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SLI 2015 No. 215 Regulations as amended, taking into account amendments up to Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Streamlining) Regulations 2017
Administered by: Treasury
Registered 05 Jul 2017
Start Date 24 Jun 2017
Table of contents.

Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015

Select Legislative Instrument No. 215, 2015

made under the

Foreign Acquisitions and Takeovers Fees Imposition Act 2015

Compilation No. 1

Compilation date:                              24 June 2017

Includes amendments up to:            F2017L00803

Registered:                                         5 July 2017

 

About this compilation

This compilation

This is a compilation of the Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015 that shows the text of the law as amended and in force on 24 June 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name................................................................................................... 1

3............ Authority............................................................................................. 1

4............ Definitions.......................................................................................... 1

Part 2—Fees                                                                                                                              2

Division 1—Simplified outline of this Part                                                         2

5............ Simplified outline of this Part.............................................................. 2

Division 2—Fees for things prescribed by the Foreign Acquisitions Regulation              3

5A......... Fees for businesses or entities certificates........................................... 3

6............ Fees for tenements and mining, production or exploration entities certificates         3

6A......... Fees for residential land (near‑new dwelling interests) certificates...... 3

6B......... Fees for residential land (other than established dwellings) certificates 4

7............ Fees for giving notice of notifiable actions prescribed by the Foreign Acquisitions Regulation............................................................................................................ 5

Division 3—Lowering fees                                                                                         7

8............ Lowering fees..................................................................................... 7

8A......... Applications for residential land certificates covering a single proposed acquisition                7

8B......... Applications made for businesses and entities certificates................... 8

9............ Fee would otherwise be more than 25% of consideration................... 8

10.......... Majority owners.................................................................................. 9

10A....... Acquisition of leasehold interest after sale of freehold interest.......... 10

11.......... Acquisition of securities in a land entity............................................ 10

12.......... Internal reorganisations by foreign government investors involving tenements       11

13.......... Acquiring interests in residential land jointly.................................... 12

14.......... Actions taken by wholly‑owned groups........................................... 12

15.......... Acquisition of 2 or more interests in residential land by foreign business person    12

16.......... Acquisition of interest in securities by foreign business person in Australian land entities      13

17.......... Acquisitions of non‑vacant commercial land by foreign government investors        14

18.......... Fee for variation of no objection notifications and certain exemption certificates     14

Part 3—Application provisions                                                                                    16

19.......... Amendments made by the Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Streamlining) Regulations 2017........................................................ 16

Endnotes                                                                                                                                    17

Endnote 1—About the endnotes                                                                            17

Endnote 2—Abbreviation key                                                                                18

Endnote 3—Legislation history                                                                             19

Endnote 4—Amendment history                                                                           20

 


Part 1Preliminary

  

1  Name

                   This is the Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015.

3  Authority

                   This instrument is made under the Foreign Acquisitions and Takeovers Fees Imposition Act 2015.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the following (see subsection 4(2) of the Act):

(a)    the Act (including the expressions Foreign Acquisitions Act and internal reorganisation);

(b)    the Foreign Acquisitions Act (including the expressions Australian business, Australian entity, exemption certificate, foreign government investor and notifiable action);

(c)    the Foreign Acquisitions Regulation (including the expressions Australian media business, consideration, direct interest and starts an Australian business).

                   In this instrument:

Act means the Foreign Acquisitions and Takeovers Fees Imposition Act 2015.

dominant land holding has the same meaning as in section 11 of this instrument.

Foreign Acquisitions Regulation means the Foreign Acquisitions and Takeovers Regulation 2015.

foreign business person means a foreign person, except an individual not ordinarily resident in Australia, carrying on a business in Australia or elsewhere.

wholly‑owned group has the meaning given by the Income Tax Assessment Act 1997 (with appropriate changes).

Part 2Fees

Division 1Simplified outline of this Part

5  Simplified outline of this Part

This Part prescribes fees for the purposes of the Act.

Division 2 prescribes fees for things that are prescribed by the Foreign Acquisitions Regulation.

Division 3 lowers fees that would otherwise be payable under the Act.

Division 2Fees for things prescribed by the Foreign Acquisitions Regulation

5A  Fees for businesses or entities certificates

                   For the purposes of paragraph (b) of item 4 of the table in subsection 6(1) of the Act, a fee of $35,000 is payable for an application for a businesses or entities certificate.

