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Old 19th Nov 2011, 13:12
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Prince Niccolo M
 
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Devil Not a Qantas Pilot

WoodenEye,

I'm not a Qantas pilot, just an interested bystander intrigued by that email.

Out of interest, I had a bit of a look at the Qantas Sale Act. I think that the statement you quoted "that QSA 92: ‘currently only allows an application to the Court for injunctions by the Minister" is factually correct. But I don't think it is correct to say that any existing shareholders rights are at risk at all.

Here's my slant on it:

The Minister (or the Minister's Delegate) whilst acting in that capacity has no standing under the Corporations Act 2001 to apply to the Federal Court for injunctive relief in regard to any nefarious activities at Qantas. Therefore, section 10 of the Sale Act specifically created Ministerial standing as part of the national interest provisions.

Importantly, section 13 of the Sale Act means that neither Act interferes with the other. My understanding is that any amendments to section 10 of the Sale Act would operate the same way and that no rights available to shareholders under the Corporations Act 2001 would be affected in any way by the Sale Act.

As an aside, that probably means that the proposed amendment to include the shareholders is moot, except to the extent that the Corporations Act 2001 does not provide the same grounds to shareholders as would the amended section 10.
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