FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS
- In force under the Foreign Acquisitions and Takeovers Act 1975
- Updated as at 4 March 1994 (HISTREG CHAP 681 #DATE 04:03:1994)
*1* The Foreign Acquisitions and Takeovers (Notices) Regulations (in force
under the Foreign Acquisitions and Takeovers Act 1975) as shown in this
reprint comprise Statutory Rules 1975 No. 226 amended as indicated in the
Tables below.
Table of Statutory Rules
Year and Date of Date of Application, saving or
number notification in commencement transitional provisions
Gazette
1975 No. 226 30 Dec 1975 1 Jan 1976 (see
r. 2 and Gazette
1975, No. S267)
1976 No. 203 23 Sept 1976 Rr. 1 and 3: -
1 Jan 1976
Remainder:
23 Sept 1976
1989 No. 178 6 July 1989 1 Aug 1989 (see -
Gazette 1989, No. S240)
as amended by
1989 No. 197 31 July 1989 1 Aug 1989 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 1 am. 1989 No. 178
Rr. 3, 4 am. 1989 No. 178
R. 6 rs. 1976 No. 203
am. 1989 No. 178
R. 8 am. 1989 No. 178
Schedule am. 1976 No. 203
rs. 1989 No. 178
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Prescribed forms of notice
5. Balance sheet and profit and loss account to be furnished by
corporation
6. Documents relating to agreement or arrangement
7. Constituent document
8. Person signing notice
SCHEDULE
FORMS
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Foreign Acquisitions and Takeovers
(Notices) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 2
Commencement
2. These Regulations shall come into operation on the date of commencement
of the Act.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 3
Interpretation
3. In these Regulations, "the Act" means the Foreign Acquisitions and
Takeovers Act 1975.
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 4
Prescribed forms of notice
4. (1) The prescribed form of notice under section 25 of the Act is Form 1
in the Schedule.
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(2) The prescribed form of notice under section 26 of the Act is Form 2 in
the Schedule.
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(3) The prescribed form of notice under section 26A of the Act is Form 3 in
the Schedule.
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 5
Balance sheet and profit and loss account to be furnished by corporation
5. Where a corporation furnishes a notice under section 25 of the Act
stating that:
(a) the corporation proposes to enter into an agreement, being an agreement
in relation to the affairs of the corporation;
(b) the corporation proposes to enter into or terminate an arrangement,
being an arrangement in relation to an Australian business of the
corporation;
(c) the corporation proposes to issue shares; or
(d) it is proposed to alter a constituent document of the corporation;
the corporation shall annex to the notice a copy of the balance sheet and a
copy of the profit and loss account of the corporation for each period in
relation to which a profit and loss account of the corporation has been laid
before it in general meeting during the preceding four years.
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 6
Documents relating to agreement or arrangement
6. Where a person furnishes:
(a) a notice under section 25 of the Act stating that the person proposes to
enter into an agreement, being an agreement of the kind referred to in section
20 of the Act, or to enter into or terminate an arrangement, being an
arrangement of the kind referred to in section 21 of the Act; or
(b) a notice under section 26 or 26A of the Act;
the person shall annex to the notice copies of all documents and other papers
in the person's possession or control relating to or evidencing the agreement
or arrangement to which the notice relates.
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 7
Constituent document
7. Where a corporation furnishes a notice under section 25 of the Act
stating that it is proposed to alter a constituent document of the
corporation, the corporation shall annex to the notice a copy of that
constituent document.
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - REG 8
Person signing notice
8. (1) A notice under section 25, 26 or 26A of the Act furnished by a
natural person shall be signed:
(a) if the person is not ordinarily resident in Australia - by that person
or by his Australian agent; or
(b) in any other case - by the person furnishing the notice.
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(2) A notice under section 25, 26 or 26A of the Act furnished by a
corporation shall be signed by a person authorized in writing by the
corporation to sign the notice for and on behalf of the corporation.
FOREIGN ACQUISITIONS AND TAKEOVERS (NOTICES) REGULATIONS - SCHEDULE
SCH
SCHEDULE
FORM 1 Subregulation 4 (1)
Foreign Acquisitions and Takeovers Act 1975
NOTICE UNDER SECTION 25
General Directions
1. The person furnishing this Notice must annex to the Notice such
documents (if any) as are required under regulations 5, 6 and 7 of the
Foreign Acquisitions and Takeovers (Notices) Regulations to be annexed
to this Notice.
