On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 18/05/2009.
60.
—(1) The Authority may issue any direction to a person under subsection (2) or (3) if the Authority is satisfied that —
(a)
the person has contravened section 57(1) or 58(1);
(b)
in the case of a person who has obtained the Authority’s approval under section 57(1) or who has been exempted from section 57(1) —
(i)
the person is not or ceases to be a fit and proper person;
(ii)
having regard to the person’s likely influence, the airport licensee or the trustee-manager of the business trust that is a designated business trust, as the case may be, is not, or is no longer, likely to conduct the business of the airport licensee or business trust prudently or to comply with the provisions of this Act; or
(iii)
it is not, or is no longer, in the public interest to allow the person to continue to be a 5% controller or an indirect controller, as the case may be;
(c)
in the case of a person who has obtained the Authority’s approval under section 58(1) or who has been exempted from section 58(1), and who has acquired as a going concern a business referred to in section 58(1) —
(i)
the person is not or ceases to be a fit and proper person; or
(ii)
it is not, or is no longer, in the public interest to allow the person to continue to own or manage that business;
(d)
any condition of approval imposed on the person under section 57 or 58 has not been complied with;
(e)
the person has furnished false or misleading information or documents in connection with the person’s application for approval under section 57 or 58; or
(f)
the Authority would not have granted its approval under section 57 or 58 had it been aware, at that time, of circumstances relevant to the person’s application for such approval.
(2) Where a person is a 5% controller or an indirect controller of an airport licensee or a designated business trust, the Authority may —
(a)
direct the person to take such steps as are necessary, within such period as may be specified by the Authority, to ensure that he ceases to be a 5% controller or an indirect controller of the airport licensee or designated business trust;
(b)
direct the transfer or disposal of all or any of the equity interest held by the person or any of his associates (referred to in this section and section 61 as the specified equity interest) within such time and subject to such conditions as the Authority considers appropriate;
(c)
restrict the transfer or disposal of the specified equity interest; or
(d)
make such other direction as the Authority considers appropriate.
(3) Where a person has acquired as a going concern a business referred to in section 58(1), the Authority may —
(a)
direct the person to transfer or dispose of all or any part of the business within such time and subject to such conditions as the Authority considers appropriate;
(b)
restrict the transfer or disposal of all or any part of the business; or
(c)
make such other direction as the Authority considers appropriate.
(4) Before issuing any direction to a person under subsection (2) or (3), the Authority shall, unless the Authority decides that it is not practicable or desirable to do so, give to the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction.
(5) Upon receipt of any written representation referred to in subsection (4), the Authority shall consider it for the purpose of determining whether to issue the direction.
(6) Any person to whom a direction is issued under this section shall comply with the direction.
(7) Any person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part thereof during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.
(8) The Authority may, at any time, rescind, vary or discharge any direction given by it under this section or suspend the operation of any such direction.