Note 1:       A businesses or entities certificate is an exemption certificate under section 42 of the Foreign Acquisitions Regulation.

Note 2:       This fee may be indexed under section 12 of the Act.

Note 3:       This fee is nil in some circumstances (see section 8B).

6  Fees for tenements and mining, production or exploration entities certificates

             (1)  For the purposes of paragraph (b) of item 4 of the table in subsection 6(1) of the Act, a fee of $35,000 is payable for an application for a tenements and mining, production or exploration entities certificate.

Note 1:       A tenements and mining, production or exploration entities certificate is an exemption certificate under section 43 of the Foreign Acquisitions Regulation.

Note 2:       This fee may be indexed under section 12 of the Act.

             (2)  However, a fee for an application (the tenements and mining application) for a tenements and mining, production or exploration entities certificate payable by a person is nil if:

                     (a)  another fee is payable, in relation to an application for an exemption certificate under section 58 of the Foreign Acquisitions Act, by:

                              (i)  the person; or

                             (ii)  an entity that is a member of the same wholly‑owned group as the person; and

                     (b)  that application and the tenements and mining application were made within 7 days of each other.

6A  Fees for residential land (near‑new dwelling interests) certificates

             (1)  For the purposes of paragraph (b) of item 4 of the table in subsection 6(1) of the Act, a fee of $25,700 is payable for an application for a residential land (near‑new dwelling interests) certificate.

Note:          A residential land (near‑new dwelling interests) certificate is an exemption certificate under section 43A of the Foreign Acquisitions Regulation.

             (2)  Despite subsection (1), a fee of nil is payable by a person for an application for a residential land (near‑new dwelling interests) certificate if:

                     (a)  the person has applied for, or been given, an exemption certificate under section 57 of the Act (the section 57 certificate); and

                     (b)  the section 57 certificate and the residential land (near‑new dwelling interests) certificate cover (or will cover) interests in relation to the same development.

Note:          See subsection 18(2) for the fee payable for an application to vary a residential land (near‑new dwelling interests) certificate.

6B  Fees for residential land (other than established dwellings) certificates

             (1)  For the purposes of paragraph (a) of item 4 of the table in subsection 6(1) of the Act, the amount of fee payable for an application for a residential land (other than established dwellings) certificate is:

                     (a)  if the application specifies that the consideration for the acquisition will be $1 million or less—$5,500; and

                     (b)  if the application specifies that the consideration for the acquisition will be more than $1 million, and $10 million or less—the amount worked out under subsection (2); and

                     (c)  if the application specifies that the consideration for the acquisition will be more than $10 million—the amount worked out under subsection (3).

Note 1:       A residential land (other than established dwellings) certificate is an exemption certificate under section 43B of the Foreign Acquisitions Regulation.

Note 2:       This fee may be indexed under section 12 of the Act.

Note 3:       The fee payable for an application for this exemption certificate is nil in some circumstances (see section 8A).

Fees for applications for certificates—consideration more than $1 million, and $10 million or less

             (2)  For the purposes of paragraph (1)(b), the amount of the fee is worked out as follows:

Method statement

Step 1.   Apply the following formula:

             

              Round the resulting amount down to the nearest whole number, if necessary.

Step 2.   Multiply the step 1 amount by $10,000.

Step 3.   Multiply the step 2 amount by 1.015. Round the resulting amount down to the nearest multiple of $100, if necessary.

Step 4.   Add to the step 3 amount the amount that is 10% of the step 3 amount. Round the resulting amount down to the nearest multiple of $100, if necessary.

Step 5.   The step 4 amount is the amount of the fee.

Note:          Indexation under section 12 of the Act does not apply to the amounts specified in steps 1 to 4 of the method statement, as those amounts are not fees.

Fees for applications for certificates—consideration more than $10 million

             (3)  For the purposes of paragraph (1)(c), the amount of the fee is worked out as follows:

Method statement

Step 1.   Apply the following formula:

             

              Round the resulting amount down to the nearest whole number, if necessary.

Step 2.   Multiply the step 1 amount by $10,000.

