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Foreign Acquisitions and Takeovers Regulation 2015
In force
Administered by
Department of the Treasury
This item is authorised by the following title:
Foreign Acquisitions and Takeovers Act 1975
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F2019C00072 C06
30 December 2018
-
16 January 2020
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Part 1—Preliminary
1 Name
3 Authority
4 Simplified outline of this Part
5 Definitions
6 Meaning of acquire an interest of a specified percentage in a business
7 Meaning of enterprise of a country
8 Meaning of national of a country
9 References to United States of America
9A References to China
10 Meaning of starts an Australian business
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Part 2—Provisions relating to definitions and rules of interpretation
11 Simplified outline of this Part
12 When an Australian entity or Australian business is an agribusiness
13 Land entities
14 Meaning of consideration
15 Number of independent self-contained dwellings in a development
16 Meaning of direct interest in an entity or business
17 Meaning of foreign government investor
18 Meaning of foreign person
19 Number of future dwellings on residential land
20 Meaning of total asset value
21 Meaning of total issued securities value
22 Businesses that are sensitive businesses
23 Value of assets of entities or businesses
24 Value of assets of entities that prepare consolidated financial statements
25 Foreign currencies
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Part 3—Exemptions
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Division 1—Simplified outline of this Part
26 Simplified outline of this Part
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Division 2—Exemptions applying for all purposes
27 Moneylending agreements
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Division 3—Exemptions for certain actions from being significant and notifiable actions
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Subdivision A—Application of this Division
28 Application of this Division
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Subdivision B—General exemptions
29 Will or devolution
30 Certain interests held by foreign custodian corporations
31 Australian businesses carried on by or land acquired from government
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Subdivision C—Significant and notifiable actions relating to entities
32 Investments in financial sector companies
33 Compulsory acquisitions and compulsory buy-outs
34 Convertible instruments that include a requirement for loss absorption if entity becomes non-viable
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Subdivision D—Significant and notifiable actions relating to Australian land etc.
35 Acquisitions by persons with a close connection to Australia
36 Acquisitions by funds and schemes
37 Acquisition in certain circumstances
38 Acquisitions of interests in residential land
39 Acquisitions of certain easements
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Division 4—Other exemptions relating to significant and notifiable actions
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Subdivision A—Exemptions relating to particular significant and notifiable actions
40 Action relating to agribusinesses and agricultural land for certain investors
41 Exemptions for certain acquisitions
41A Exemption—foreign persons in which foreign custodian corporations have interests
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Subdivision B—Exemption certificates
42 Exemption certificate for businesses or entities
43 Exemption certificates for certain interests in tenements and mining, production or exploration entities
43A Exemption certificates for residential land (near-new dwelling interests)
43B Exemption certificates for residential land (other than established dwellings)
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Division 4A—Exemptions relating to vacancy fees
43C Application of this Division
43D Exemption—residentially occupied
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Division 5—Exemptions from other specified provisions
44 Land that is not agricultural land
45 Meaning of associate—exemptions
46 Meaning of foreign person—potential voting power and future rights
47 Meaning of foreign person—disregarding small holdings of securities in primary listed entities
48 Tracing of substantial interests in corporations and trusts
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Part 4—Thresholds
49 Simplified outline of this Part
50 Certain actions taken in relation to agribusinesses
51 Taking action in relation to entities and businesses
52 Land
53 Indexation of values prescribed by this Part
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Part 5—Significant actions and notifiable actions
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Division 1—Simplified outline of this Part
54 Simplified outline of this Part
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Division 2—Prescribing significant actions and notifiable actions
55 Investments in Australian media businesses
56 Actions by foreign government investors
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Division 3—Other provisions relating to significant actions and notifiable actions
57 Orders prohibiting proposed acquisitions and disposal orders
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Part 6—Other provisions
59 Simplified outline of this Part
60 Time limit for making decisions on exemption certificates
61 Time limit for taking actions specified in no objection notifications
62 Authorised disclosures of periodic aggregate information
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Part 7—Application and transitional provisions
63 Simplified outline of this Part
64 Values determined before this section commences
65 Application of indexation provision
66 Application of authorised disclosures of periodic aggregate information
67 Application of Foreign Acquisitions and Takeovers Amendment (Government Infrastructure) Regulation 2016
68 Amendments made by the Foreign Acquisitions and Takeovers Amendment (Exemptions and Other Measures) Regulations 2017
69 Application of Foreign Acquisitions and Takeovers Amendment (Amendments of Singapore-Australia Free Trade Agreement) Regulations 2017
70 Application of the Foreign Acquisitions and Takeovers Amendment (Vacancy Fees and Other Measures) Regulations 2017
72 Application of the Foreign Acquisitions and Takeovers Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Regulations 2018
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history