2. Where, in relation to any matter, the space provided in this Notice
is insufficient to insert the required particulars, show the particulars
in a separate annexure to this Notice.
3. This Notice must be signed in the manner prescribed by regulation 8
of the Foreign Acquisitions and Takeovers (Notices) Regulations.
To the Treasurer,
Notice is given under section 25 of the Foreign Acquisitions and
Takeovers Act 1975 that
(a)(1) , being the person particulars in relation to whom are set
out in Part I of this Notice,
- proposes (or has an option or proposes to acquire an option) to
acquire shares in(2) , being the corporation particulars in
relation to which are set out in Part II of this Notice.
or
- proposes (or has an option or proposes to acquire an option) to
acquire assets of an Australian business carried on by(3) , being
the person particulars in relation to whom are set out in Part II of
this Notice.
or
- proposes to enter into an agreement with(4) , in relation to
the affairs of(5) , being the corporation particulars in relation
to which are set out in Part II of this Notice.
or
- proposes to enter into an agreement in relation to that person's
affairs with(6) , being the person particulars of whom are set out
in Part II of this Notice.
or
- proposes to enter into an arrangement (or to terminate an arrangement
entered into) with(7) , being the person particulars in relation
to whom are set out in Part II of this Notice, in relation to an
Australian business carried on by(8) ,
or
- proposes (or has an option or proposes to acquire an option) to
acquire an interest in(9) , being an interest in Australian urban
land, the details of which are set out in Part II of this Notice.
or
- proposes to issue shares.
or
(b) it is proposed to alter a constituent document of(10) , being
the corporation particulars in relation to which are set out in Part I
of this Notice.
Particulars relating to the relevant shares (or assets, or agreement, or
arrangement, or issue of shares, or interest in Australian urban land,
or constituent document) are set out in Part III of this Notice.
The particulars specified in so much of Parts I, II and III of this
Notice as is applicable in accordance with the directions relating to
those Parts are, to the best of my knowledge, information and belief,
true and correct.
Signed by(11) .
Full name .
(1) Insert name of natural person, corporation or trustee giving notice.
(2) Insert name of corporation in which person giving notice proposes to
acquire shares.
(3) Insert name of person who carries on Australian business.
(4) Insert name of other party to agreement.
(5) Insert name of Australian corporation to the affairs of which the
agreement relates.
(6) Insert name of other party to agreement.
(7) Insert name of other party to arrangement.
(8) Insert name of person by whom Australian business is carried on.
(9) Insert name of property in which an interest is to be acquired.
(10) Insert name of corporation a constituent document of which is to be
altered.
(11) To be signed by a natural person giving notice or his or her
Australian agent (if natural person not ordinarily resident in
Australia) or person authorised in writing to sign this Notice on behalf
of a corporation or trust estate.
PART I
PARTICULARS RELATING TO PERSON GIVING NOTICE
Directions relating to Part I
1. Division 1 of this Part is to be completed where the person giving
notice is a natural person.
2. Division 2 of this Part is to be completed where the person giving
notice is a corporation.
3. Division 3 of this Part is to be completed where the person giving
notice is a trustee.
DIVISION 1
PARTICULARS RELATING TO NATURAL PERSON GIVING NOTICE
Full name
Country where ordinarily resident
Address in that country
Address for service in Australia
State or Territory
Postcode
Telephone No
(Specify STD Code)
Telex No
Facsimile No
Particulars of Australian agent (if any):
Full name
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
DIVISION 2
PARTICULARS RELATING TO CORPORATION GIVING NOTICE
Name of corporation
Place of incorporation
Address of Head Office
Address of registered office in Australia
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
If corporation giving Notice is an Australian subsidiary of a foreign
corporation, give details of foreign person(s) holding a substantial
shareholding in Australian corporation giving notice Particulars of
corporation's *agent (or principal officer) in Australia:
Full name
Title of principal officer
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No *(Delete whichever is inapplicable.)