Step 3.   Multiply the step 2 amount by 1.030. Round the resulting amount down to the nearest multiple of $100, if necessary.

Step 4.   The step 3 amount is the amount of the fee.

Note:          Indexation under section 12 of the Act does not apply to the amounts specified in steps 1 to 3 of the method statement, as those amounts are not fees.

7  Fees for giving notice of notifiable actions prescribed by the Foreign Acquisitions Regulation

                   For item 6 of the table in subsection 7(1) of the Act, the amount of the fee for giving a notice of a notifiable action prescribed by Division 2 of Part 5 of the Foreign Acquisitions Regulation is worked out under the following table.

 

Fees for giving notice of notifiable actions

Item

If the notifiable action is …

the amount of the fee is …

1

(a) to acquire an interest of at least 5% in an entity or business that wholly or partly carries on an Australian media business (see section 55 of the Foreign Acquisitions Regulation); or

(b) for a foreign government investor to acquire a direct interest in an Australian entity or Australian business (see paragraph 56(1)(a) of the Foreign Acquisitions Regulation)

(a) if the consideration for the acquisition is $10 million or less—$2,000; and

(b) if the consideration is more than $10 million and $1 billion or less—$25,300; and

(c) if the consideration is more than $1 billion—$101,500.

2

for a foreign government investor to:

(a) start an Australian business (see paragraph 56(1)(b) of the Foreign Acquisitions Regulation); or

(b) to acquire a legal or equitable interest in a tenement (see subparagraph 56(1)(c)(i) of the Foreign Acquisitions Regulation); or

(c) to acquire an interest of at least 10% in securities in a mining, production or exploration entity (see subparagraph 56(1)(c)(ii) of the Foreign Acquisitions Regulation)

$10,100

Note:          These fees may be indexed under section 12 of the Act. However, indexation does not apply to amounts of consideration specified in the table, as these amounts are not fees.

Division 3Lowering fees

8  Lowering fees

                   This Division prescribes, for section 11 of the Act, a lower amount for a fee that would otherwise be payable in circumstances specified in the Act.

8A  Applications for residential land certificates covering a single proposed acquisition

             (1)  This section applies if:

                     (a)  a person makes (or has made) an application for either of the following certificates (the first certificate):

                              (i)  a residential land (other than established dwellings) certificate;

                             (ii)  an exemption certificate under section 59 of the Foreign Acquisitions Act (which applies to established dwellings); and

                     (b)  in a case in which the person holds the first certificate as a result of the application—the certificate is still in force, and the person has not taken the action specified in the certificate; and

                     (c)  the person makes an application for the other kind of certificate (the second certificate) mentioned in paragraph (a), whether at the same time, or after, the application for the first certificate was made; and

                     (d)  the applications for the first certificate and the second certificate cover just one proposal to acquire an interest in residential land; and

                     (e)  the consideration for the acquisition to which the application for the first certificate applies is the same, or higher, than the consideration for the acquisition to which the application for the second certificate applies; and

                      (f)  at the time of the application for the second certificate:

                              (i)  the person pays the fee that is payable (apart from this section) for the application for the first certificate; or

                             (ii)  the person has already paid the fee that is payable (apart from this section) for the application for the first certificate.

Note:          A residential land (other than established dwellings) certificate is an exemption certificate under section 43B of the Foreign Acquisitions Regulation.

             (2)  The fee payable for the application for the second certificate is:

                     (a)  if the amount of the consideration (the first consideration amount) for the acquisition to which the application for the first certificate relates is the same, or higher, than the amount of the consideration (the second consideration amount) for the acquisition specified in the application for the second certificate—nil; or

                     (b)  if the first consideration amount is lower than the second consideration amount—the amount of the difference (which could be nil) between the fees that would, apart from this section, be payable for the applications for the first certificate and the second certificate.

8B  Applications made for businesses and entities certificates

             (1)  This section applies if:

                     (a)  a person makes (or has made) an application for either of the following certificates (the first certificate):

                              (i)  a businesses or entities certificate;

                             (ii)  an exemption certificate under section 58 of the Foreign Acquisitions Act (which applies to interests in Australian land); and

                     (b)  the person makes an application for the other kind of certificate (the second certificate) at the time the application for the first certificate is made, or within 14 days afterwards; and

                     (c)  at the time of the application for the second certificate:

                              (i)  the person pays the fee that is payable (apart from this section) for the application for the first certificate; or

                             (ii)  the person has already paid the fee that is payable (apart from this section) for the application for the first certificate.

