Foreign Acquisitions and Takeovers Legislation Amendment Regulations 2009 (No. 2)1

Select Legislative Instrument 2009 No. 104

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 4 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Assistant Treasurer

Contents

 1 Name of Regulations 

 2 Commencement 

 3 Amendment of Foreign Acquisitions and Takeovers Regulations 1989

 4 Amendment of Foreign Acquisitions and Takeovers (Notices) Regulations 1975

Schedule 1 Amendment of Foreign Acquisitions and Takeovers Regulations 1989

Schedule 2 Amendments of Foreign Acquisitions and Takeovers (Notices) Regulations 1975

1 Name of Regulations

  These Regulations are the Foreign Acquisitions and Takeovers Legislation Amendment Regulations 2009 (No. 2).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Foreign Acquisitions and Takeovers Regulations 1989

  Schedule 1 amends the Foreign Acquisitions and Takeovers Regulations 1989.

4 Amendment of Foreign Acquisitions and Takeovers (Notices) Regulations 1975

  Schedule 2 amends the Foreign Acquisitions and Takeovers (Notices) Regulations 1975.

Schedule 1 Amendment of Foreign Acquisitions and Takeovers Regulations 1989

(regulation 3)

[1] Regulation 2, definition of spouse

substitute

spouse, in relation to a person, includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901.

Schedule 2 Amendments of Foreign Acquisitions and Takeovers (Notices) Regulations 1975

(regulation 4)

[1] Subregulation 4 (1)

omit

the Schedule

insert

Schedule 1

[2] Subregulation 4 (2)

omit

the Schedule

insert

Schedule 1

[3] Subregulation 4 (3)

substitute

 (3) The prescribed form of notice for section 26A of the Act is:

 (a) unless paragraph (b) or (c) applies — Form 3 in Schedule 1; and

 (b) if a natural person acquires an interest in Australian residential land — Form 4 in Schedule 1; and

 (c) if a company or trust estate acquires an interest in Australian residential land — Form 5 in Schedule 1.

[4] Schedule, heading

substitute

Schedule 1 Forms

(regulation 4)

[5] Schedule, Forms 3 and 4

substitute

Form 3 Notice under section 26A of the Act

(paragraph 4 (3) (a))

Form 4 Notice under section 26A of the Act

(paragraph 4 (3) (b))

Form 5 Notice under section 26A of the Act

(paragraph 4 (3) (c))

Note

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