the individual has actually been in Australia during 200 or more days in the period of 12 months immediately preceding that time; and

at that time:

the individual is in Australia and the individual’s continued presence in Australia is not subject to any limitation as to time imposed by law; or

the individual is not in Australia but, immediately before the individual’s most recent departure from Australia, the individual’s continued presence in Australia was not subject to any limitation as to time imposed by law.

any relative of the person;

any person with whom the person is acting, or proposes to act, in concert in relation to an action to which this Act may apply;

any person with whom the person carries on a business in partnership;

any entity of which the person is a senior officer;

if the person is an entity:

any holding entity of the entity; or

any senior officer of the entity;

any entity whose senior officers are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of:

the person; or

if the person is an entity—the senior officers of the person;

an entity if the person is accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of:

the entity; or

the senior officers of the entity;

any corporation in which the person holds a substantial interest;

if the person is a corporation—a person who holds a substantial interest in the corporation;

the trustee of a trust in which the person holds a substantial interest;

if the person is the trustee of a trust—a person who holds a substantial interest in the trust;

if the person is a foreign government, a separate government entity or a foreign government investor in relation to a foreign country (or a part of a foreign country):

any other person that is a foreign government in relation to that country (or any part of that country); or

any other person that is a separate government entity in relation to that country (or any part of that country); or

any other foreign government investor in relation to that country (or any part of that country).

Additional associates in relation to interests in residential land

an entity that is not listed for quotation in the official list of a stock exchange if a relative of the person:

holds a substantial interest in the entity; or

is a senior officer of the entity;

(b) if the person is an entity (the first entity)—another entity (the second entity) if:

an individual holds a substantial interest in the first entity or is a senior officer of the first entity; and

a relative of the individual holds a substantial interest in the second entity or is a senior officer of the second entity; and

the first entity and the second entity are not, and are not a subsidiary or trustee of an entity, listed for quotation in the official list of a stock exchange.

Persons who are not associates

one gives advice to the other, or acts on the other’s behalf, in the proper performance of the functions attaching to a professional capacity or a business relationship; or

(b) one, a client, gives specific instructions to the other, whose ordinary business includes dealing in financial products (within the meaning of Corporations Act 2001), to acquire financial products on the client’s behalf in the ordinary course of that business; orDivision 3 of Part 7.1 of the

one had sent, or proposes to send, to the other an offer under a takeover bid (within the meaning of that Act) for securities held by the other; or

one has appointed the other, otherwise than for valuable consideration (within the ordinary meaning of the term) given by the other or by an associate of the other, to vote as a proxy or representative; or

both of the following apply:

one provides independent services as a trustee of a trust to the other who is a beneficiary of the trust;

the trustee is licensed to provide those services under a law of the Commonwealth, a State, a Territory, a foreign country or a part of a foreign country; or

(f) one holds a substantial interest in a registered scheme (within the meaning of the Corporations Act 2001) and the other is the responsible entity of the scheme (within the meaning of that Act); or

(fa) one holds a substantial interest in a notified foreign passport fund (within the meaning of the Corporations Act 2001) and the other is the operator of the fund (within the meaning of that Act); or

both are partners of one of the following kinds of partnerships:

a partnership of actuaries or accountants;

a partnership of medical practitioners;

a partnership of patent attorneys;

a partnership of sharebrokers or stockbrokers;

a partnership of trade mark attorneys;

a partnership that has as its primary purpose collaborative scientific research, and includes at least one university and one private sector participant (whether or not it also includes government agencies or publicly funded research bodies);

a partnership of architects;

a partnership of pharmaceutical chemists or veterinary surgeons;

a partnership of legal practitioners; or

both of the following apply:

both are partners of a limited partnership;

at least one of them is a limited partner that is not in a position (whether alone or together with one or more persons who are, or would apart from this paragraph be, that partner’s associates) to participate in the management and control of the partnership, or of any of the general partners of the partnership, in relation to any matter.

the person is:

a director of the entity; or

for a unit trust—a director of a trustee of the entity; and

the entity is listed for quotation in the official list of a stock exchange (whether or not in Australia); and

the director meets the criteria of that stock exchange for a director to be independent (whether or not the criteria are binding).