Note:          A businesses or entities certificate is an exemption certificate under section 42 of the Foreign Acquisitions Regulation.

             (2)  The fee payable for the application for the second certificate is nil.

9  Fee would otherwise be more than 25% of consideration

Acquisition of interests in exploration tenements, mining or production tenements or mining, production or exploration entities

             (1)  A fee of $2,000 is payable in relation to an action if:

                     (a)  the action is an acquisition of one of the following:

                              (i)  a legal or equitable interest in a tenement;

                             (ii)  an interest in a mining, production or exploration entity; and

                     (b)  the amount of the fee that would otherwise be payable is specified in one of the following provisions:

                              (i)  item 5 of the table in subsection 7(1) of the Act;

                             (ii)  item 3 of the table in subsection 8(1) of the Act;

                            (iii)  paragraph (b) or (c) of item 2 of the table in section 7 of this instrument; and

                     (c)  the amount of the fee that would otherwise be payable under that provision is more than 25% of the consideration for the acquisition.

Note 1:       This fee may be indexed under section 12 of the Act.

Note 2:       A higher fee may apply if the action may be characterised in more than one way (see subsection 9(2) of the Act).

Acquisition of interests in residential land

             (2)  A fee of $1,000 is payable in relation to an action if:

                     (a)  the action is the acquisition of an interest in residential land; and

                     (b)  the amount of the fee that would otherwise be payable is specified in one of the following provisions:

                              (i)  item 3 of the table in subsection 7(1) of the Act;

                             (ii)  item 3 of the table in subsection 8(1) of the Act; and

                     (c)  the amount of the fee that would otherwise be payable under that provision is more than 25% of the consideration for the acquisition.

Note:          This fee may be indexed under section 12 of the Act.

             (3)  This section does not apply in relation to an action to which either of the following provisions apply:

                     (a)  section 10 of the Act (fees for internal reorganisations);

                     (b)  section 12 of this instrument (internal reorganisations by foreign government investors involving tenements).

10  Majority owners

             (1)  A fee of $2,000 is payable in relation to an action if:

                     (a)  the action is one of the following:

                              (i)  the acquisition by a foreign business person of an interest in residential land;

                             (ii)  the acquisition by a foreign person of an interest in Australian land other than residential land;

                            (iii)  the acquisition by a foreign person of an interest in securities in an entity;

                            (iv)  the acquisition by a foreign person of an interest in assets of an Australian business;

                             (v)  the acquisition by a foreign person of a legal or equitable interest in a tenement; and

                     (b)  the amount of the fee that would otherwise be payable is specified in one of the following provisions:

                              (i)  section 7 or 8 of the Act;

                             (ii)  item 1 of the table in subsection 7(1) of this instrument;

                            (iii)  paragraph (b) or (c) of item 2 of the table in section 7 of this instrument; and

                     (c)  before the acquisition, the foreign person or foreign business person (as the case may be) holds an interest of more than 50% in the land, entity, business or tenement.

Note 1:       This fee may be indexed under section 12 of the Act.

Note 2:       A higher fee may apply if the action may be characterised in more than one way (see subsection 9(2) of the Act).

             (2)  This section does not apply in relation to an action to which either of the following provisions apply:

                     (a)  section 10 of the Act (fees for internal reorganisations);

                     (b)  section 12 of this instrument (internal reorganisations by foreign government investors involving tenements).

10A  Acquisition of leasehold interest after sale of freehold interest

             (1)  A fee of $2,000 is payable in relation to an action by a foreign person if:

                     (a)  the action is an acquisition of a leasehold interest in Australian land to which paragraph 12(1)(c) of the Foreign Acquisitions Act applies; and

                     (b)  the amount of the fee that would otherwise be payable is specified in one of the following provisions:

                              (i)  section 7 or 8 of the Act;

                             (ii)  item 1 of the table in subsection 7(1) of this instrument;

                            (iii)  paragraphs (b) and (c) of item 2 of the table in section 7 of this instrument; and

                     (c)  the foreign person previously held the freehold interest in the land that is subject to the lease; and

                     (d)  the foreign person sold that freehold interest to the lessor.

