust); or

                     (b)  a statutory fund, within the meaning of the Life Insurance Act 1995, of a life insurance company; or

                     (c)  a superannuation entity, within the meaning of the Superannuation Industry (Supervision) Act 1993; or

                     (d)  an exempt public sector superannuation scheme, within the meaning of the Superannuation Industry (Supervision) Act 1993.

             (2)  An expression used in these Regulations, and in the Schedule to the Act, has the same meaning as it has in the Schedule.

1.04  Who is a holder of a beneficial interest

             (1)  For these Regulations, a holder of a beneficial interest is a person who holds any beneficial interest in an investment fund, including:

                     (a)  a beneficial interest held by the person jointly with another person; and

                     (b)  a beneficial interest that is prospective, because the person:

                              (i)  has entered into a contract to purchase a beneficial interest in the capital or income of the fund; or

                             (ii)  has a right, otherwise than by reason of holding an interest in the fund, to have a beneficial interest in the fund transferred to the person or to the person’s order (whether exercisable presently, or in the future, and whether or not subject to a condition); or

                            (iii)  has a right to acquire a beneficial interest in the fund under an option (whether exercisable presently, or in the future, and whether or not subject to a condition).

             (2)  For these Regulations, a person is a holder of a beneficial interest regardless of:

                     (a)  the remoteness of the interest; or

                     (b)  the way in which it arose; or

                     (c)  the fact that the exercise of a right conferred by the interest is, or is capable of being made, subject to a restraint or restriction.

             (3)  For these Regulations, an interest is not a beneficial interest if:

                     (a)  the interest is held solely as security under a moneylending agreement; and

                     (b)  the ordinary business of the holder includes the lending of money.

             (4)  If:

                     (a)  a person holds a beneficial interest in an investment fund as a loan security; and

                     (b)  the ordinary business of the person includes the lending of money; and

                     (c)  the loan security is enforced; and

                     (d)  as a result of the enforcement, the person becomes the holder of the interest; and

                     (e)  the person holds the interest for a continuous period (the holding period) beginning at the time when the security was enforced;

the person is taken not to hold the interest at all times during so much of the holding period as occurs during whichever of the following periods is applicable:

                      (f)  the period of 90 days beginning when the security was enforced; or

                     (g)  if the Secretary, by written notice, allows a longer period—the end of that longer period.

Part 2Foreign ownership

  

2.01  Purpose of Part 2

                   For paragraph 9(1)(c) of the Schedule to the Act, this Part prescribes a kind of interest in a share that must be disregarded in ascertaining whether, within the meaning of section 40 of the Act, an unacceptable foreign‑ownership situation exists.

2.02  Double holding companies

             (1)  This regulation applies if:

                     (a)  a foreign person has a stake in a company (holding company 2); and

                     (b)  holding company 2 has 100% of all types of direct control interests in another company (holding company 1); and

                     (c)  holding company 1 has 100% of all types of direct control interests in an airport‑operator company; and

                     (d)  holding company 1 and holding company 2 are both incorporated in Australia, and both have a share capital; and

                     (e)  holding company 2 is operated solely for the purpose of holding direct control interests in holding company 1 and at least 1 airport‑operator company; and

                      (f)  holding company 1 is operated solely for the purpose of holding direct control interests in 1 or more airport‑operator companies.

             (2)  An interest in a share that results in the foreign person having a stake in holding company 2:

                     (a)  is a prescribed interest only for the purpose of determining whether:

                              (i)  holding company 1, holding company 2 or the airport‑operator company mentioned in paragraph (1)(c) is a foreign person; or

                             (ii)  any of those companies is an associate of a foreign person; and

                     (b)  is to be disregarded only after it has been counted for subclause 12(5) of the Schedule to the Act to determine the size and type of stake that the foreign person holds in the airport‑operator company.

             (3)  The foreign person mentioned in paragraph (1)(a) is a prescribed person.