Entities whose securities are stapled

the person is a director of the first entity and another entity; and

the securities in the first entity can only be transferred together with securities in the other entity; and

the first entity is not listed for quotation in the official list of a stock exchange, but the other entity is (whether or not in Australia); and

the director meets the criteria of that stock exchange for a director to be independent (whether or not the criteria are binding).

the business is carried on wholly or partly in Australia, whether or not in anticipation of profit or gain, by:

the Commonwealth, a State, a Territory or a local governing body; or

a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or

an entity wholly owned by the Commonwealth, a State, a Territory, a local governing body or a body corporate covered by subparagraph (ii); and

the business would, or could, be carried on in anticipation of profit or gain if it were carried on by someone other than:

a body referred to in subparagraph (a)(i) or (ii); or

an entity referred to in subparagraph (a)(iii); or

a foreign government; or

a separate government entity.

that carries on the same national security business; or

for the purposes of acquiring interests in assets of the same national security business.

the foreign person starts to carry on an Australian business; or

for a foreign person who already carries on an Australian business—the business starts a new activity that:

is not incidental to an existing activity of the Australian business; and

is within a different Division under the Australian and New Zealand Standard Industrial Classification Codes from the current activities of the Australian business.

that carries on the same Australian business; or

for the purposes of acquiring interests in assets of the same Australian business.

the person is not the registered holder of the security; and

the person is entitled to exercise or control the exercise of a right attached to the security (other than because he or she was appointed as a proxy or representative).

all or part of the share capital of the corporation consists of stock; and

the person holds an interest in that stock.

the same nominal amount as the amount of that stock; and

the same rights attached to them as are attached to that stock.

Buying-back securities

a legal or equitable interest in Australian land, other than:

an interest under a lease or licence or in a unit in a unit trust; or

an interest in an agreement giving a right (known as a profit à prendre) to take something off another person’s land, or to take something out of the soil of that land; or

an interest in an agreement involving the sharing of profits or income from the use of, or dealings in, Australian land; or

an interest in a security in an entity that owns Australian land, being a security that entitles the holder to a right to occupy a dwelling of a kind known as a flat or home unit situated on the land; or

an interest as lessee or licensee in a lease or licence giving rights to occupy Australian land if the term of the lease or licence (including any extension or renewal) is reasonably likely, at the time the interest is acquired, to exceed 5 years; or

an interest in an agreement giving a right of a kind mentioned in subparagraph (a)(ii) if the term of the agreement (including any extension or renewal) is reasonably likely, at the time the interest in the agreement is acquired, to exceed 5 years; or

an interest in an agreement involving the sharing of profits or income from the use of, or dealings in, Australian land if the term of the agreement (including any extension or renewal) is reasonably likely, at the time the interest in the agreement is acquired, to exceed 5 years; or

an interest in a share in an Australian land corporation or agricultural land corporation; or

an interest in a unit in an Australian land trust or agricultural land trust; or

if the trustee of an Australian land trust or agricultural land trust is a corporation—an interest in a share in that corporation.

the person has previously acquired an interest in Australian land; or

the interest is an increase in the amount of an existing interest of the person in Australian land.

enters an agreement to acquire the interest; or

either:

for an interest in a security, asset or trust—has a right to acquire such an interest under an option; or

for an interest in Australian land—acquires an option to acquire such an interest; or

has a right, other than by reason of having an interest under a trust, to have such an interest transferred to himself or herself or to his or her associate.

the right or option is presently exercisable or exercisable in the future; or

the agreement, right or option requires the fulfilment of a condition.

Provisions of agreements that are not currently binding

Part 4 (notices required for notifiable actions and notifiable national security actions, and may be given of other actions);

Part 5 (offences and civil penalties) to the extent that it relates to Part 4;

any other provision of this Act to the extent that it relates to the provisions mentioned in paragraph (a) or (b);

(d) the definition of new dwelling in section 4 (including to the extent that the definition affects the definition of established dwelling in that section), except in section 95 (acquisition of interests in established dwellings).

a person proposes to take an action to acquire or sell an interest in a security, asset, trust or Australian land; and

the provisions of the agreement to acquire or sell the interest do not become binding on the person until one or more conditions are met;

the person takes the action to acquire or sell the interest, and enters the agreement, only when the provisions become binding.

the person makes an offer to acquire the interest; or

the person makes or publishes a statement (however expressed) that expressly or impliedly invites a holder of an interest in securities, assets or Australian land to offer to dispose of an interest in securities, assets or Australian land; or

the person takes part in, or proposes to take part in, negotiations with a view to acquiring an interest in securities, assets or Australian land.

is in a position to control at least that percentage of the voting power or potential voting power in the entity; or

holds interests in at least that percentage of the issued securities in the entity; or

would hold interests in at least that percentage of the issued securities in the entity if securities in the entity were issued or transferred as the result of the exercise of rights of a kind mentioned in paragraph 15(1)(b) or (c).

“20%”; or

“any percentage”; or

a “substantial interest” or a “direct interest”; or

a percentage that a person holds in another entity.

Meaning of aggregate interest of a specified percentage in an entity

are in a position to control at least that percentage of the voting power or potential voting power in the entity; or

hold interests in at least that percentage of the issued securities in the entity; or

would hold interests in at least that percentage of the issued securities in the entity if securities in the entity were issued or transferred as the result of the exercise of rights of a kind mentioned in paragraph 15(1)(b) or (c).