Note 1:       This fee may be indexed under section 12 of the Act.

Note 2:       A higher fee may apply if the action may be characterised in more than one way (see subsection 9(2) of the Act).

             (2)  This section does not apply in relation to an action to which either of the following provisions apply:

                     (a)  section 10 of the Act (fees for internal reorganisations);

                     (b)  section 12 of this instrument (internal reorganisations by foreign government investors involving tenements).

11  Acquisition of securities in a land entity

             (1)  This section applies (subject to subsection (6)) if:

                     (a)  a person acquires an interest in securities in a land entity; and

                     (b)  the land held by the entity is covered by more than one item of items 2 to 5 in the table in subsection 7(1) of the Act; and

                     (c)  the fee that would, apart from this section, be payable under paragraph 9(2)(b) of the Act for giving a notice of a notifiable action under section 81 of the Foreign Acquisitions Act is higher than the fee worked out under this section.

Fee payable based on dominant land holding

             (2)  The fee that is payable under section 7 of the Act for giving the notice is the fee that is payable for acquiring an interest in the entity’s dominant land holding.

Working out an entity’s dominant land holding

             (3)  To determine the entity’s dominant land holding, make a reasonable assessment of the value of interests in each of the following kinds of land held by the entity:

                     (a)  agricultural land that is used wholly and exclusively for a primary production business;

                     (b)  commercial land;

                     (c)  residential land;

                     (d)  mining or production tenements.

             (4)  The entity’s dominant land holding is:

                     (a)  except if the value, as assessed under subsection (3), is greatest for commercial land—the kind of land whose value, as assessed under that subsection, is the greatest; or

                     (b)  if the value, as assessed under subsection (3), is greatest for commercial land—the kind of land whose value, as assessed under subsection (5), is greatest.

             (5)  For the purposes of paragraph (4)(b), make a reasonable assessment of the value of interests held by the entity in:

                     (a)  commercial land that is vacant; and

                     (b)  commercial land that is not vacant.

Actions of more than one kind

             (6)  However, this section does not apply if:

                     (a)  a fee is payable under paragraph 9(2)(a) of the Act (actions of more than one kind); and

                     (b)  that fee is higher than the fee worked out under this section.

12  Internal reorganisations by foreign government investors involving tenements

             (1)  A fee of $10,100 is payable in relation to one or more actions if:

                     (a)  a foreign government investor (the first entity) acquires a legal or equitable interest in a tenement that is not an interest in Australian land from another entity; and

                     (b)  any of the following applies:

                              (i)  both entities are subsidiaries of the same holding entity;

                             (ii)  the other entity is the holding entity of the first entity;

                            (iii)  the other entity is a subsidiary of the first entity.

             (2)  However, the fee payable by the foreign government investor is nil if:

                     (a)  another fee is payable, in relation to an internal reorganisation under section 10 of the Act, by:

                              (i)  the foreign government investor; or

                             (ii)  an entity that is a member of the same wholly‑owned group as the foreign government investor; and

                     (b)  the acquisition mentioned in paragraph (1)(a) forms part of the same internal reorganisation (within the ordinary meaning of the term) as the internal reorganisation mentioned in paragraph (a) of this subsection.

Note:          A separate fee may be payable in relation to any other action covered by the same agreement as the internal reorganisation (within the ordinary meaning of the term) that is not part of that internal reorganisation.

13  Acquiring interests in residential land jointly

             (1)  The amount of a fee that is payable by an individual under item 2 of the table in subsection 7(1) of the Act, for giving a notice of a notifiable action under section 81 of the Foreign Acquisitions Act, is nil if:

                     (a)  the notice relates to an acquisition of an interest in residential land; and

                     (b)  the interest is acquired, or is to be acquired, by the individual as a joint tenant with one or more other individuals; and

                     (c)  the interest is acquired, or is to be acquired, under a single agreement; and

                     (d)  a fee is paid by one of the other individuals in relation to that individual’s acquisition of the interest in the land.

             (2)  To avoid doubt, subsection (1) does not affect the amount of consideration that is taken into account in working out the fee mentioned in paragraph (1)(d).

