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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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F2023C00591 (C18)
01 July 2023
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Part 1—Preliminary
1 Name
3 Authority
4 Simplified outline of this Part
5 Definitions
7 Meaning of enterprise of a country or region
8 Meaning of national of a country
8AA Meaning of national security business
8A Meaning of resident of a region
9 References to United States of America
9A References to China
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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
13A Meaning of Australian media business
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
22A Rights that are not registrable water entitlements
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
Division 2—Exemptions applying for all purposes
27 Moneylending agreements
27A Revenue streams from mining or production tenements
27B Exploration tenements acquired by non government foreign investors
Division 3—Exemptions for certain actions
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Subdivision A—Application of this Division
28 Application of this Division
Subdivision B—General exemptions
29 Devolution
30 Certain interests held by foreign custodian corporations
31 Australian businesses carried on by or land acquired from government
Subdivision C—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
Subdivision D—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
Division 4—Other exemptions
Subdivision A—Exemptions relating to particular 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
41B Exemption from requirement to notify after no objection notification or exemption certificate is given
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)
43BA Exemption certificates for actions that would otherwise be notifiable national security actions
43BB Exemption certificates for actions that would otherwise be reviewable national security actions
Division 4A—Exemptions relating to vacancy fees
43C Application of this Division
43D Exemption—residentially occupied
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, trusts and unincorporated limited partnerships
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Part 4—Thresholds
49 Simplified outline of this Part
50 Certain actions taken in relation to agribusiness
51 Taking action in relation to entities and businesses
52 Land
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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 5A—Indexation
58 Indexation of values prescribed by Parts 4 and 5
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Part 5B—Register of Foreign Ownership of Australian Assets
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Division 1—Simplified outline of this Part
58A Simplified outline of this Part
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Division 2—Requirements to give register notices to the Registrar
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Subdivision A—Actions covered by Part 5
58B Requirement to give register notice—actions covered by Part 5
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Subdivision B—Actions covered by exemption certificates
58C Requirement to give register notice—actions relating to entities that would be significant actions or notifiable actions if not covered by exemption certificates
58D Requirement to give register notice—actions relating to businesses that would be significant actions or notifiable actions if not covered by exemption certificates
58E Requirement to give register notice—actions that would be notifiable national security actions if not covered by exemption certificates
58F Requirement to give register notice—actions relating to entities that would be reviewable national security actions if not covered by exemption certificates
58G Requirement to give register notice—actions relating to businesses that would be reviewable national security actions if not covered by exemption certificates
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Division 3—Relationship with other notification provisions
58H Some other notification requirements only apply for actions that do not require register notices
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Division 4—Exemptions
58J Exemption for Register purposes for certain kinds of interests in Australian land
58K Exemption for Register purposes for certain persons becoming foreign persons
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Division 5—Other matters
58L Appointment of infringement officers for section 130ZV of the Act
58M Treasurer may extend time for giving register notices
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Part 6—Other provisions
59 Simplified outline of this Part
60 Time limit for making decisions on exemption certificates
60A Time limit for national security review of actions
61 Time limit for taking actions specified in no objection notifications
61A Time limit for taking action specified in notice imposing conditions
62 Modification of the Act—increasing percentage of interests without acquiring additional interests in securities
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Part 7—Application and transitional provisions
63 Simplified outline of this Part
64 Values determined before this section commences
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
71 Application of the Foreign Acquisitions and Takeovers Amendment (Peru Australia Free Trade Agreement Implementation) Regulations 2018
72 Application of the Foreign Acquisitions and Takeovers Amendment (Comprehensive and Progressive Agreement for Trans Pacific Partnership Implementation) Regulations 2018
73 Application of the Foreign Acquisitions and Takeovers Amendment (Australia Hong Kong Free Trade Agreement) Regulations 2019
74 Application of the Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations 2020
75 Application of the Foreign Acquisitions and Takeovers Amendment (Commercial Land Lease Threshold Test) Regulations 2020
76 Application of the Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020
77 Application of the Foreign Acquisitions and Takeovers Amendment Regulations 2022
78 Application of the Foreign Acquisitions and Takeovers Amendment (India Free Trade Agreement) Regulations 2022
79 Application of the Foreign Acquisitions and Takeovers Amendment (UK Free Trade Agreement) Regulations 2022
80 Application of the Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2022
81 Application of the Foreign Acquisitions and Takeovers Amendment (Register of Foreign Ownership and Other Matters) Regulations 2023
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history