Meaning of interest of a specified percentage in an unincorporated limited partnership

(a) is in a position to control at least that percentage of the voting power or potential voting power in the partnership; or

is entitled to at least that percentage of the total distributions of capital, assets or profits of the partnership on the dissolution of the partnership; or

is entitled to at least that percentage of the total distributions of capital, assets or profits of the partnership otherwise than on the dissolution of the partnership.

Proxies and representatives

a person has a right that, if exercised, would result in the person holding an interest in an issued security in the entity; and

it cannot be determined at that time (from the right itself or from the circumstances existing at that time) whether the right would be exercised.

the person holds an interest of a particular percentage in the entity; and

the percentage interest that the person holds increases without the person acquiring interests in securities in the entity.

a significant action because of paragraph 40(2)(a) or (b) or 43(a) or section 44; or

a notifiable action because of paragraph 47(2)(a), (b) or (c) or section 48; or

a notifiable national security action because of paragraph 55B(1)(c) or (d); or

a reviewable national security action because of paragraph 55D(1)(a) or 55F(a).

Effect of potential increase—person is taken to propose to take an action of acquiring an interest in securities

the person holds an interest of a particular percentage in the entity; and

there are reasonable grounds to believe that the percentage interest that the person holds may increase without the person acquiring interests in securities in the entity.

a person holds a substantial interest in:

(i) a corporation (the higher party); or

(ii) a trust (a trustee of which is a higher party); or

(iii) an unincorporated limited partnership (a general partner of which is a higher party);

including because of one or more applications of this section; and

the higher party:

(i) is in a position to control all or any of the voting power or potential voting power in a corporation or unincorporated limited partnership (the lower party); or

(ii) holds interests in all or any of the shares in a corporation (the lower party); or

(iii) holds an interest in a trust or unincorporated limited partnership (the lower party), other than the partnership mentioned in subparagraph (a)(iii) (if that subparagraph applies).

if subparagraph (1)(b)(i) applies—the person is taken to be in a position to control the voting power or potential voting power in the lower party that the higher party is in a position to control; or

if subparagraph (1)(b)(ii) applies—the person is taken to hold the interests in the shares in the lower party that the higher party holds; or

if subparagraph (1)(b)(iii) applies—the person is taken to hold the interest in the lower party that the higher party holds.

Tracing—effect of intermediate unincorporated limited partnerships

(a) a person holds a substantial interest in an unincorporated limited partnership (the higher partnership); and

(b) there are one or more unincorporated limited partnerships (each of which is an intermediate partnership in relation to the higher partnership) that are general partners of:

the higher partnership; or

another intermediate partnership in relation to the higher partnership (because of one or more applications of this paragraph); and

(c) a general partner (the intermediate partner) of any of those intermediate partnerships:

(i) is in a position to control all or any of the voting power or potential voting power in a corporation or another unincorporated limited partnership (the lower party), including because of the operation of paragraph (2)(a); or

(ii) holds interests in the shares of a corporation (the lower party), including because of the operation of paragraph (2)(b); or

(iii) holds an interest in a trust or another unincorporated limited partnership (the lower party), including because of the operation of paragraph (2)(c).

if subparagraph (2A)(c)(i) applies—the person is taken to be in a position to control the voting power or potential voting power in the lower party that the intermediate partner is in a position to control; or

if subparagraph (2A)(c)(ii) applies—the person is taken to hold the interests in the shares in the lower party that the intermediate partner holds; or

if subparagraph (2A)(c)(iii) applies—the person is taken to hold the interest in the lower party that the intermediate partner holds.

Section does not apply for certain purposes

determining under any of the following whether a foreign person acquires a direct interest in an Australian entity or Australian business that is an agribusiness:

(i) paragraph 40(2)(a) (meaning of significant action—entities);

(ii) paragraph 41(2)(a) (meaning of significant action—businesses);

(iii) paragraph 47(2)(a) (meaning of notifiable action—general); or

(b) determining under paragraph 47(2)(b) (meaning of notifiable action—general) whether a foreign person acquires a substantial interest in an Australian entity.

starts to hold an interest of that percentage in the business; or

would start to hold an interest of that percentage in the business on the assumption that the person held interests in assets of the business that are interests that the person has offered to acquire; or

for a person who already holds an interest of that percentage in the business:

starts to hold additional interests in assets of the business; or

would start to hold additional interests in assets of the business if interests in assets of the business were transferred as the result of the exercise of rights of a kind mentioned in paragraph 15(1)(b) or (c).