14  Actions taken by wholly‑owned groups

             (1)  The amount of a fee that is payable by an entity is nil if:

                     (a)  the fee is payable in relation to an acquisition by the entity of:

                              (i)  a direct interest in an entity or Australian business that is an agribusiness; or

                             (ii)  an interest in securities in an entity; or

                            (iii)  an interest in assets of an Australian business; or

                            (iv)  an interest in Australian land (except residential land) or a tenement; and

                     (b)  one or more other entities that are members of the same wholly‑owned group have acquired, or are to acquire, one or more other interests in the entity, business, securities, assets, land or tenement; and

                     (c)  either:

                              (i)  a single agreement deals with the acquisitions mentioned in paragraphs (a) and (b); or

                             (ii)  a notice is given stating that the entities propose to acquire the interests; and

                     (d)  a fee is paid, by one of the other entities, in relation to that entity’s acquisition of the interests mentioned in paragraph (b).

             (2)  To avoid doubt, subsection (1) does not affect the amount of consideration that is taken into account in working out the fee mentioned in paragraph (1)(d).

15  Acquisition of 2 or more interests in residential land by foreign business person

             (1)  This section applies despite subsection 9(1) of the Act.

             (2)  If a foreign business person acquires 2 or more interests in residential land under one agreement, the amount of the fee payable for the acquisition of those interests is the amount worked out under subsection (3).

             (3)  Work out the amount of the fee that would, apart from this section, be payable for each acquisition of interest in residential land under the agreement. The highest of those amounts is the amount of fee payable.

             (4)  If the agreement covers one or more actions (the other actions) other than an action to acquire an interest in residential land, the amount of the fee payable for all actions covered by the agreement is the higher of the following amounts:

                     (a)  the amount worked out under subsection (3);

                     (b)  the highest of the amounts of fee payable for the other actions.

Note:          For the fee that applies to an action that can be characterised in more than one way, see subsection 9(2) of the Act.

             (5)  This section does not apply in relation to an action to which either of the following provisions apply:

                     (a)  section 10 of the Act (fees for internal reorganisations);

                     (b)  section 12 of this instrument (internal reorganisations by foreign government investors involving tenements).

16  Acquisition of interest in securities by foreign business person in Australian land entities

             (1)  The amount of a fee that is payable by a foreign business person is $25,300 if:

                     (a)  the foreign business person acquires an interest in securities in:

                              (i)  an Australian land corporation with a dominant land holding in residential land; or

                             (ii)  an Australian land trust with a dominant land holding in residential land; and

                     (b)  the consideration for the acquisition is $1 billion or less; and

                     (c)  a higher amount of fee would, apart from this subsection, be payable under item 3 of the table in subsection 7(1) of the Act.

Note:          These fees may be indexed under section 12 of the Act. However, indexation does not apply to amounts of consideration specified in the table, as these amounts are not fees.

             (2)  The amount of a fee that is payable by a foreign business person is $101,500 if:

                     (a)  the foreign business person acquires an interest in securities in:

                              (i)  an Australian land corporation with a dominant land holding in residential land; or

                             (ii)  an Australian land trust with a dominant land holding in residential land; and

                     (b)  the consideration for the acquisition is more than $1 billion; and

                     (c)  a higher amount of fee would, apart from this subsection, be payable under item 3 of the table in subsection 7(1) of the Act.

Note:          These fees may be indexed under section 12 of the Act. However, indexation does not apply to amounts of consideration specified in the table, as these amounts are not fees.

             (3)  If one agreement covers one or more of the actions mentioned in subsections (1) and (2), and one or more other actions (the other actions), the amount of the fee payable for all actions covered by the agreement is the higher of the following amounts:

                     (a)  the amount specified in subsection (1) or (2);

                     (b)  the highest of the amounts of fee payable for the other actions.

             (4)  Subsection (3) has effect despite subsection 9(1) of the Act.

             (5)  However, if a foreign business person acquires securities in an Australian land trust with a dominant land holding in residential land, and the trustee of the trust is a corporation, the amount of fee payable for the action by the foreign business person for acquiring an interest in securities in the corporation is nil.

             (6)  This section does not apply in relation to an action to which section 10 of this Act (fees for internal reorganisations) applies.

