Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Qantas Sale (Keep Jetstar Australian) Amendment Bill 2007 [2008]

Schedule 1 Amendment of the Qantas Sale Act 1992

1  Section 9 (heading)

Omit “ Qantas to maintain a register of shares in which foreign persons have a relevant interest ”, substitute “ Additional obligations of Qantas ”.

2  At the end of section 9


             (5)  Qantas must ensure that:

                     (a)  the head office of Qantas and each associated entity is located in Australia;

                     (b)  the facilities taken in aggregate which are used by Qantas and by any associated entity in the provision of scheduled international air transport services (for example, facilities for the maintenance and housing of aircraft, catering, flight operations, training and administration), located in Australia, when compared with those located in any other country, represent the principal operational centre for Qantas and its associated entities;

                     (c)  at all times, at least two-thirds of the directors of Qantas and the directors of each associated entity are Australian citizens;

                     (d)  at a meeting of the board of directors of Qantas and of a meeting of the board of directors of each associated entity, the director presiding at its meeting (however described) is an Australian citizen.

             (6)  Qantas and each associated entity must not, directly or indirectly, enter into, commence to carry out, or carry out any scheme if it would be concluded that the person or any of the persons who entered into, commenced to carry out or carried out the scheme or any part of the scheme did so for a material purpose of avoiding the application or operation of any provision of this Act (including any of the mandatory articles), and any such scheme will have no force or effect.

             (7)  In this section, scheme means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

             (8)  In the section, whether an entity is an associated entity of Qantas is to be determined in the same manner as that question is determined under the Corporations Act 2001 .