“20%”; or

“any percentage”; or

a “substantial interest” or a “direct interest”; or

a percentage that a person holds in another entity.

starts to hold an interest of that percentage in the entity; or

would start to hold an interest of that percentage in the entity on the assumption that the person:

held interests in securities that are interests that he or she has offered to acquire; or

held rights to votes that might be cast at a general meeting of the entity that are rights that he or she has offered to acquire; or

for a person who already holds an interest of that percentage in the entity:

becomes in a position to control more of the voting power or potential voting power in the entity; or

starts to hold additional interests in the issued securities in the entity; or

would start to hold additional interests in the issued securities in the entity if securities in the entity were issued or transferred as the result of the exercise of rights of a kind mentioned in paragraph 15(1)(b) or (c).

“20%”; or

“any percentage”; or

a “substantial interest” or a “direct interest”; or

a percentage that a person holds in another entity.

the higher entity:

is in a position to control more than half the voting power in the lower entity; or

holds more than half the issued securities in the lower entity (disregarding any securities that carry no right to participate beyond a specified amount in a distribution of either profits or capital); or

the lower entity is a subsidiary of an entity that is the higher entity’s subsidiary (including because of one or more applications of this subsection).

the higher entity in a fiduciary capacity; or

any person as a result of a debenture of the lower entity; or

any person as a result of a trust deed for securing the issue of a debenture of the lower entity.

by any person as a nominee for the higher entity; or

by, or by a nominee for, a subsidiary of the higher entity;

are taken to be held or exercisable by the higher entity.

Meaning of holding entity

because of the exercise of a right might come into existence in the future (whether or not the right is exercisable presently or in the future or on the fulfilment of a condition); and

if it came into existence, might be cast at a general meeting of the entity or partnership.

Exercise of future rights

a right exists that, if exercised, would result in the person being in a position to control more of the potential voting power in the entity or partnership than the person would be in a position to control if the right were not exercised; and

it cannot be determined at that time (whether from the right itself or from the circumstances existing at that time) whether the right would be exercised;

assume that the right were exercised at that time.

Veto power

the person enters into any formal or informal scheme, including by:

creating a trust (whether express or implied); or

entering into a transaction; or

acquiring an interest in a security, asset, trust or Australian land; or

the agreement is materially altered or varied.

sensitive businesses generally, or different sensitive businesses for different kinds of foreign persons; and

different conditions for different sensitive businesses.

(a) an irrigation right (within the meaning of the Water Act 2007) that relates to a water resource in Australia;

a right (including an Australian water access entitlement) conferred by or under a law of a State or Territory to do either or both of the following:

to hold water from a water resource in Australia;

to take water from a water resource in Australia.

stock and domestic rights; or

riparian rights; or

water allocations; or

a right of a kind specified in the regulations.

a foreign person;

a corporation;

a person applying for an exemption certificate under:

section 57 (certificates for new dwellings); or

regulations made for the purposes of section 63;

an individual who holds a substantial interest, or who, as one of 2 or more persons, holds an aggregate substantial interest in a corporation or trust.

Effect of this Act

trade or commerce between Australia and places outside Australia; or

trade or commerce among the States; or

trade or commerce within a Territory, between a State and a Territory or between 2 Territories.

Territories and Commonwealth places power

a Territory; or

(b) a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).

acquisitions of the kind or in the circumstances prescribed by the regulations;

interests of the kind or in the circumstances prescribed by the regulations;

Australian businesses of the kind or in the circumstances prescribed by the regulations;

foreign persons of the kind or in the circumstances prescribed by the regulations.

a particular provision; or

this Act, other than specified provisions.

to acquire a direct interest in an Australian entity that is an agribusiness;

to acquire interests in securities in an entity;

to issue securities in an entity;

to enter an agreement:

relating to the affairs of the entity; and

under which one or more senior officers of the entity will be under an obligation to act in accordance with the directions, instructions or wishes of a foreign person who holds a substantial interest in the entity (or of an associate of such a foreign person);

to alter a constituent document of the entity as a result of which one or more senior officers of the entity will be under an obligation to act in accordance with the directions, instructions or wishes of a foreign person who holds a substantial interest in the entity (or of an associate of such a foreign person).

Second condition—threshold

for an acquisition of interests in shares or an issue of shares:

a corporation that is a relevant entity that carries on an Australian business, whether alone or together with one or more other persons; or

the holding entity of such a corporation;

for any other action relating to a corporation:

an Australian corporation that carries on an Australian business, whether alone or together with one or more other persons; or

the holding entity (other than a foreign corporation) of such a corporation;

for an action relating to a unit trust:

an Australian unit trust; or

a holding entity of an Australian unit trust.