DIVISION 3 PARTICULARS RELATING TO TRUSTEE GIVING NOTICE
Name of trust
Name of trustee
Address of trustee
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No (Please attach a copy of trust deed to this Notice.)
Particulars of Australian agent (if any):
Full name
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
PART II
PARTICULARS RELATING TO PERSONS OTHER THAN PERSON GIVING NOTICE
Directions relating to Part II
1. Where the person giving notice states that the person proposes to
acquire shares in a corporation, Division 2 of this Part is to be
completed in relation to that corporation.
2. Where the person giving notice states that the person proposes to
acquire the assets of an Australian business:
(a)if the person carrying on the Australian business is a natural person
- Division 1 of this Part is to be completed in relation to that natural
person; or
(b)if the person carrying on the Australian business is a corporation -
Division 2 of this Part is to be completed in relation to that
corporation.
3. Where the person giving notice states that the person proposes to
enter into an agreement in relation to the affairs of an Australian
corporation (not being the person giving notice) that carries on an
Australian business, Division 2 of this Part is to be completed in
relation to that corporation.
4. Where the person giving notice, being an Australian corporation that
carries on an Australian business, states that it proposes to enter into
an agreement with another person in relation to the affairs of the
corporation:
(a) if that other person is a natural person - Division 1 of this Part
is to be completed in relation to that natural person; or
(b) if that other person is a corporation - Division 2 of this Part is
to be completed in relation to that corporation.
5. Where the person giving notice states that the person proposes to
enter into an arrangement, or terminate an arrangement entered into,
with another person in relation to an Australian business carried on by
that other person:
(a) if that other person is a natural person - Division 1 of this Part
is to be completed in relation to that natural person; or
(b) if that other person is a corporation - Division 2 of this Part is
to be completed in relation to that corporation.
6. Where the person giving notice, being a person carrying on an
Australian business, states that the person proposes to enter into an
arrangement, or terminate an arrangement entered into, with another
person in relation to the Australian business carried on by the person
giving notice:
(a) if that other person is a natural person - Division 1 of this Part
is to be completed in relation to that natural person; or
(b) if that other person is a corporation - Division 2 of this Part is
to be completed in relation to that corporation.
7. This Part need not be completed where:
(a) a corporation giving notice states that:
(i) it proposes to issue shares; or
(ii) it is proposed to alter a constituent document of the corporation;
or
(b) a person, corporation or trustee giving notice states that he, she
or it proposes (or has an option or proposes to acquire an option) to
acquire an interest in Australian urban land.
DIVISION 1
PARTICULARS RELATING TO NATURAL PERSON
Full name
Country where ordinarily resident
Address in that country
DIVISION 2
PARTICULARS RELATING TO CORPORATION
Name of corporation State, Territory or country where incorporated
Address of registered or head office in that State, Territory or country
PART III
PARTICULARS RELATING TO RELEVANT SHARES, ASSETS, AGREEMENT, ARRANGEMENT,
CONSTITUENT DOCUMENT OR AUSTRALIAN URBAN LAND
Directions relating to Part III
1. Where the person giving notice states that the person proposes (or
has an option, or proposes to acquire an option) to acquire shares in
the corporation referred to in Division 2 of Part II, Division 1 of this
Part is to be completed.
2. Where the person giving notice states that the person proposes (or
has an option, or proposes to acquire an option) to acquire assets of an
Australian business carried on by the person referred to in Division 1
or 2 of Part II, Division 2 of this Part is to be completed.
3. Where:
(a) the person giving notice states that the person proposes to enter
into an agreement in relation to the affairs of an Australian
corporation that carries on an Australian business, being the
corporation referred to in Division 2 of Part II; or
(b) the person giving notice, being an Australian corporation that
carries on an Australian business, states that it proposes to enter into
an agreement with the person referred to in Division 1 or 2 of Part II
in relation to the affairs of the corporation;
Division 3 of this Part is to be completed.