2.03  Indirect interest

             (1)  A person’s interest in a share is a prescribed interest if the interest exists solely because the person is a shareholder in a company that is not:

                     (a)  a foreign person within the meaning of the Foreign Acquisitions and Takeovers Act 1975; or

                     (b)  an airport lessee company; or

                     (c)  a holding company mentioned in clause 14 of the Schedule to the Act; or

                     (d)  a holding company to which regulation 2.02 applies.

             (2)  The first person mentioned in subregulation (1) is a prescribed person.

2.04  Australian associate of a foreign person—no action in concert etc

             (1)  An interest in a share is a prescribed interest if, in connection with that interest or any interest held by the interest‑holder in an airport‑operator company:

                     (a)  the interest‑holder, although being an associate of a foreign person:

                              (i)  is not directly or indirectly controlled by the foreign person; and

                             (ii)  is not accustomed, or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the foreign person; and

                            (iii)  is not an associate of the foreign person, within the meaning of subclause 5(2) of the Schedule to the Act; and

                     (b)  the foreign person does not have any direct control interest in the share.

             (2)  The interest‑holder mentioned in subregulation (1) is a prescribed person if the interest‑holder is not a foreign person.

2.05  Australian associate of a foreign person—avoidance of double counting

             (1)  This regulation applies to an interest in a share held by a person, who, although an associate of persons in a group to which subclause 11(3) of the Schedule to the Act applies, is not a person in the group.

             (2)  The interest is a prescribed interest if, after being counted once for the ownership provisions in determining the total of the stakes of a particular type that the group holds in an airport‑operator company, the interest would, without this regulation, be counted again for that purpose.

             (3)  The person mentioned in subregulation (1) is a prescribed person if the person is not a foreign person.

2.06  Prescribed interest in a share—foreign‑owned investment funds

                   A person’s interest in a share is an interest of a prescribed kind if the interest arose solely as a result of an action by the person in his, her or its capacity as trustee or manager of an investment fund in relation to which a declaration is made under subregulation 2.07(4).

2.07  Prescribed interest holder—foreign‑owned investment funds

             (1)  A person to whom regulation 2.06 applies is prescribed if the Secretary declares the investment fund, of which the person is trustee or manager, to be a substantially Australian investment fund.

             (2)  Application may be made by the person mentioned in subregulation (1) to the Secretary, in writing, for a declaration that an investment fund is a substantially Australian investment fund.

             (3)  An application must be accompanied by evidence to establish the fact that the investment fund is a fund in which a beneficial interest in less than 40% of the capital, and 40% of the income, is held by persons who are foreign persons.

          (3A)  For subregulation (3), a person is not taken to be a foreign person if:

                     (a)  the person holds a beneficial interest in the investment fund; and

                     (b)  the person is the trustee of another investment fund; and

                     (c)  the beneficial interest exists solely because the person is the trustee of the other investment fund; and

                     (d)  the other investment fund is a fund in which a beneficial interest in less than 40% of the capital, and 40% of the income, is held by persons who are foreign persons.

             (4)  The Secretary must:

                     (a)  if reasonably satisfied that the investment fund is eligible to be declared a substantially Australian investment fund:

                              (i)  make the declaration; and

                             (ii)  within 7 days of making the declaration:

                                        (A)  give a copy of the declaration to the applicant; and

                                        (B)  publish a notice of the declaration in the Gazette; or

                     (b)  if not so satisfied—refuse to make the declaration.

             (5)  If the Secretary refuses to make a declaration, the Secretary must, within 7 days of making that decision, give the applicant written notice of the decision:

                     (a)  stating the reasons for the decision; and

                     (b)  stating that, subject to the Administrative Appeals Tribunal Act 1975, the person may apply to the Administrative Appeals Tribunal for review of the decision.