Last condition—action taken by a foreign person

paragraph (2)(b) applies and the action is or is to be taken by a foreign person who controls the entity (whether alone or together with one or more associates) immediately before the action is or is to be taken; or

paragraph (2)(c) applies and a foreign person controls the entity (whether alone or together with one or more associates) immediately before the action is or is to be taken.

to acquire a direct interest in an Australian business that is an agribusiness;

to acquire interests in assets of an Australian business;

to enter or terminate a significant agreement with an Australian business.

Second condition—threshold

paragraph (2)(b) applies; and

the action is or is to be taken by a foreign person who controls the business (whether alone or together with one or more associates) immediately before the action is or is to be taken.

(a) the action is a foreign person acquiring an interest in a new dwelling that will be, is being or has been built on another interest (the development interest) in Australian land; and

the acquisition was from a person who was specified in an exemption certificate in force under section 57; and

the development interest was specified in the certificate; and

the specified person provided the foreign person with a copy of that certificate before the foreign person acquired the interest; and

either:

the conditions (if any) specified in the certificate were met; or

the foreign person is not, at the time of the action, aware that one or more of the conditions specified in the certificate have not been met.

the action is a foreign person acquiring a kind of interest in Australian land; and

the foreign person is specified in an exemption certificate in force under section 58 or 59; and

the interest is, or is of a kind, specified in the certificate; and

the conditions (if any) specified in the certificate were met.

to acquire a direct interest in:

an Australian entity that is an agribusiness; or

an Australian business that is an agribusiness;

to acquire a substantial interest in an Australian entity;

to acquire an interest in Australian land.

Second condition—threshold

an Australian corporation that carries on an Australian business, whether alone or together with one or more other persons; or

an Australian unit trust; or

an Australian entity that is the holding entity of an entity mentioned in paragraph (a) or (b).

Last condition—action taken by a foreign person

the action is a foreign person acquiring an interest in Australian land; and

(b) the action would not be a significant action under significant actions—exemption certificates).section 45 (actions that are not

the land is agricultural land;

the total value of the following is more than the value prescribed for the purposes of this paragraph:

all interests in agricultural land held by the foreign person, alone or together with one or more associates;

the consideration for the acquisition of the interest in the land.

Other land where value of interest is above threshold value

the land is not land prescribed for the purposes of subsection (1) or agricultural land;

the value of the interest in the land is more than the value prescribed for the purposes of this paragraph.

an action relating to an entity, business or land is covered by an agreement; and

the threshold test is met in relation to the action and the entity, business or land;

the threshold test is met for the action even if the test is not met for another action covered by the agreement (whether or not relating to the same entity, business or land).

Actions of more than one kind

a single action is covered by more than one of the following (because an action is an action of more than one kind):

paragraph 40(2)(a), (b), (c), (d) or (e);

paragraph 41(2)(a), (b) or (c);

paragraph 43(a);

a provision of regulations made for the purposes of section 44;

a single action relating to land is covered by more than one subsection of section 52 (because the land is land of more than one kind);

the threshold test is met in relation to the single action if the test is met in relation to any of the kinds of actions or land (even if the threshold test is not met in relation to any of the other kinds of actions or land).

Subdivision C—Change in control

another foreign person would become, or has become, a person who controls the entity or business; or

a person would cease, or has ceased, to be a person who controls the entity or business.

Meaning of control

the person (whether alone or together with one or more associates) is in a position to determine the policy of the entity or business in relation to any matter; or

without limiting paragraph (a), in relation to the acquisition of interests in securities in an entity or an issue of securities in an entity—the person holds a substantial interest in the entity.

values of nil;

different values for different kinds of entities, businesses or land;

different values for different kinds of foreign persons;

different values for:

sensitive businesses generally; or

different sensitive businesses for different foreign persons.

each other; or

the regulations that may be made for the purposes of this Part; or

(c) subsection 33(3A) of the Acts Interpretation Act 1901.

to start a national security business;

to acquire a direct interest in a national security business;

to acquire a direct interest in an entity that carries on a national security business;

to acquire an interest in Australian land that, at the time of acquisition, is national security land;

to acquire a legal or equitable interest in an exploration tenement in respect of Australian land that, at the time of acquisition, is national security land.

the person has previously acquired an interest in an exploration tenement; or

the interest is an increase in the amount of an existing interest of the person in an exploration tenement.

the action is taken, or proposed to be taken, by a person and the action is to acquire an interest of any percentage in an entity; and

as a result of the action or proposed action:

a foreign person acquires, or will acquire, a direct interest in the entity and that acquisition, or proposed acquisition, is not a significant action, notifiable action or notifiable national security action; or

a foreign person will be in a position, or more of a position, to influence or participate in the central management and control of the entity; or

a foreign person will be in a position, or more of a position, to influence, participate in or determine the policy of the entity; and

the action is or was not otherwise a significant action, a notifiable action or a notifiable national security action.