17  Acquisitions of non‑vacant commercial land by foreign government investors

             (1)  The amount of the fee that is payable by a foreign government investor is $2,000 if:

                     (a)  the foreign government investor acquires an interest in commercial land that is not vacant; and

                     (b)  the consideration for the acquisition is $55 million or less.

             (2)  For the purposes of subsection 9(2) of the Act, if the action described in paragraph (1)(a) of this section can also be characterised as an action by the foreign government investor to acquire a direct interest in an Australian business (the second action), the amount of the fee payable for the second action is nil.

Note:          For the fee that applies to an action that can be characterised in more than one way, see subsection 9(2) of the Act.

             (3)  This section does not apply if the foreign government investor acquires an interest in commercial land that is not vacant by acquiring:

                     (a)  an interest in securities in an Australian land corporation or Australian land trust; or

                     (b)  if the trustee of an Australian land trust is a corporation—an interest in a share in that corporation.

             (4)  This section does not apply in relation to an action to which section 10 of this Act (fees for internal reorganisations) applies.

18  Fee for variation of no objection notifications and certain exemption certificates

             (1)  The fee payable for an application (the variation application) by a person to vary a no objection notification is the least of the following amounts:

                     (a)  the amount of fee payable by the person for the variation application specified in subsection 8(2) of the Act;

                     (b)  either:

                              (i)  if the person was given the no objection notification after giving a notice of a proposal to take an action that is not a notifiable action—the amount of fee that was payable by the person in relation to the action specified in the notice; or

                             (ii)  otherwise—the amount of fee that was payable by the person in relation to the action specified in the no objection notification;

                     (c)  the amount of fee that would have been payable by the person for the notice or the notification mentioned in paragraph (b) in relation to the no objection notification as proposed to be varied.

Note 1:       A no objection notification may be given in relation to a proposed action to be taken by a person either at the Treasurer’s initiative, or following a notice given by the person (see sections 74 to 76 of the Foreign Acquisitions Act). Different fees may be payable if a no objection notification is given without such a notice, and for giving such a notice that results in a no objection notification (see sections 7 and 8 of the Foreign Acquisitions and Takeovers Fees Imposition Act 2015).

Note 2:       A person applies for a variation of a no objection notification under subsection 76(6) of the Foreign Acquisitions Act.

             (2)  The fee payable for an application (the variation application) by a person to vary a residential land (near‑new dwelling interests) certificate is nil if, at the time of the variation application:

                     (a)  the person has applied for, or been given, an exemption certificate under section 57 of the Act (the section 57 certificate); and

                     (b)  the section 57 certificate and the residential land (near‑new dwelling interests) certificate, as it is to be varied, cover (or will cover) interests in relation to the same development.

Note:          A person may apply for a variation of an exemption certificate under subsection 62(2) of the Foreign Acquisitions Act.

Part 3Application provisions

  

19  Amendments made by the Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Streamlining) Regulations 2017

             (1)  The amendments of this instrument made by Schedule 1 to the Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Streamlining) Regulations 2017 apply in relation to a fee payable for an action that is taken, or application that is made, on or after the commencement of that Schedule.

             (2)  This section is repealed at the end of 30 June 2018.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015

27 Nov 2015 (F2015L01862)

1 Dec 2015 (s 2(1) item 1)

 

Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Streamlining) Regulations 2017

29 June 2017 (F2017L00803)

24 June 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 4.............................................

am F2017L00803

Part 2

 

Division 2

 

s 5A..........................................

ad F2017L00803

s 6.............................................

am F2017L00803

s 6A..........................................

ad F2017L00803

s 6B..........................................

ad F2017L00803

s 7.............................................

am F2017L00803

Division 3

 

s 8A..........................................

ad F2017L00803

s 8B..........................................

ad F2017L00803

s 9.............................................

rs F2017L00803

s 10...........................................

rs F2017L00803

s 10A........................................

ad F2017L00803

s 12...........................................

am F2017L00803

s 15...........................................

ad F2017L00803

s 16...........................................

ad F2017L00803

s 17...........................................

ad F2017L00803

s 18...........................................

ad F2017L00803

Part 3

 

Part 3........................................

ad F2017L00803

s 19...........................................

ad F2017L00803

 

rep 30 June 2018 (s 19(2))