Commonwealth Coat of Arms of Australia

 

Foreign Acquisitions and Takeovers (Secretary) Delegations and Appointments Instrument 2025

made under the Foreign Acquisitions and Takeovers Act 1975

Compilation No. 1

Compilation date: 30 April 2026

Includes amendments: Foreign Acquisitions and Takeovers (Secretary) Delegations and Appointments Amendment (No. 1) Instrument 2026

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

       

This compilation

This is a compilation of the Foreign Acquisitions and Takeovers (Secretary) Delegations and Appointments Instrument 2025 that shows the text of the law as amended and in force on 30 April 2026 (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 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 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

3 Authority

4 Definitions

Part 2—Delegations

5 Delegations—General

6 Delegations—Regulatory Powers Act

Part 3—Appointments

7 Appointment of infringement officers

Part 4—Repeal of previous delegations

8 Repeal of previous delegations

Schedule 1—General delegations

Schedule 2—Regulatory Powers Act delegations

Schedule 3—Appointment of infringement officers

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

  This instrument is the Foreign Acquisitions and Takeovers (Secretary) Delegations and Appointments Instrument 2025.

  This instrument is made under the Foreign Acquisitions and Takeovers Act 1975.

Note: Expressions have the same meaning in this instrument as in the Foreign Acquisitions and Takeovers Act 1975 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

Commissioner means the Commissioner of Taxation.

EL2 employee means an APS employee who has been allocated an Executive Level 2 classification.

SES Band 2 employee means an SES employee who has been allocated an SES Band 2 classification.

SES Band 3 employee means an SES employee who has been allocated an SES Band 3 classification.

the Act means the Foreign Acquisitions and Takeovers Act 1975.

Treasury means the Department of the Treasury.

  Under subsection 137(3) of the Act, each item of the table in Schedule 1 specifies a function or power that is delegated to the person or persons referred to in that item in the table (being the persons for the time being holding, acting or performing the duties of the respective offices or positions in the Treasury or the Australian Taxation Office that are specified).

 (1) Under subsection 100(4A) of the Act, each item of Table 1 in Schedule 2 specifies a function or power under the Regulatory Powers Act that is delegated to the person or persons referred to in that item in the table (being the persons for the time being holding, acting or performing the duties of the respective offices or positions in the Treasury that are specified).

 (2) Under subsection 101F(3) of the Act, each item of Table 2 in Schedule 2 specifies a function or power under the Regulatory Powers Act that is delegated to the person or persons referred to in that item in the table (being the persons for the time being holding, acting or performing the duties of the respective offices or positions in the Treasury that are specified).

  Under subsection 100(3) of the Act, each item of the table in Schedule 3 specifies the person or persons (being the persons for the time being holding, acting or performing the duties of the respective offices or positions in the Treasury that are so specified) appointed as infringement officers for the purposes of this Act.

 (1) All previous delegations of the Secretary’s functions or powers under the Act to APS employees in the Treasury are revoked.

 (2) All previous appointments of infringement officers made by the Secretary under the Act to APS employees in the Treasury are revoked.

Note:  See section 5.

 

Item

Function or power

Description of the function or power

Delegates

1

subsection 100(3) of the Act

appointment of infringement officers

(a) All SES employees in the Treasury

(b) The Commissioner

2

section 101E of the Act

appointment of authorised officer

(a) All SES Band 3 employees in the Treasury

(b) All SES Band 2 employees in the Treasury

3

subsection 135(1) of the Act

approval of the manner or form for giving a notice or making an application

(a) All SES employees in the Treasury

3A

subsection 135(2A) of the Act

satisfaction that strict compliance with an approved manner or an approved form is not required in relation to a particular notice or application

(a) All SES employees in the Treasury

(b) All EL2 employees in the Treasury

(c) The Commissioner

4

section 135A of the Act

serving documents without leave of court in some cases

(a) All SES employees in the Treasury

(b) All EL2 employees in the Treasury

Note: The descriptions of the functions or powers in the table are for the purpose of assisting readers only. The descriptions are not intended to affect the interpretation or limit the function or power referred to in the table.

Note:  See section 6.

 

TABLE 1

Item

Function or power

Description of the function or power

Delegates

1

section 105 of the Regulatory Powers Act (as it applies to the Act)

extensions of time to pay amount for infringement notice

(a) All SES employees

2

section 106 of the Regulatory Powers Act (as it applies to the Act)

withdrawal of an infringement notice

(a) All SES employees

Note: The descriptions of the functions or powers in the table are for the purpose of assisting readers only. The descriptions are not intended to affect the interpretation or limit the function or power referred to in the table.

 

TABLE 2

Item

Function or power

Description of the function or power

Delegates

1

section 35 of the Regulatory Powers Act (as it applies to the Act)

issue of an identity card to an authorised person (monitoring powers)

(a) All SES employees

2

section 66 of the Regulatory Powers Act (as it applies to the Act)

return of seized things under Part 3 of the Regulatory Powers Act

(a) All SES employees

3

section 67 of the Regulatory Powers Act (as it applies to the Act)

apply to an issuing officer permitting the retention of a thing seized under Part 3 of the Regulatory Powers Act

(a) All SES employees

4

section 68 of the Regulatory Powers Act (as it apples to the Act)

disposal of a thing seized under Part 3 of the Regulatory Powers Act

(a) All SES employee

5

section 76 of the Regulatory Powers Act (as it applies to the Act)

issue of an identity card to authorised person (investigation powers)

(a) All SES employees

Note: The descriptions of the functions or powers in the table are for the purpose of assisting readers only. The descriptions are not intended to affect the interpretation or limit the function or power referred to in the table.

Note:  See section 7.

 

Item

Power to appoint

Function or role

Appointments

1

subsection 100(3) of the Act

infringement officers

(a) All SES employees

(b) All EL2 employees

Note: The descriptions of the functions or powers in the table are for the purpose of assisting readers only. The descriptions are not intended to affect the interpretation or limit the function or power referred to in the table.

 

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

 

 

 

 

 

Name

Registration

Commencement

Application, saving and transitional provisions

Foreign Acquisitions and Takeovers (Secretary) Delegations and Appointments Instrument 2025

9 October 2025

(F2025N00816)

10 October 2025

—

Foreign Acquisitions and Takeovers (Secretary) Delegations and Appointments Amendment (No. 1) Instrument 2026

29 April 2026

(F2026N00288)

30 April 2026

—

 

 

Provision affected

How affected

Part 1

 

s2

rep LA s48D

s4

am F2026N00288

Schedule 1

 

table item 1

table item 3

table item 3A

am F2026N00288

am F2026N00288

ad F2026N00288