the action is taken, or proposed to be taken, by a person and the action is:

to issue securities in an entity; or

to enter an agreement relating to the affairs of an entity and under which one or more senior officers of the entity will be under an obligation to act in accordance with the directions, instructions or wishes of a foreign person who holds a direct interest in the entity; or

to alter a constituent document of an entity as a result of which one or more senior officers of the entity will be under an obligation to act in accordance with the directions, instructions or wishes of a foreign person who holds a direct interest in the entity; and

in the case to which subparagraph (a)(i) applies—as a result of the action or proposed action:

a foreign person acquires, or will acquire, a direct interest in the entity and that acquisition, or proposed acquisition, is not a significant action, notifiable action or notifiable national security action; or

a foreign person will be in a position, or more of a position, to influence or participate in the central management and control of the entity; or

a foreign person will be in a position, or more of a position, to influence, participate in or determine the policy of the entity; and

the action is or was not otherwise a significant action, a notifiable action or a notifiable national security action.

Definitions of entity

for an acquisition of interests in shares:

a corporation that carries on an Australian business, whether alone or together with one or more other persons; or

the holding entity of such a corporation; or

for any other action relating to a corporation:

an Australian corporation that carries on an Australian business, whether alone or together with one or more other persons; or

the holding entity (other than a foreign corporation) of such a corporation; or

for an action relating to a unit trust:

an Australian unit trust; or

a holding entity of an Australian unit trust.

for an acquisition of interests in shares or an issue of shares:

a corporation that is a relevant entity that carries on an Australian business, whether alone or together with one or more other persons; or

the holding entity of such a corporation; or

for any other action relating to a corporation:

an Australian corporation that carries on an Australian business, whether alone or together with one or more other persons; or

the holding entity (other than a foreign corporation) of such a corporation; or

for an action relating to a unit trust:

an Australian unit trust; or

a holding entity of an Australian unit trust.

the action is taken, or proposed to be taken, by a person and the action is any of the following:

to acquire an interest of any percentage in an Australian business;

to acquire an interest in the assets of an Australian business;

to enter or terminate a significant agreement with an Australian business; and

as a result of the action or proposed action:

a foreign person acquires, or will acquire, a direct interest in the Australian business and that acquisition, or proposed acquisition, is not a significant action, notifiable action or notifiable national security action; or

a foreign person will be in a position, or more of a position, to influence or participate in the central management and control of the Australian business; or

a foreign person will be in a position, or more of a position, to influence, participate in or determine the policy of the Australian business; and

the action is or was not otherwise a significant action, a notifiable action or a notifiable national security action.

the action is taken, or proposed to be taken, by a foreign person and the action is to start an Australian business; and

the action is or was not otherwise a significant action, a notifiable action or a notifiable national security action.

the person or any other person proposes to acquire or has acquired an interest in Australian land; and

the person or other person proposes to dispose of new dwellings to foreign persons that will be, are being or have been built on that land.

the person (who may not yet be incorporated or established) to whom the certificate relates; and

the interest to which the certificate relates.

the person (who may not yet be incorporated or established) to whom the certificate relates; and

the kinds of interests in Australian land to which the certificate relates.

the person to whom the certificate relates; and

the interest to which the certificate relates.

one or more conditions; and

a period during which the certificate is in force; and

any other matter.

in respect of a certificate taken to be given under section 57, 58 or 59—deal with the interests or kinds of interests to which the certificate relates; or

in respect of a certificate taken to be given under the regulations—deal with the interest or kinds of interests, or the action or kinds of actions, to which the certificate relates.

the period prescribed by the regulations;

if, before the end of the period (including the period as extended under this paragraph), the person requests in writing the Treasurer to extend the period—the period as so extended;

if, before the end of the period (including the period as extended under this paragraph or paragraph (b)), the Treasurer extends the period under section 61A—the period as so extended.

Giving exemption certificates

must be given to the person before the end of 10 days after the decision is made; and

may be given to the person at an address (including an electronic address) specified in the application by the person as the address for service of notices relating to the application.