             (6)  If an investment fund is declared, and the holder of the declaration is aware of the existence of a fact or circumstance that, had it existed and been known to the Secretary at the time the declaration was made, is likely to have resulted in the declaration not being made, the holder must give the Secretary details of the fact or circumstance, in writing, before the end of 7 days after becoming aware of it.

             (7)  If an investment fund is declared, the holder of the declaration must comply with any request from the Secretary to give the Secretary information reasonably available to the person that could affect the eligibility of the investment fund to remain declared a substantially Australian investment fund.

             (8)  If an investment fund is declared, the holder of the declaration must, before the end of 30 days after each anniversary of the date on which the declaration is made, give the Secretary a written statement that the holder believes, if that is the case, that the investment fund is eligible to remain declared a substantially Australian investment fund.

Part 3Agents

  

3.01  Purpose of Part 3

                   For paragraph 9(1)(c) of the Schedule to the Act, this Part prescribes kinds of interest in shares that must be disregarded for Part 3 of the Act and the Schedule to the Act.

3.02  Agents

             (1)  A person’s interest in a share is a prescribed interest if the interest exists solely because of an action taken by the person in the person’s capacity as depositary or custodian for, or nominee of, another person.

             (2)  The first person mentioned in subregulation (1) is a prescribed person if the person does not:

                     (a)  hold a beneficial interest in the share; or

                     (b)  have authority, by proxy or any other arrangement with the holder of the beneficial interest, to exercise in a discretionary way the voting rights attaching to the share.

Part 4Airline ownership

  

4.01  Purpose of Part 4

                   For paragraph 9(1)(c) of the Schedule to the Act, this Part prescribes a kind of interest in a share that must be disregarded in ascertaining whether, within the meaning of section 44 of the Act, an unacceptable airline‑ownership situation exists.

4.02  Prescribed interest in a share—investment fund whose trustee or manager is an associate of an airline

                   A person’s interest in a share is an interest of a prescribed kind if:

                     (a)  the interest is an interest in a share in an airline; and

                     (b)  the person, in his, her or its capacity as the trustee or manager of an investment fund, is an associate of the airline; and

                     (c)  the interest arose solely as a result of an action by the person in his, her or its capacity as trustee or manager of an investment fund.

4.03  Prescribed interest holder—investment fund whose trustee or manager is an associate of an airline

             (1)  A person to whom regulation 4.02 applies is prescribed if the Secretary declares the investment fund, of which the person is trustee or manager, to be a distanced investment fund.

             (2)  Application may be made by the person mentioned in subregulation (1) to the Secretary, in writing, for a declaration that an investment fund is a distanced investment fund.

             (3)  An application must be accompanied by evidence to establish:

                     (a)  the fact that neither the trustee or manager of the investment fund is an associate of the airline within the meaning of paragraph 5(1)(j) of the Schedule to the Act; and

                     (b)  the fact that the investment fund is a fund in which a beneficial interest in less than 40% of the capital, and 40% of the income, is held by persons who are foreign persons.

Note:          Paragraph 5(1)(j) of the Schedule to the Act mentions the situation where, for example, an airline is accustomed, or under an obligation, to act in accordance with the direction, instruction or wish of an associate.

             (4)  The Secretary must:

                     (a)  if reasonably satisfied that the investment fund is eligible to be declared a distanced investment fund:

                              (i)  make the declaration; and

                             (ii)  within 7 days of making the declaration:

                                        (A)  give a copy of the declaration to the applicant; and

                                        (B)  publish a notice of the declaration in the Gazette; or

                     (b)  if not so satisfied—refuse to make the declaration.

             (5)  If the Secretary refuses to make a declaration, the Secretary must, within 7 days of making that decision, give the applicant written notice of the decision:

                     (a)  stating the reasons for the decision; and

                     (b)  stating that, subject to the Administrative Appeals Tribunal Act 1975, the person may apply to the Administrative Appeals Tribunal for review of the decision.

