Foreign Acquisitions and Takeovers Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 30
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Foreign Acquisitions and Takeovers Act 1975.
Dated 25 February 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
WAYNE SWAN
1 Name of Regulations
These Regulations are the Foreign Acquisitions and Takeovers Amendment Regulations 2010 (No. 1).
2 Commencement
These Regulations are taken to have commenced on 12 February 2009.
3 Amendment of Foreign Acquisitions and Takeovers Regulations 1989
Schedule 1 amends the Foreign Acquisitions and Takeovers Regulations 1989.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 2A
omit
For paragraph 11 (5) (c)
insert
(1) For paragraph 11 (5) (c)
[2] Regulation 2A
insert
(2) For subsection 11 (5A) of the Act, the following provisions are prescribed:
(a) the definition of foreign person in subsection 21A (1) of the Act;
(b) the definition of person to whom this section applies in subsection 26 (1) of the Act;
(c) the definition of person to whom this section applies in subsection 26A (1) of the Act.
(3) For subsection 11 (5A) of the Act, and the provisions mentioned in paragraphs (2) (a) to (c), a kind of interest is an interest in a share that is part of:
(a) a substantial interest in a corporation within the meaning of paragraph 9 (1) (b) or (d) of the Act; or
(b) an aggregate substantial interest in a corporation within the meaning of paragraph 9 (1A) (b) or (d) of the Act.
Note Under subsection 11 (5A) of the Act, an interest in a share is to be disregarded for the purposes of a prescribed provision of the Act if the interest is of a kind prescribed in respect of that provision.
[3] Regulation 2B
omit
paragraph 2A (a)
insert
paragraph 2A (1) (a)