Failure to make decision or give exemption certificate

make a decision before the end of the period mentioned in subsection (1); or

if the Treasurer makes a decision before the end of the period—give the person the exemption certificate in accordance with subsection (2).

the person to whom the certificate relates; and

in respect of a certificate taken to be given under section 57, 58 or 59—the interests or kinds of interests to which the certificate relates; and

in respect of a certificate taken to be given under the regulations—the interest or kinds of interests, or the action or kinds of actions, to which the certificate relates; and

the period during which the certificate is in force;

in accordance with the information specified in the application.

must include the reasons for the decision; and

may be given to the person at an address (including an electronic address) specified in the application by the person as the address for service of notices relating to the application.

relevant to the exemption certificate; and

false or misleading in a material particular.

the Treasurer is satisfied that before the exemption certificate was given the person gave the Treasurer information that was or documents that were:

relevant to the exemption certificate; and

false or misleading in a material particular; and

the Treasurer has given the person a notice under subsection (2) in respect of the exemption certificate; and

the variation or revocation is made no later than 120 days after the day on which the Treasurer gave the person that notice.

an exemption certificate relates to an action; and

either:

the exemption certificate is revoked under section 62 or 62A; or

the exemption certificate is varied under section 62 or 62A, and as a result of the variation the exemption certificate no longer relates to the action.

a significant action;

a notifiable action;

a notifiable national security action;

a reviewable national security action.

if the revocation or variation specifies a time when it comes into effect—that time; or

otherwise—the time when the revocation or variation is made.

at the time the action was taken:

it was not a core Part 3 action; or

it was not contrary to the national interest or to national security; and

as a result of the operation of subsection (2), the action becomes a core Part 3 action at the time mentioned in subsection (3).

it was not a core Part 3 action; or

it was not contrary to the national interest or to national security.

either:

the securities in an entity can only be transferred together with securities in one or more other entities; or

an entity has entered an agreement with one or more other entities resulting in the entities being under a legal obligation to operate on a unified basis; and

(b) a person takes an action in relation to one of the entities (the target) mentioned in paragraph (a); and

the target is not:

an Australian entity; or

an entity carrying on an Australian business; or

an entity carrying on a national security business; or

the holding entity of an entity mentioned in subparagraph (ii) or (iii);

as is required for the action to be a significant action, notifiable action, notifiable national security action or reviewable national security action; and

there is at least one other entity mentioned in paragraph (a) that is an entity of a kind mentioned in subparagraph (c)(i), (ii), (iii) or (iv).

a reviewable national security action; or

a significant action that is not a notifiable action or notifiable national security action;

if the Treasurer considers that the action may pose a national security concern.

When review may begin

paragraphs 15(1)(b) and (c);

paragraphs 17(1)(c) and (2)(c);

subparagraphs 19A(1)(c)(ii) and 20(1)(c)(iii).

Notice of review

the action has been notified to the Treasurer;

a person was given a no objection notification in relation to the action;

the action or the kind of action is specified in an exemption certificate that is in force under Division 5 of Part 2 or the regulations;

the action has been taken and, at the time it was taken, the action or the kind of action was specified in an exemption certificate in force under Division 5 of Part 2 or the regulations;

an order or decision under Division 2 or 3 of this Part has been made by the Treasurer in relation to the action.

a significant action (other than a significant action covered by subparagraph (1A)(a)(ii)) is proposed to be taken; and

taking the significant action would be contrary to the national interest.

an action of any of the following kinds is proposed to be taken:

a notifiable national security action that is not a significant action;

an action in respect of which the Treasurer has given a notice under subsection 66A(4);

a reviewable national security action notified to the Treasurer; and

taking the action would be contrary to national security.

a significant action (other than a significant action covered by subparagraph (1A)(a)(ii)) has been taken; and

the result of the significant action is contrary to the national interest.

an action of any of the following kinds has been taken:

a notifiable national security action that is not a significant action;

an action in respect of which the Treasurer has given a notice under subsection 66A(4);

a reviewable national security action that is notified to the Treasurer; and

the result of the action is contrary to national security.

a foreign person is taken to have acquired an interest in Australian land if the person becomes (with or without the knowledge of the person) a beneficiary in a trust that consists of or includes the interest; and

if the trust is a discretionary trust—a reference to the disposal of the interest of the foreign person is a reference to the disposal of any assignable benefits in relation to that trust that may ultimately vest in that foreign person.

Orders made under table items 2, 3, 5 or 6

restoring the control of the entity or business as closely as possible to the position in which it was before the significant action was taken; or

preventing the occurrence of a change in control of the entity or business.

restoring the foreign person’s position to influence or participate in the central management and control of the entity as closely as possible to what is was before the action was taken; or

restoring the foreign person’s position to influence or participate, participate in or determine the policy of the entity as closely as possible to what is was before the action was taken.

a person is given a no objection notification specifying one or more actions; and

in the case of a no objection notification relating to actions that are proposed to be taken—the actions specified in the no objection notification were taken; and

in any case, both of the following apply:

either the period specified under section 76 in the notification has not ended or the actions were taken before the end of the period specified in the notification;

the foreign persons who took the actions were specified in the notification.

the person is convicted of an offence against section 87 in relation to a condition included in the notification; or

