Federal Register of Legislation - Australian Government

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SLI 2012 No. 309 Regulations as made
This regulation amends the Foreign Acquisitions and Takeovers Regulations 1989 to give effect to Australia’s commitments under the Protocol on Investment to the Australia-New Zealand Closer Economic Relations Trade Agreement.
Administered by: Treasury
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 18
Registered 11 Dec 2012
Tabling HistoryDate
Tabled HR05-Feb-2013
Tabled Senate05-Feb-2013
Date of repeal 17 Oct 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014 (No. 2)

Commonwealth Coat of Arms

Foreign Acquisitions and Takeovers Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 309

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Foreign Acquisitions and Takeovers Act 1975.

Dated 6 December 2012



By Her Excellency’s Command


1              Name of regulation

                This regulation is the Foreign Acquisitions and Takeovers Amendment Regulation 2012 (No. 1).

2              Commencement

         (1)   This regulation commences on the day notified by the Minister in an instrument.

         (2)   An instrument made under subsection (1) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the instrument.

3              Amendment of Foreign Acquisitions and Takeovers Regulations 1989

                Schedule 1 amends the Foreign Acquisitions and Takeovers Regulations 1989.

Schedule 1        Amendments

(section 3)


[1]           Regulation 2


New Zealand enterprise has the meaning given by regulation 2AB as if a reference in that regulation to ‘US’ or ‘the United States of America’ were a reference to ‘New Zealand’.

New Zealand national means an individual who is a citizen of New Zealand or a person who is entitled to live indefinitely in New Zealand, but does not include a person who:

                (a)    is entitled to live in the Cook Islands, Niue or Tokelau; and

               (b)    does not live in New Zealand.

[2]           Regulation 2AB, at the foot


Note   See also the definition of New Zealand enterprise in regulation 2.

[3]           Paragraphs 9 (a) and (b)


                (a)    a New Zealand enterprise; or

               (b)    a New Zealand national; or

                (c)    a US enterprise; or

               (d)    a US national.

[4]           Regulation 10


greater than


at least

[5]           Subregulation 11 (2)


the United States of America.


New Zealand or


1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.