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Foreign Acquisitions and Takeovers Act 1975
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Department of the Treasury
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C2013C00089
11 December 2012
-
30 November 2015
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Part I—Preliminary
1 Short title
2 Commencement
3 Transitional provisions
4 Additional operation of Act
5 Interpretation
5A Ordinarily resident non-citizens
6 Associates
7 Australian business
8 Control of voting power
9 Substantial and controlling interests in corporations
9A Substantial interests in trust estates
10 Holding corporations and subsidiaries
11 Interests in shares
12 Interests in assets
12A Interests in Australian urban land
12B Interests in trust estates
12C Tracing of substantial interests in corporations and trust estates
13 Prescribed corporations
13A Exempt dealings
13B Valuation of assets for purposes of section 13A
13C Australian urban land corporations
13D Australian urban land trust estates
14 Voting power and potential voting power
15 Application of Act
16 Extra-territorial operation of Act
17 Persons obliged to comply with Act
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Part IA—Exempt foreign investments
17A Exempt foreign investments in prescribed corporations etc.
17B Asset thresholds for exempt foreign investments in prescribed corporations etc.—prescribed foreign investors
17C Asset thresholds for exempt foreign investments in prescribed corporations etc.—prescribed foreign government investors
17D Exempt foreign investments in financial sector companies etc.
17E Prescribed foreign investor
17F Foreign government investor
17G Prescribed foreign government investor
17H Prescribed sensitive sector
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Part II—Control of takeovers and other transactions
18 Acquisitions of shares
19 Acquisitions of assets
20 Arrangements relating to directorate of corporations
21 Arrangements relating to control of Australian businesses
21A Acquisitions of interests in Australian urban land
22 Interim orders
23 Revocation of orders
24 Publication of orders
25 Effect of notification of transactions
26 Compulsory notification of certain section 18 transactions
26A Compulsory notification of certain section 21A transactions
27 Form of notification
28 Notification of rights
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Part III—Miscellaneous
30 Offences—orders under Part II
31 Offences by officers of corporations
35 Powers of court to enforce Treasurer’s orders
36 Treasurer may require information
37 Effect of Act on other laws
38 Validity of acts done in contravention of Act
38A Anti-avoidance
39 Regulations
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Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
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Endnote 3—Application, saving and transitional provisions
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (No. 144, 2008)
Foreign Acquisitions and Takeovers Amendment Act 2010 (No. 1, 2010)
Endnote 4—Uncommenced amendments
Endnote 5—Misdescribed amendments