4. Where:
(a) the person giving notice states that the person proposes to enter
into an arrangement, or terminate an arrangement entered into, with the
person referred to in Division 1 or 2 of Part II in relation to an
Australian business carried on by that person referred to in Part II; or
(b) the person giving notice, being a person carrying on an Australian
business, states that the person proposes to enter into an arrangement,
or terminate an arrangement entered into, with the person referred to in
Division 1 or 2 of Part II in relation to the Australian business
carried on by the person giving notice;
Division 4 of this Part is to be completed.
5. Where a corporation giving notice states that it proposes to issue
shares, Division 5 of this Part is to be completed.
6. Where a corporation giving notice states that it is proposed to alter
a constituent document of the corporation, Division 6 of this Part is to
be completed.
7. Where a person, corporation or trustee giving notice states that he,
she or it proposes (or has an option or proposes to acquire an option)
to acquire an interest in Australian urban land, Division 7 of this Part
is to be completed.
DIVISION 1
PARTICULARS RELATING TO THE SHARES IN THE CORPORATION REFERRED TO IN
DIVISION 2 OF PART II TO WHICH THE PROPOSED ACQUISITION BY THE PERSON
GIVING NOTICE RELATES
Directions relating to Division 1
1. Section A is to be completed where the person giving notice states
that the person proposes to acquire shares in the corporation.
2. Section B is to be completed where the person giving notice states
that the person has an option, or proposes to acquire an option, to
acquire shares in the corporation.
SECTION A - PARTICULARS RELATING TO SHARES THAT THE PERSON GIVING NOTICE
PROPOSES TO ACQUIRE
Class of shares
Number of votes attaching to shares of that class
Number of shares of that class already held by the person
Number of previously issued shares of that class proposed to be acquired
Number of shares proposed to be acquired from a proposed new issue of
shares of that class
SECTION B - PARTICULARS RELATING TO OPTIONS TO ACQUIRE SHARES THAT THE
PERSON GIVING NOTICE HAS OR PROPOSES TO ACQUIRE
Class of shares
Number of votes attaching to shares of that class
Number of shares of that class that the person has options to acquire
Number of previously issued shares of that class in relation to which
the person proposes to acquire options
Number of shares in a proposed new issue of shares of that class in
relation to which the person proposes to acquire options
DIVISION 2
PARTICULARS RELATING TO THE ASSETS OF THE AUSTRALIAN BUSINESS CARRIED ON
BY THE PERSON REFERRED TO IN DIVISION 1 OR 2 OF PART II, TO WHICH THE
PROPOSED ACQUISITION BY THE PERSON GIVING NOTICE RELATES
Description and value of assets
DIVISION 3
PARTICULARS RELATING TO THE AGREEMENT THAT THE PERSON GIVING NOTICE
PROPOSES TO ENTER INTO
Directions relating to Division 3
1. Section A is to be completed where the person giving notice is a
person other than the corporation to the affairs of which the proposed
agreement relates.
2. Section B is to be completed where the person giving notice is the
corporation to the affairs of which the proposed agreement relates.
Section A - Particulars relating to agreement that person giving notice
proposes to enter into in relation to the affairs of the corporation
referred to in Division 2 of Part II
Particulars of other party to agreement
Full name
Address
Particulars of proposed agreement:
Section B - Particulars relating to agreement that the person giving
notice, being the Australian corporation referred to in Division 2 of
Part I, proposes to enter into with the person referred to in Division 1
or 2 of Part II in relation to the affairs of the corporation
Particulars of proposed agreement:
DIVISION 4
PARTICULARS RELATING TO THE ARRANGEMENT THAT THE PERSON GIVING NOTICE
PROPOSES TO ENTER INTO OR TERMINATE, BEING AN ARRANGEMENT WITH THE
PERSON REFERRED TO IN DIVISION 1 OR 2 OF PART II IN RELATION TO AN
AUSTRALIAN BUSINESS CARRIED ON EITHER BY THE PERSON GIVING NOTICE OR BY
THE PERSON REFERRED TO IN DIVISION 1 OR 2 OF PART II
Particulars of proposed arrangement:
Description and value of the assets (if any) to which the arrangement
relates:
DIVISION 5
PARTICULARS RELATING TO THE SHARES THAT THE CORPORATION GIVING NOTICE
PROPOSES TO ISSUE
Class of shares
Number of shares of that class that the corporation proposes to issue
Voting rights or restrictions attached to shares of that class
DIVISION 6
PARTICULARS RELATING TO THE CONSTITUENT DOCUMENT THAT IT IS PROPOSED TO
ALTER, BEING A CONSTITUENT DOCUMENT OF THE CORPORATION GIVING NOTICE
Description of document to be altered Particulars of alterations:
Text of parts to be altered
Text of parts to be substituted
DIVISION 7
PARTICULARS RELATING TO THE PROPOSED ACQUISITION OF AN INTEREST IN
AUSTRALIAN URBAN LAND
Nature of interest(1)
Postal address of property
Lot/Portion
Section
Plan
Title reference(s)
(1) Specify whether freehold or leasehold interest or a licence giving
rights to occupy Australian urban land or some other interest within the
meaning of section 12A of the Act.
