Bill returned from the Senate with amendments.

Ordered that the amendments be taken into consideration forthwith.

Senate's amendments—

(1)   Clause 3, page 2 (after line 16), after paragraph (f), insert:

   (fa)   to ensure diversity of ownership and control of certain major airports;

(2)   Clause 4, page 3 (after line 20), after paragraph (b), insert:

   (c)   a 15% limit on cross-ownership for Sydney/Melbourne, Sydney/Brisbane and Sydney/Perth airports.

(3)   Clause 5, page 9 (after line 6), after the definition of moneylending agreement , insert:

pair of airport-operator companies has the meaning given by section 47B.

(4)   Clause 5, page 9 (after line 18), after the definition of scheme , insert:

   significant ANEF levels means a noise above 30 ANEF levels.

(5)   Clause 5, page 9 (after line 21), after the definition of unacceptable airline-ownership situation , insert:

unacceptable cross-ownership situation has the meaning given by section 47C.

(6)   Clause 21, page 19 (line 18), omit "grant.", substitute "grant; or".

(7)   Clause 21, page 19 (after line 18), at the end of subclause (1), add:

(c)   both:

   (i)   the company would become a member of a pair of airport-operator companies in the event of the grant; and

   (ii)   an unacceptable cross-ownership situation in relation to the pair would come into existence in the event of the grant.

(8)   Clause 25, page 22 (line 9), omit "transfer.", substitute "transfer; or".

(9)   Clause 25, page 22 (after line 9), at the end of the clause, add:

   (c)   both:

      (i)   the company would become a member of a pair of airport-operator companies in the event of the transfer; and

      (ii)   an unacceptable cross-ownership situation in relation to the pair would come into existence in the event of the transfer.

(10)   Clause 33, page 27 (line 25), omit "into.", substitute "into; or".

(11)   Clause 33, page 27 (after line 25), at the end of subclause (3), add:

   (c)   both:

      (i)   the company would become a member of a pair of airport-operator companies in the event that the agreement was entered into; and

      (ii)   an unacceptable cross-ownership situation in relation to the pair would come into existence in the event that the agreement was entered into.

(12)   Clause 38, page 32 (after line 10), after paragraph (b), insert:

   (c)   a 15% limit on cross-ownership for Sydney/Melbourne, Sydney/Brisbane and Sydney/Perth airports.

(13)   Page 40 (after line 6), after Division 4, insert:

Division 4A—Limits on cross-ownership of pairs of airport-operator companies

Subdivision A—Simplified outline

   47A Simplified outline

   The following is a simplified outline of this Division:

Subdivision B—Pairs of airport-operator companies

   47B Pairs of airport-operator companies

   For the purposes of this Act, a group of 2 airport-operator companies constitute a pair of airport-operator companies if:

   (a)   one of the companies is mentioned in a box in the left-hand column of the following table; and

   (b)   the other company is mentioned in the corresponding box in the right-hand column of the table.

For the purposes of this Act, the members of that pair are those companies.

Subdivision C—15% limit on cross-ownership

   47C Meaning of unacceptable cross-ownership situation

   For the purposes of this Act, an unacceptable cross-ownership situation exists in relation to a pair of airport-operator companies (the first company and the second company ) and in relation to a particular person if:

   (a)   the person holds a particular type of stake in the first company of more than 15%; and

   (b)   the person holds any type of stake in the second company of more than 15%.

   Note:   A person's stake includes the interests of the person's associates—see the Schedule.

      47D Acquisitions of shares

   If:

   (a)   a person, or 2 or more persons under an arrangement, acquire shares in a company; and

   (b)   the acquisition has the result, in relation to a particular pair of airport-operator companies (the first company and the second company ), that:

      (i)   an unacceptable cross-ownership situation comes into existence in relation to the pair and in relation to a person; or

      (ii)   if an unacceptable cross-ownership situation already exists in relation to the pair and in relation to a particular person—there is an increase in any type of stake held by the person in either the first company or the second company; and

   (c)   the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result;

the person or persons mentioned in paragraph (a) are guilty of an offence punishable on conviction by a fine not exceeding 400 penalty units.

   47E Compliance by airport-operator companies

(1)   A member of a pair of airport-operator companies must take all reasonable steps to ensure that an unacceptable cross-ownership situation does not exist in relation to that pair.