             (6)  If an investment fund is declared, and the holder of the declaration is aware of the existence of a fact or circumstance that, had it existed and been known to the Secretary at the time the declaration was made, is likely to have resulted in the declaration not being made, the holder must give the Secretary details of the fact or circumstance, in writing, before the end of 7 days after becoming aware of it.

             (7)  If an investment fund is declared, the holder of the declaration must comply with any request from the Secretary to give the Secretary information reasonably available to the person that could affect the eligibility of the investment fund to remain declared a distanced investment fund.

             (8)  If an investment fund is declared, the holder of the declaration must, before the end of 30 days after each anniversary of the date on which the declaration is made, give the Secretary a written statement that the holder believes, if that is the case, that the investment fund is eligible to remain declared a distanced investment fund.

4.04  Airlines holding stakes in certain airport‑operator companies

             (1)  A person’s interest in a share is prescribed if the result of the person’s holding the interest is that an airline has a stake in the airport‑operator company for Essendon Fields, Archerfield, Moorabbin, Parafield or Jandakot Airport.

Note:          The effect of disregarding those interests is that the limitations on ownership by airlines do not apply to the 5 airports mentioned.

             (2)  The person is a prescribed person.

4.05  Associate—no action in concert etc

             (1)  An interest in a share is a prescribed interest if, after being counted to determine the direct control interests held by a person (the primary interest holder) in an airport‑operator company, the interest would, without this regulation, also be counted to determine the size and type of stake held by an irrelevant associate.

             (2)  For subregulation (1), a person is an irrelevant associate in relation to an interest in a share (a relevant share) held by the primary interest holder that results in the primary interest holder having a direct control interest in an airport‑operator company if:

                     (a)  the person is not a related entity of the primary interest holder; and

                     (b)  the person does not hold any direct control interest in the airport‑operator company arising from any relevant shares; and

                     (c)  the person is not an associate of the primary interest holder because of paragraph 5(1)(i) or (j), or subclause 5(2), of the Schedule to the Act.

             (3)  For subregulations (2) and (3), an entity (the first entity) is a related entity of another entity (the second entity) if:

                     (a)  the second entity controls the first entity; or

                     (b)  the first entity controls the second entity; or

                     (c)  the first entity and the second entity are controlled by the same person.

             (4)  For subregulation (3), a person controls an entity if:

                     (a)  for an entity that is a company, the person:

                              (i)  controls the entity within the meaning of section 50AA of the Corporations Act 2001; or

                             (ii)  has a direct control interest of at least 15% in the company; or

                     (b)  in any other case—the person controls the entity, within the meaning of section 50AA of the Corporations Act 2001.

             (5)  The primary interest holder is a prescribed person.

             (6)  For this regulation:

entity has the meaning given by section 64A of the Corporations Act 2001.

Part 5Cross‑ownership

  

5.01  Purpose of Part 5

                   For paragraph 9(1)(c) of the Schedule to the Act, this Part prescribes a kind of interest in a share that must be disregarded in ascertaining whether, within the meaning of section 50 of the Act, an unacceptable cross‑ownership situation exists.

5.02  Associate—no action in concert etc

             (1)  An interest is a prescribed interest if, after being counted to determine the direct control interests held by a person (the primary interest holder) in an airport‑operator company, the interest would, without this regulation, also be counted to determine the size and type of stake held by an irrelevant associate.

             (2)  For subregulation (1), a person is an irrelevant associate in relation to an interest in a share (a relevant share) held by the primary interest holder that results in the primary interest holder having a direct control interest in an airport‑operator company if:

                     (a)  the person is not a related entity of the primary interest holder; and

                     (b)  the person does not hold any direct control interest in the airport‑operator company arising from any relevant shares; and

                     (c)  the person is not an associate of the primary interest holder because of paragraph 5(1)(i) or (j), or subclause 5(2), of the Schedule to the Act; and

                     (d)  the primary interest holder and the person are each not an airport entity.