FORM 2 Subregulation 4 (2)
Foreign Acquisitions and Takeovers Act 1975
NOTICE UNDER SECTION 26
General Directions
1. The person furnishing this Notice must annex to the Notice such
documents (if any) as are required under regulation 6 of the Foreign
Acquisitions and Takeovers (Notices) Regulations to be annexed to this
Notice.
2. Where, in relation to any matter, the space provided in this Notice
is insufficient to insert the particulars required, show the particulars
in a separate annexure to this Notice.
3. This Notice must be signed in the manner prescribed by regulation 8
of the Foreign Acquisitions and Takeovers (Notices) Regulations.
To the Treasurer,
Notice is given under section 26 of the Foreign Acquisitions and
Takeovers Act 1975, that (1) , being the person particulars in
relation to whom are set out in Part I of this Notice, intends to enter
into an agreement (2) by virtue of which he, she or it is to
acquire a substantial shareholding in (3) , being the corporation
particulars in relation to which are set out in Part II of this Notice.
Particulars relating to the proposed acquisition are set out in Part III
of this Notice.
The particulars specified in so much of Parts I, II and III of this
Notice as is applicable in accordance with the directions relating to
those Parts are, to the best of my knowledge, information and belief,
true and correct.
Signed by (4)
Full name
(1) Insert name of natural person, corporation or trustee giving notice.
(2) A person who enters into an agreement of the kind referred to in
subsection 26 (3) of the Act is considered to be a person who intends to
enter into an agreement.
(3) Insert name of Australian corporation in which person giving notice
is to acquire a substantial shareholding.
(4) To be signed by natural person giving notice or his or her
Australian agent (if natural person not ordinarily resident in
Australia) or person authorised in writing to sign this Notice on behalf
of a corporation or trust estate.
PART I
PARTICULARS RELATING TO PERSON GIVING NOTICE
Directions relating to Part I
1. Division 1 of this Part is to be completed where the person giving
notice is a natural person.
2. Division 2 of this Part is to be completed where the person giving
notice is a corporation.
3. Division 3 of this Part is to be completed where the person giving
notice is a trustee.
DIVISION 1
PARTICULARS RELATING TO NATURAL PERSON GIVING NOTICE
Full name
Country where ordinarily resident
Address in that country
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
Particulars of Australian agent (if any):
Full name
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
DIVISION 2
PARTICULARS RELATING TO CORPORATION GIVING NOTICE
Name of corporation
Place of incorporation
Address of Head Office
Address of registered office in Australia
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
If corporation giving Notice is an Australian subsidiary of a foreign
corporation, give details of foreign person(s) holding a substantial
shareholding in Australian corporation giving notice
Particulars of corporation's * agent (or principal officer) in
Australia:
Full name
Title of principal officer
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
* (Delete whichever is inapplicable)
DIVISION 3
PARTICULARS RELATING TO TRUSTEE GIVING NOTICE
Name of trust
Name of trustee
Address of trustee
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No (Please attach a copy of trust deed to this Notice.)