(2)   A company that knowingly or recklessly contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 500 penalty units.

   47F Remedial orders

(1)   If an unacceptable cross-ownership situation exists in relation to a pair of airport-operator companies, the Federal Court may, on application by the Minister or a member of the pair, make such orders as the court considers appropriate for the purpose of ensuring that the situation ceases to exist.

(2)   The Federal Court's orders include:

   (a)   an order directing the disposal of shares; or

   (b)   an order restraining the exercise of any rights attached to shares; or

   (c)   an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

   (d)   an order that any exercise of rights attached to shares be disregarded.

(3)   Subsection (2) does not, by implication, limit subsection (1).

(4)   In addition to the Federal Court's powers under subsections (1) and (2), the court:

   (a)   has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

   (b)   has power to make an order containing such ancillary or consequential provisions as the court thinks just.

(5)   The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.

(6)   The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Subdivision D—Practical control

   47G Meaning of control

   In this Subdivision:

control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.

      47H Minister may declare person to have practical control of an airport-operator company

Declaration

(1)   If:

   (a)   the Minister is satisfied that:

      (i)   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); or

      (ii)   a person (either alone or together with associates) is in a position to exercise control over an airport-operator company; and

   (b)   the Minister is satisfied that:

      (i)   the person does not have any type of stake in the company; or

      (ii)   if the person has one or more types of stake in the company—each of those stakes is not more than 15%;

the Minister may declare that the person has practical control of the airport-operator company for the purposes of this Act.

Declaration has effect

(2)   A declaration under this section has effect accordingly.

Revocation of declaration

(3)   If:

      (a)   a declaration is in force under this section; and

      (b)   the Minister ceases to be satisfied of the matters referred to in paragraphs (1)(a) and (b);

the Minister must revoke the declaration.

Gazettal and notification of declaration

(4)   If a declaration under this section is made or revoked, the Minister must arrange for a copy of the declaration or revocation:

   (a)   to be published in the Gazette ; and

   (b)   to be given to the airport-operator company and the person concerned.

      47J Requirement to relinquish practical control or reduce stake

(1)   If a person:

   (a)   has practical control of a particular airport-operator company (the first company ); and

   (b)   the first company is a member of a pair of airport-operator companies; and

   (c)   either of the following subparagraphs applies to the other member of the pair:

      (i)   the person has practical control of the other member;

      (ii)   the person has a particular type of stake in the other member of more than 15%;

the person must take such steps as are necessary to ensure that there is at least one member of the pair where both of the following paragraphs apply:

   (d)   both:

      (i)   the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and

      (ii)   the person (either alone or together with associates) is not in a position to exercise control over the company;

   (e)   either:

      (i)   the person does not have any type of stake in the company; or

      (ii)   if the person has one or more types of stake in the company—each of those stakes is not more than 15%.

The person must take those steps:

   (f)   within 90 days after receiving the copy of the most recent declaration under section 47H relating to the practical control of the first company or the other member of the pair; or

   (g)   if the Minister, by written notice given to the person, allows a longer period for compliance—before the end of that longer period.

   Note:    Practical control has the meaning given by section 47H.

(2)   A person who knowingly or recklessly contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 400 penalty units.

      47K Remedial orders

(1)   If a person:

   (a)   has practical control of a particular airport-operator company (the first company ); and

   (b)   the first company is a member of a pair of airport-operator companies; and

   (c)   either of the following subparagraphs applies to the other member of the pair:

      (i)   the person has practical control of the other member;

      (ii)   the person has a particular type of stake in the other member of more than 15%;

the Federal Court may, on application by the Minister, make such orders as the court considers appropriate to ensure that there is at least one member of the pair where both of the following paragraphs apply:

   (d)   both:

      (i)   the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and

      (ii)   the person (either alone or together with associates) is not in a position to exercise control over the company;

   (e)   either:

      (i)   the person does not have any type of stake in the company; or

      (ii)   if the person has one or more types of stake in the company—each of those stakes is not more than 15%.

   Note:    Practical control has the meaning given by section 47H.

(2)   The Federal Court's orders include:

   (a)   an order directing the disposal of shares; or

   (b)   an order restraining the exercise of any rights attached to shares; or

   (c)   an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

   (d)   an order that any exercise of rights attached to shares be disregarded.