             (3)  For paragraph (2)(d), an airport entity is a person who:

                     (a)  owns, leases, controls or operates an airport; or

                     (b)  is a related entity of a person mentioned in paragraph (a).

             (4)  For subregulations (2) and (3), an entity (the first entity) is a related entity of another entity (the second entity) if:

                     (a)  the second entity controls the first entity; or

                     (b)  the first entity controls the second entity; or

                     (c)  both the first entity and the second entity are controlled by the same person.

             (5)  For subregulation (4), a person controls an entity if:

                     (a)  in the case of an entity that is a company, the person:

                              (i)  controls the entity within the meaning of section 50AA of the Corporations Act 2001; or

                             (ii)  has a relevant direct control interest in the company; or

                     (b)  in any other case—the person controls the entity, within the meaning of section 50AA of the Corporations Act 2001.

             (6)  For this regulation, a relevant direct control interest is:

                     (a)  in determining whether the primary interest holder and the person are related entities for paragraph (2)(a)—at least 15%; or

                     (b)  in determining whether a person is a related entity of a person mentioned in paragraph (3)(a)—at least 50%.

             (7)  The primary interest holder is a prescribed person.

             (8)  In this regulation:

entity has the meaning given by section 64A of the Corporations Act 2001.

5.03  Prescribed interest in a share—other airports

                   An interest in a share is an interest of a prescribed kind if the interest is an interest in a share in an airport‑operator company for:

                     (a)  Melbourne (Tullamarine) Airport; or

                     (b)  Brisbane Airport; or

                     (c)  Perth Airport.

5.04  Prescribed interest holder—other airports

             (1)  A person is a prescribed person if:

                     (a)  the person has an interest of a kind mentioned in regulation 5.03 (prescribed interest); and

                     (b)  the Secretary declares that the conditions set out in subregulation (3) have been met; and

                     (c)  the person, or an associate of the person, acquires a stake in the airport‑operator company for Sydney (Kingsford‑Smith) Airport.

             (2)  A person who has an interest of a kind mentioned in regulation 5.03, or an associate of a person who has an interest of a kind mentioned in regulation 5.03, (the applicant) may apply to the Secretary, in writing, for a declaration that the conditions mentioned in subregulation (3) have been met.

             (3)  For subregulations (1) and (2), the conditions are:

                     (a)  that the applicant has given an undertaking to the Secretary:

                              (i)  to dispose of the prescribed interest; or

                             (ii)  otherwise to ensure that its stake in an airport‑operator company mentioned in regulation 5.03 is reduced, so that an unacceptable cross‑ownership situation does not (and would not, in the absence of this regulation) exist in relation to a pair of airport‑operator companies and in relation to the applicant;

                            within 12 months after the applicant acquires a stake in the airport‑operator company for Sydney (Kingsford‑Smith) Airport; and

                     (b)  that the applicant has outlined to the Secretary a firm strategy and timetable to comply with the undertaking given under paragraph (a).

             (4)  The Secretary must:

                     (a)  if reasonably satisfied that the applicant has met the conditions, and that the application is made in good faith:

                              (i)  make the declaration; and

                             (ii)  within 7 days of making the declaration:

                                        (A)  give a copy of the declaration to the applicant; and

                                        (B)  publish a notice of the declaration in the Gazette; or

                     (b)  if not so satisfied—refuse to make the declaration.

             (5)  If the Secretary refuses to make a declaration, the Secretary must, within 7 days of making that decision, give the applicant written notice of the decision:

                     (a)  stating the reasons for the decision; and

                     (b)  stating that, subject to the Administrative Appeals Tribunal Act 1975, the applicant may apply to the Administrative Appeals Tribunal for review of the decision.

             (6)  If the Secretary makes a declaration under subregulation (4) in relation to an applicant, and the applicant is aware that it is no longer willing or able to comply with its undertaking under paragraph (3)(a), the applicant must tell the Secretary that this is so within 7 days after becoming aware of it.

