Tony the Tiler
28th Feb 2014, 22:31
Debt guarantees and repealing legislation are all a side issue in the face of what is conveniently being ignored by your leaders. The Air Navigation Act of 1920. Now the two main players probably don’t want any light cast on this issue for their own reasons. Given that this is a rumour network, I presuppose the following-
Virgin don’t want investigations in this area for two obvious reasons
1) They might have to limit their foreign ownership to 49%, or
2) Cease international operations.
And Qantas probably has a reticence to expose the Virgin Australia International Holdings Pty Ltd (VAIH) structure as:
1) They want to emulate it once the Qantas Sale Act is repealed; and/or
2) They are worried that Singapore Airlines may react in kind and kill off Jetstar Asia (and any other opaque Asian investments)
Section 11A of the Air Navigation Act limits foreign shareholdings and relevant interests to 49% of an Australian international airline.
11A Foreign shareholdings in Australian international airlines
(1) The Minister may, by written notice, require an Australian international airline:
(a) to give to the Minister such information as is specified in the notice concerning the extent (if any) to which foreign persons have relevant interests in shares in the Australian international airline; or
(b) if foreign persons have relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline—to take all necessary action to ensure that its constitution complies with subsection (2).
(2) The constitution of an Australian international airline complies with this subsection if it:
(a) imposes restrictions on the issue and ownership (including joint ownership) of shares in the Australian international airline so as to prevent foreign persons having relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline; and
(c) confers the following powers on the directors of the Australian international airline to enable the directors to enforce the restrictions referred to in paragraph (a):
(i) the power to do anything necessary to effect the transfer of shares held by a person;
(ii) the power to remove or limit the right of a person to exercise voting rights attached to voting shares;
(iii) the power to end the appointment of a person to the office of director of the Australian international airline.
(3) For the purposes of this section, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share for the purposes of the Corporations Act 2001 if paragraph 608(3)(a) of that Act were disregarded
I don’t think it is in dispute that VAIH has limited its foreign shareholding to less than 49%. But maybe it’s worth seeing just how much of a ‘relevant interest’ VAH has in the operations of VAIH. If you truly want a level playing field, it may be time to review and ask the question – is the intent of Section 11A of the ANA being complied with?
Virgin don’t want investigations in this area for two obvious reasons
1) They might have to limit their foreign ownership to 49%, or
2) Cease international operations.
And Qantas probably has a reticence to expose the Virgin Australia International Holdings Pty Ltd (VAIH) structure as:
1) They want to emulate it once the Qantas Sale Act is repealed; and/or
2) They are worried that Singapore Airlines may react in kind and kill off Jetstar Asia (and any other opaque Asian investments)
Section 11A of the Air Navigation Act limits foreign shareholdings and relevant interests to 49% of an Australian international airline.
11A Foreign shareholdings in Australian international airlines
(1) The Minister may, by written notice, require an Australian international airline:
(a) to give to the Minister such information as is specified in the notice concerning the extent (if any) to which foreign persons have relevant interests in shares in the Australian international airline; or
(b) if foreign persons have relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline—to take all necessary action to ensure that its constitution complies with subsection (2).
(2) The constitution of an Australian international airline complies with this subsection if it:
(a) imposes restrictions on the issue and ownership (including joint ownership) of shares in the Australian international airline so as to prevent foreign persons having relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline; and
(c) confers the following powers on the directors of the Australian international airline to enable the directors to enforce the restrictions referred to in paragraph (a):
(i) the power to do anything necessary to effect the transfer of shares held by a person;
(ii) the power to remove or limit the right of a person to exercise voting rights attached to voting shares;
(iii) the power to end the appointment of a person to the office of director of the Australian international airline.
(3) For the purposes of this section, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share for the purposes of the Corporations Act 2001 if paragraph 608(3)(a) of that Act were disregarded
I don’t think it is in dispute that VAIH has limited its foreign shareholding to less than 49%. But maybe it’s worth seeing just how much of a ‘relevant interest’ VAH has in the operations of VAIH. If you truly want a level playing field, it may be time to review and ask the question – is the intent of Section 11A of the ANA being complied with?