(3)   Subsection (2) does not, by implication, limit subsection (1).

(4)   In addition to the Federal Court's powers under subsections (1) and (2), the court:

   (a)   has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

   (b)   has power to make an order containing such ancillary or consequential provisions as the court thinks just.

(5)   The Federal Court may, before making an order under this section, direct that notice of the Minister's application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.

(6)   The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

(14)   Clause 50, page 43 (lines 11 to 17), omit subclause (6), substitute:

Definition

(6)   For the purposes of this section, each of the following matters is an ownership/control 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 47G.

(15)   Clause 61, page 53 (after line 8), after paragraph (d), insert:

   (da)   the airport-lessee company's plans, developed following consultations with the airlines that use the airport and local government bodies in the vicinity of the airport, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and

(16)   Clause 61, page 53 (after line 11), after paragraph (e), insert:

   (ea)   the airport-lessee company's plans for dealing with the environmental issues mentioned in paragraph (e) (including plans for ameliorating or preventing environmental impacts); and

   (eb)   if a draft environmental strategy for the airport has been approved—the date of that approval; and

(17)   Clause 61, page 53 (line 13), omit "(d) and (e)", substitute "(d), (da), (e), (ea) and (eb)".

(18)   Clause 61, page 54 (after line 3), after paragraph (d), insert:

   (da)   the airport-lessee company's plans, developed following consultations with the airlines that use the airport, local government bodies in the vicinity of the airport and the Department of Defence, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and

(19)   Clause 61, page 54 (after line 6), after paragraph (e), insert:

   (ea)   the airport-lessee company's plans for dealing with the environmental issues mentioned in paragraph (e) (including plans for ameliorating or preventing environmental impacts); and

   (eb)   if a draft environmental strategy for the airport has been approved—the date of the approval; and

(20)   Clause 61, page 54 (line 8), omit "(d) and (e)", substitute "(d), (da), (e), (ea) and (eb)".

(21)   Clause 61, page 54 (after line 31), at the end of the clause, add:

(8)   In developing plans referred to in paragraph (2)(da) and (3)(da), an airport-lessee company must have regard to Australian Standard AS2021—1994 ("Acoustics—Aircraft noise intrusion—Building siting and construction").

(9)   Subsection (8) does not, by implication, limit the matters to which regard may be had.

(22)   Clause 68, page 56 (line 28) to page 57 (line 3), omit paragraphs (a) and (b), substitute:

   (a)   within 180 days after the day on which the notice was given; or

(23)   Clause 69, page 58 (lines 11 and 12), omit subclause (4).

(24)   Clause 70, page 58 (lines 29 and 30), omit subclause (3).

(25)   Clause 71, page 59 (lines 1 to 6), omit the clause.

(26)   Clause 80, page 67 (after line 5), after paragraph (l), insert:

      (la)   a development of a kind that is likely to have significant environmental or ecological impact; or

      (lb)   if a final environmental strategy is in force for the airport—a development which affects an area identified as environmentally significant in the environmental strategy; or

(27)   Clause 80, page 67 (line 7), omit "and (l)", substitute ", (l) , (la) and (lb)".

(28)   Clause 81, page 68 (line 6), omit "250", substitute "2000".

(29)   Clause 81, page 68 (lines 23 to 25), omit subsection (6), substitute:

      (6)   A person who or company that intentionally or recklessly contravenes subsection (4) or (5) is guilty of an offence punishable on conviction by a fine not exceeding 400 penalty units.

(30)   Clause 82, page 69 (after line 11), after paragraph (e), insert:

      (ea)   the airport-lessee company's plans, developed following consultations with the airlines that use the airport, local government bodies in the vicinity of the airport and—if the airport is a joint user airport—the Department of Defence, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and

(31)   Clause 82, page 69 (after line 18), after paragraph (g), insert:

      (ga)   the airport-lessee company's plans for dealing with the environmental impacts mentioned in paragraph (g) (including plans for ameliorating or preventing environmental impacts); and

      (gb)   if a draft environmental strategy has been approved—the date of the approval; and

(32)   Clause 82, page 69 (line 20), omit "(g)", substitute "(gb)".