             (7)  If the Secretary makes a declaration under subregulation (4) in relation to an applicant, the applicant must comply with any request from the Secretary to give the Secretary a report on the progress that it has made towards:

                     (a)  disposing of the prescribed interest; or

                     (b)  ensuring that its stake in an airport‑operator company mentioned in regulation 5.03 is reduced;

in accordance with its undertaking under paragraph (3)(a).

             (8)  A declaration under this regulation ceases to have effect, unless it is revoked earlier under regulation 6.01, at the end of 12 months after the applicant acquires a stake in the airport‑operator company for Sydney (Kingsford‑Smith) Airport.

             (9)  Despite regulation 5.03 and subregulation (1), a prescribed interest held by the applicant, or by an associate of the applicant, is disregarded only for the purpose of determining whether an unacceptable cross‑ownership situation is created by the acquisition of a stake in the airport‑operator company for Sydney (Kingsford‑Smith) Airport in relation to which the undertaking under paragraph (3)(a) is given.

Part 6Revocation of declarations and review of decisions

  

6.01  Revocation of a declaration

             (1)  The Secretary may revoke a declaration made under subregulation 2.07(4), 4.03(4) or 5.04(4) if:

                     (a)  there are reasonable grounds for believing that a fact or circumstance exists that, had it existed and been known to the Secretary at the time the declaration was made, is likely to have resulted in the declaration not being made; or

                     (b)  the holder of the declaration does not comply with subregulation 2.07(6), (7) or (8), 4.03(6), (7) or (8) or 5.04(6) or (7), as the case requires.

             (2)  A revocation takes effect 30 days after notification under subregulation (3).

             (3)  Before the end of 7 days after a declaration is revoked, the Secretary must give the holder written notice stating:

                     (a)  the reasons for the revocation; and

                     (b)  the date of effect of the revocation; and

                     (c)  that, subject to the Administrative Appeals Tribunal Act 1975, the holder may apply to the Administrative Appeals Tribunal for review of the decision to revoke the declaration.

6.02  Review of decisions

             (1)  Subject to the Administrative Appeals Tribunal Act 1975, an applicant for a declaration under regulation 2.07, 4.03 or 5.04 may apply to the Administrative Appeals Tribunal for review of a decision of the Secretary, under subregulation 2.07(4), 4.03(4) or 5.04(4), to refuse to make the declaration.

             (2)  Subject to the Administrative Appeals Tribunal Act 1975, a person in relation to whom a declaration under regulation 2.07, 4.03 or 5.04 is made may apply to the Administrative Appeals Tribunal for review of a decision of the Secretary, under subregulation 6.01(1), to revoke the declaration.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

341, 1996

24 Dec 1996

24 Dec 1996 (r 1)

 

92, 2001

17 May 2001

17 May 2001 (r 2)

347, 2001

21 Dec 2001

21 Dec 2001 (r 2)

82, 2002

3 May 2002

3 May 2002 (r 2)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Airports Legislation Amendment (Essendon Fields Airport) Regulations 2017

11 Oct 2017 (F2017L01341)

Sch 1 (item 6): 12 Oct 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

r 1.............................................

rs No 92, 2001

 

renum No 82, 2002

r 1.01 (prev r 1)

 

r 2.............................................

am No 92, 2001

 

renum No 82, 2002

r 1.02 (prev r 2)

 

r 3.............................................

am No 82, 2002

 

renum No 82, 2002

r 1.03 (prev r 3)

 

r 4.............................................

renum No 82, 2002

r 1.04 (prev r 4)

 

Part 2

 

Part 2 heading...........................

rs No 82, 2002

r 5.............................................

am No 82, 2002

 

renum No 82, 2002

r 2.01 (prev r 5)

 

r 5A..........................................

ad No 82, 2002

 

renum No 82, 2002

r 2.02 (prev r 5A)

 

r 5B...........................................

ad No 82, 2002

 

renum No 82, 2002

r 2.03 (prev r 5B)