Particulars of Australian agent (if any):
Full name
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
PART II
PARTICULARS RELATING TO THE AUSTRALIAN CORPORATION IN WHICH THE PERSON
GIVING NOTICE IS TO ACQUIRE A SUBSTANTIAL SHAREHOLDING BY VIRTUE OF THE
AGREEMENT IN RELATION TO WHICH NOTICE IS GIVEN
Name of corporation
State or Territory where incorporated
Address of registered office in that State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
PART III
PARTICULARS RELATING TO THE SHARES IN THE AUSTRALIAN CORPORATION
REFERRED TO IN PART II, BEING SHARES IN WHICH THE PERSON GIVING NOTICE
IS TO ACQUIRE INTERESTS UNDER THE AGREEMENT OR HAS OFFERED TO ACQUIRE
INTERESTS
Directions relating to Part III
1. Division 1 is to be completed in every case.
2. Division 2 is to be completed where the person giving notice has an
option, or has offered, to acquire shares or interests in shares in the
corporation, being shares and interests other than those to be acquired
by virtue of the proposed agreement.
DIVISION 1
PARTICULARS RELATING TO SHARES TO WHICH THE PROPOSED AGREEMENT RELATES
Class of shares
Number of votes attaching to shares of that class
Number of shares of that class already held by the person or in which
the person has an interest
Number of previously issued shares of that class to which the proposed
agreement relates
Number of shares in a proposed new issue of shares of that class to
which the proposed agreement relates
DIVISION 2
PARTICULARS RELATING TO SHARES AND INTERESTS IN SHARES (OTHER THAN
SHARES AND INTERESTS TO WHICH THE PROPOSED AGREEMENT RELATES) THAT THE
PERSON GIVING NOTICE HAS AN OPTION, OR HAS OFFERED, TO ACQUIRE
Class of shares to which option or offer relates
Number of votes attaching to shares of that class
Number of shares of that class already held by the person or in which
the person has an interest
Particulars relating to previously issued shares of that class
Particulars relating to shares included in a proposed new issue of
shares of that class
Number of shares that the person has options to acquire or in which the
person has options to acquire interests
Number of shares that the person has options to acquire or in which the
person has offered to acquire interests
Number of shares that the person has options to acquire or in which the
person has options to acquire interests
Number of shares that the person has options to acquire or in which the
person has offered to acquire interests
FORM 3 Subregulation 4 (3)
Foreign Acquisitions and Takeovers Act 1975
NOTICE UNDER SECTION 26A
General Directions
1. The person submitting this Notice must annex to the Notice any
documents required under regulation 6 of the Foreign Acquisitions and
Takeovers (Notices) Regulations to be annexed to this Notice.
2. Where the space provided in this Notice is insufficient to insert the
required particulars, show the particulars in a separate annexure to
this Notice.
3. This Notice must be signed in the manner prescribed by regulation 8
of the Foreign Acquisitions and Takeovers (Notices) Regulations.
To the Treasurer,
Notice is given under section 26A of the Foreign Acquisitions and
Takeovers Act 1975, that
(1) , being the person particulars in relation to whom are set out
in Part I of this Notice, intends to enter into an agreement(2) by
virtue of which he, she or it is to acquire an interest in(3) ,
being an interest in Australian urban land, the details of which are set
out in Part II of this Notice.
The particulars specified in Part I and Part II of this Notice, being in
accordance with the directions relating to those Parts, are, to the best
of my knowledge, information and belief, true and correct.
Signed by (4)
Full name
(1) Insert name of natural person, corporation or trustee giving notice.
(2) A person who enters into an agreement of the kind referred to in
subsection 26A (3) of the Act is considered to be a person who intends
to enter an agreement.
(3) Insert name of property in which an interest is to be acquired.
(4) To be signed by natural person giving notice or his or her
Australian agent (if natural person not ordinarily resident in
Australia) or person authorised in writing to sign this Notice on behalf
of a corporation or trust estate.
PART I
PARTICULARS RELATING TO PERSON GIVING NOTICE
Directions relating to Part I
1. Division 1 of this Part is to be completed where the person giving
notice is a natural person.
2. Division 2 of this Part is to be completed where the person giving
notice is a corporation.
3. Division 3 of this Part is to be completed where the person giving
notice is a trustee.