(33)   Clause 82, page 69 (after line 31), at the end of the clause, add:

      (6)   In developing plans referred to in paragraph (l)(ea), an airport-lessee company must have regard to Australian Standard AS2021—1994 ("Acoustics—Aircraft noise intrusion—Building siting and construction").

      (7)   Subsection (6) does not, by implication, limit the matters to which regard may be had.

(34)   Clause 107, page 90 (after line 19), after paragraph (a), insert:

      (aa)   the areas if any within the airport site which the airport-lessee company, in consultation with State or Territory and Federal conservation bodies, identifies are environmentally significant; and

(35)   Clause 107, page 91 (after line 17), after paragraph (a), insert:

      (aa)   the areas if any within the airport site which the airport-lessee company, in consultation with State or Territory and Federal conservation bodies, identifies are environmentally significant; and

(36)   Clause 114, page 94 (lines 15 to 20), omit paragraphs (a) and (b), substitute:

      (a)   within 180 days after the day on which the notice was given; or

(37)   Clause 115, page 95 (lines 29 to 31), omit subclause (4).

(38)   Clause 116, page 96 (lines 17 to 19), omit subclause (3).

(39)   Clause 117, page 96 (lines 20 to 25), omit the clause.

(40)   Clause 118, page 97 (after line 8), after paragraph (a), insert:

      (aa)   the effect that the carrying out of the strategy would be likely to have on:

         (i)   biota or habitat; or

         (ii)   natural or heritage values; or

         (iii)   sites of significance to Aboriginal or Torres Strait Islander people;

(41)   Clause 124, page 101 (after line 9), after paragraph (a), insert:

      (aa)   impacts on biota or habitat; or

      (ab)   interference with sites of heritage value; or

      (ac)   interference with sites of significance to Aboriginal or Torres Strait Islander people; or

(42)   Clause 125, page 101 (after line 27), after paragraph (a), insert:

      (aa)   monitoring, mitigating, remedying or rectifying contraventions of section 124 regulations relating to impacts on biota or habitat; or

      (ab)   monitoring, mitigating, remedying or rectifying contraventions of section 124 regulations relating to interference with sites of heritage value; or

      (ac)   monitoring, mitigating, remedying or rectifying contraventions of section 124 regulations relating to interfer ence with sites of significance to indigenous people; or

(43)   Clause 128, page 104 (lines 2 and 3), omit "124(1)(a), (b) or (c) or 125(1)(a), (b) or (c)", substitute "124(1)(a), (aa), (ab), (ac), (b) or (c) or 125(1)(a), (aa), (ab), (ac), (b) or (c)".

(44)   Clause 210, page 166 (after line 7), after subclause (2), insert:

(2A)   If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 47D, the Federal Court may, on the application of a member of the pair of companies referred to in that section, grant an injunction:

   (a)   restraining the person from engaging in the conduct; and

   (b)   if, in the court's opinion, it is desirable to do so—requiring the person to do something.

(45)   Clause 234, page 184 (after line 13), after paragraph (c), insert:

   (ca)   a decision under section 47H (which deals with the practical control of airport-operator companies);

(46)   Clause 235, page 185 (after line 17), after paragraph (c), insert:

   (ca)   a decision to make a declaration under section 47H (which deals with the practical control of airport-operator companies);

(47)   Clause 237, page 186 (line 15), omit "or 4", substitute ", 4 or 4A".

(48)   Schedule, clause 2, page 197 (after line 3), after the definition of power to appoint a director of a company , insert:

practical control , in relation to an airport-operator company, has the meaning given by section 47H.

(49)   Schedule, clause 9, page 202 (after line 19), at the end of subclause (1), add:

   (d)   an interest in a share held by the Commonwealth.

(50)   Schedule, clause 14, page 206 (line 13), omit "foreign company", substitute "foreign person".

   Note:   The heading to clause 14 of the Schedule is altered by omitting "foreign companies ", and substituting "foreign persons ".

(51)   Schedule, clause 14, page 206 (line 14), omit "another", substitute "a".

(52)   Schedule, clause 14, page 207 (line 8), omit "foreign company", substitute "foreign person".

(53)   Schedule, clause 14, page 207 (line 11), omit "foreign company", substitute "foreign person".

(54)   Schedule, clause 14, page 207 (lines 12 and 13), omit "foreign company", substitute "foreign person".