 

r 5C...........................................

ad No 82, 2002

 

renum No 82, 2002

r 2.04 (prev r 5C)

 

r 5D..........................................

ad No 82, 2002

 

renum No 82, 2002

r 2.05 (prev r 5D)

 

r 6.............................................

rs No 92, 2001

 

am No 82, 2002

 

renum No 82, 2002

r 2.06 (prev r 6)

 

r 7.............................................

am No 92, 2001; No 82, 2002

 

renum No 82, 2002

r 2.07 (prev r 7)

 

Part 3

 

Part 2A......................................

ad No 82, 2002

 

renum No 82, 2002

Part 3 (prev Part 2A)

 

r 7A..........................................

ad No 82, 2002

 

renum No 82, 2002

r 3.01 (prev r 7A)

 

r 7B...........................................

ad No 82, 2002

 

renum No 82, 2002

r 3.02 (prev r 7B)

 

Part 4

 

Part 3 heading...........................

rs No 82, 2002

Part 3........................................

renum No 82, 2002

Part 4 (prev Part 3)

 

r 8.............................................

rs No 82, 2002

 

renum No 82, 2002

r 4.01 (prev r 8)

 

r 9.............................................

am No 92, 2001; No 82, 2002

 

renum No 82, 2002

r 4.02 (prev r 9)

 

r 10...........................................

am No 92, 2001; No 82, 2002

 

renum No 82, 2002

r 4.03 (prev r 10)

 

r 10AA......................................

ad No 347, 2001

 

am No 82, 2002

 

renum No 82, 2002

r 4.04 (prev r 10AA).................

am F2017L01341

r 10AAA...................................

ad No 82, 2002

 

renum No 82, 2002

r 4.05 (prev r 10AAA)

 

Part 5

 

Part 3A heading.........................

rs No 82, 2002

Part 3A......................................

ad No 92, 2001

 

renum No 82, 2002

Part 5 (prev Part 3A)

 

r 10A........................................

ad No 92, 2001

 

am No 82, 2002

 

renum No 82, 2002

r 5.01 (prev r 10A)

 

r 10AB......................................

ad No 82, 2002

 

renum No 82, 2002

r 5.02 (prev r 10AB)

 

r 10B.........................................

ad No 92, 2001

 

am No 82, 2002

 

renum No 82, 2002

r 5.03 (prev r 10B)

 

r 10C.........................................

ad No 92, 2001

 

am No 82, 2002

 

renum No 82, 2002

r 5.04 (prev r 10C)

 

Part 6

 

Part 4........................................

renum No 82, 2002

Part 6 (prev Part 4)

 

r 11...........................................

am No 92, 2001

 

renum No 82, 2002

r 6.01 (prev r 11)

 

r 12...........................................

rs No 92, 2001

 

renum No 82, 2002

r 6.02 (prev r 12)

 

 

Endnote 5—Miscellaneous

Renumbering Table

The renumbering of provisions of the Airports (Ownership—Interests in Shares) Regulations 1996, made by the Airports (Ownership—Interests in Shares) Amendment Regulations 2002 (No. 1) (No. 82, 2002) appears in the table below.

 


Old
number

New
number

Part 1

Part 1

Regulation

Regulation

1

1.01

2

1.02

3

1.03

4

1.04

Part 2

Part 2

Regulation

Regulation

5

2.01

5A

2.02

5B

2.03

5C

2.04

5D

2.05

6

2.06

7

2.07

Part 2A

Part 3

Regulation

Regulation

7A

3.01

7B

3.02

Part 3

Part 4

Regulation

Regulation

8

4.01

9

4.02

10

4.03

10AA

4.04

10AAA

4.05

Part 3A

Part 5

Regulation

Regulation

10A

5.01

10AB

5.02

10B

5.03

10C

5.04

Part 4

Part 6

Regulation

Regulation

11

6.01

12

6.02