Outer Space and High-altitude Activities Act 2017

53 Change of licensee or permit holder requires approval of Minister

(1)

A licensee or permit holder must not, without the prior approval of the Minister,—

(a)

transfer an interest in a licence or permit; or

(b)

if the licensee or permit holder is a body corporate, undergo a change of control.

(2)

A licensee or permit holder may apply to the Minister for approval of a transfer or change of control.

(3)

The application must be made in accordance with prescribed requirements.

(4)

When considering an application of a licensee or permit holder to undergo a change of control or to transfer an interest in a licence or permit, the Minister—

(a)

must consult the security Ministers in accordance with section 55; and

(b)

must take into account,—

(i)

in the case of a launch licence, all the matters in section 9 as if the application were an application for a new launch licence; and

(ii)

in the case of a payload permit, all the matters in section 17 as if the application were an application for a new payload permit; and

(iii)

in the case of an overseas launch licence, all the matters in section 25 as if the application were an application for a new overseas launch licence; and

(iv)

in the case of an overseas payload permit, all the matters in section 33 as if the application were an application for a new overseas payload permit; and

(v)

in the case of a facility licence, all the matters in section 40 as if the application were an application for a new facility licence; and

(vi)

in the case of a high-altitude licence, all the matters in section 47 as if the application were an application for a new high-altitude licence; and

(c)

must be satisfied that the licensee or permit holder following the transfer or change of control is likely to be able to comply with the conditions of, and give proper effect to, the licence or permit; and

(d)

may ask an applicant to supply any further information or documentation in support of the application.

(5)

The Minister must not consent to a transfer or change of control if a certificate is issued under section 55 in relation to the proposed transfer or change of control.

(6)

For the purposes of this section, a body corporate undergoes a change of control if—

(a)

a person obtains the power (whether directly or indirectly) to exercise, or control the exercise of, 50% or more of the voting rights in the corporate body; or

(b)

a person (person A) obtains, together with 1 or more specified persons, the power (whether directly or indirectly) to exercise, or control the exercise of, 50% or more of the voting rights in the corporate body.

(7)

In subsection (6)(b), a specified person, in relation to person A, means—

(a)

a person who is acting, or will act, jointly or in concert with person A in respect of exercising, or controlling the exercise of, the voting rights of the licensee or permit holder; or

(b)

a person who acts, or is accustomed to acting, in accordance with the wishes of person A.