DIVISION 1
TO BE COMPLETED BY A NATURAL PERSON GIVING NOTICE
Full name
Country where ordinarily resident
Address in that country
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
Particulars of Australian agent (if any):
Full name
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
DIVISION 2
PARTICULARS RELATING TO CORPORATION GIVING NOTICE
Name of corporation
Place of incorporation
Address of Head Office
Address of registered office in Australia
State or Territory
Postcode
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
If corporation giving notice is an Australian subsidiary of a foreign
corporation, give details of foreign person(s) holding a substantial
shareholding in Australian corporation giving notice
Particulars of corporation's agent * (or principal officer) in Australia
(if any):
Full name
Title of principal officer
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No Facsimile No
(* Delete whichever is inapplicable.)
DIVISION 3
PARTICULARS RELATING TO TRUSTEE GIVING NOTICE
Name of trust
Name of trustee
Address of trustee
Address for service in Australia
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No (Please attach a copy of trust deed to this Notice.)
Particulars of Australian agent (if any):
Full name
Address
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
PART II
PARTICULARS RELATING TO INTEREST IN AUSTRALIAN URBAN LAND
Directions relating to Part II
1. Division 1 should be completed by persons proposing to acquire an
interest in Australian urban land referred to in paragraph 12A (1) (a)
or (c) of the Act.
2. Division 2 should be completed by persons proposing to acquire shares
in a company that owns Australian urban land (see paragraph 12A (1) (b)
of the Act).
3. Division 3 should be completed by persons proposing to enter into an
arrangement involving the share of profits or income from the use of, or
dealings in, Australian urban land; (see paragraph 12A (1) (d) of the
Act).
4. Division 4 should be completed by persons proposing to acquire shares
in an Australian urban land corporation (see paragraph 12A (1) (e) of
the Act).
5. Division 5 should be completed by persons proposing to acquire an
interest in an Australian urban land trust estate, or an interest in the
shares of a corporation that is a trustee of an Australian urban land
trust estate (see paragraph 12A (1) (f) or (g) of the Act).
DIVISION 1
PARTICULARS RELATING TO ACQUISITIONS OF FREEHOLD OR LEASEHOLD AUSTRALIAN
URBAN LAND
Postal Address of land
State or Territory
Postcode
Appropriate dimensions of land
Lot/Portion
Section
Plan
Title reference(s)
Does the acquisition involve:
Please tick ( ) ( ) freehold; or ( ) leasehold; or ( ) a licence
giving rights to occupy Australian urban land?
If leasehold or a licence is being acquired, indicate the term of the
lease or licence years and any provision for extension
DIVISION 2
PARTICULARS RELATING TO PROPOSED ACQUISITION OF SHARES IN A COMPANY THAT
OWNS AUSTRALIAN URBAN LAND
Name of company
State or Territory where incorporated
Address of registered office
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
Details of land owned by company:
Postal Address(es)
Lot/Portion
Section
Plan
Title reference(s)
Particulars of shares to be purchased:
DIVISION 3
PARTICULARS RELATING TO PROPOSED ARRANGEMENT TO SHARE IN PROFITS OR
INCOME FROM USE OF OR DEALINGS IN AUSTRALIAN URBAN LAND
Particulars of the proposed arrangement:
Description of the property to which the arrangement relates:
Postal address of property
Lot/Portion
Section
Plan
Title
Reference(s)
DIVISION 4
PARTICULARS RELATING TO A PROPOSED PURCHASE OF SHARES IN AN AUSTRALIAN
URBAN LAND CORPORATION
Name of corporation
State or Territory where incorporated
Address of registered office
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
Details of land owned by corporation:
Postal address(es)
Lot/Portion
Section
Plan
Title Reference(s)
Particulars of shares to be purchased:
DIVISION 5
PARTICULARS RELATING TO PROPOSED ACQUISITION OF UNITS IN AN AUSTRALIAN
URBAN LAND TRUST ESTATE OR SHARES IN ACORPORATION THAT IS THE TRUSTEE OF
AN AUSTRALIAN URBAN LAND ESTATE
Name of the Trust:
Name of trustee:
Address of trustee:
State or Territory
Postcode
Telephone No (Specify STD Code)
Telex No
Facsimile No
Details of land owned by trust estate:
Postal address(es)
Lot/Portion
Section
Plan
Title Reference(s)
(Please attach a copy of trust deed to this Notice.)
Particulars of units or shares to be purchased: