COMMONWEALTH OF AUSTRALIA

Foreign Acquisitions and Takeovers Act 1975

ORDER UNDER SUBSECTION 69(2)

WHEREAS --

(A) Evergreen Developments Pty Ltd (Evergreen) acquired an interest in Australian land situated at Lot 16 on Plan 8723 at THORNLIE (Volume 2225 Folio 799), known as 100 Spring Road, Thornlie, WA, 6108 (the land) in 2011;
 

(B) I am satisfied that Evergreen’s acquisition of an interest in the land was a significant action that was taken before 1 December 2015 (see item 6(1) of Schedule 3 to the Foreign Acquisitions and Takeovers Legislation Amendment Act 2015 and also section 43 of the Foreign Acquisitions and Takeovers Act 1975 (FATA));

(C) I am satisfied that the result of that significant action is contrary to the national interest; and

(D) I am also satisfied that the Treasurer would have had the power to make an order under subsection 21A(4) of the FATA (as it was immediately after Evergreen acquired an interest in the land) on the following basis:

• Evergreen Developments Pty Ltd was a foreign person who acquired an interest in Australian urban land; and

• I am satisfied that the acquisition of that interest was contrary to the national interest.

NOW THEREFORE

I, Jennifer Farley, Acting Assistant Commissioner at the Australian Taxation Office, hereby make an order in accordance with item 7 of the table in subsection 69(2) of the FATA, directing Evergreen Developments Pty Ltd to DISPOSE of their interest in the land, by midnight (Canberra time) six months from the date that this order commences, to one or more persons who are not their associates.

This order commences on the day that is 30 days after it is registered on the Federal Register of Legislation.

Dated 8 December 2022

Jennifer Farley

Acting Assistant Commissioner, Australian Taxation Office