(b) an order is made under Crimes Act 1914 in relation to the person in respect of such an offence; orsection 19B of the

a civil penalty order is made against the person under the Regulatory Powers Act in relation to a contravention of section 93, 96 or 97 of this Act relating to a condition included in the notification.

a significant action that is not specified in the notification but is covered by the same agreement that covered the actions mentioned in subsection (1); or

a foreign person who is not specified in the notification but who took significant actions covered by the same agreement that covered the actions mentioned in subsection (1).

the Treasurer is satisfied that a significant action (other than a significant action covered by paragraph (1A)(b)) is proposed to be taken (whether or not the Treasurer was given a notice relating to the action); or

all of the following apply:

the Treasurer is satisfied that a significant action has been taken;

the Treasurer was not given a notice relating to the action before the action was taken;

the action is not covered by paragraph (1A)(b); or

all of the following apply:

the Treasurer is satisfied that a significant action has been taken;

the Treasurer was given a notice relating to the action before the action was taken;

the action is not covered by paragraph (1A)(b);

the action was taken before the day mentioned in section 82.

a notifiable national security action that is not a significant action;

an action in respect of which the Treasurer has given a notice under subsection 66A(4);

a reviewable national security action that is notified to the Treasurer.

Imposition of conditions

decide that the Commonwealth has no objection to the action if one or more of the following conditions were imposed:

for paragraph (1)(a)—a condition that the Treasurer is satisfied is necessary to ensure the action, if taken, will not be contrary to the national interest;

for paragraphs (1)(b) and (c)—a condition that the Treasurer is satisfied is necessary to ensure that the action is not contrary to the national interest;

for subsection (1A) and in relation to an action proposed to be taken—a condition that the Treasurer is satisfied is necessary to ensure the action, if taken, will not be contrary to national security;

for subsection (1A) and in relation to an action that has been taken—a condition that the Treasurer is satisfied is necessary to ensure the action is not contrary to national security; and

(b) notify the person, in writing (the no objection notification), of the conditions.

must be given before the end of 10 days after the decision is made; and

if a notice relating to the action was given—may be given to the person at an address (including an electronic address) specified in that notice as the address for service of notices relating to the action.

Variation and revocation of conditions

in relation to an action of a kind mentioned in subsection (1)—vary a no objection notification given to a person in one or more ways mentioned in subsection (4A) if the Treasurer is satisfied that the variation is not contrary to the national interest; and

in relation to an action of a kind mentioned in subsection (1A)—vary a no objection notification given to a person in one or more ways mentioned in subsection (4A) if the Treasurer is satisfied that the variation is not contrary to national security.

revoking a condition;

imposing a new condition;

varying an existing condition;

varying the information specified under section 76.

the person consents to the new condition or the variation; or

the Treasurer is satisfied that the new condition or variation does not disadvantage the person.

Statements in notices

a notice relating to an action stating that a person has a right (including a right under an option) to acquire interests in securities, assets or Australian land is taken to be a statement that the person proposes to acquire the interests in the securities, assets or land; and

a notice relating to an action stating that a person proposes to acquire a right (including a right under an option) to acquire an interest in a security, asset or Australian land is taken to be a statement that the person proposes to exercise that right.

Effect of notification on later actions

a person gives a notice to the Treasurer relating to more than one significant action proposed to be taken in relation to an entity or business; and

the Treasurer is satisfied that the actions would result in a change in control of the entity or business; and

the Treasurer gives a no objection notification to the person under this section in relation to the actions; and

not all of the actions are taken; and

the person gives a later notice to the Treasurer relating to a later action that is proposed to be taken in relation to the entity or business;

the giving of the no objection notification does not prevent the Treasurer from determining that there has been or will be a change in control of the entity or business as a result of the later action.

the Treasurer receives a notice that a person proposes to take an action; and

the Treasurer is satisfied that the action is covered by:

(i) subsections 40(2) and (3), and whichever of subsection 40(4) or (5) applies (meaning of significant action—entities); or

(ii) subsections 41(2) and (3) and subsection 41(4) (if it applies) (meaning of significant action—business); or

(iii) significant action—land); orsection 43 (meaning of

(iv) regulations made for the purposes of significant action—actions prescribed by the regulations), disregarding any conditions prescribed by the regulations in relation to a change in control.section 44 (meaning of

the Treasurer receives a notice that a person proposes to take a notifiable national security action; or

a person proposes to take:

an action in respect of which the Treasurer has given a notice under subsection 66A(4); or

a reviewable national security action that the person notifies to the Treasurer.

decide that the Commonwealth has no objection to the action; and

(b) notify the person, in writing (the no objection notification), of the decision.

must be given before the end of 10 days after the decision is made; and

may be given to the person at an address (including an electronic address) specified in the notice relating to the action as the address for service of notices relating to the action.

Statements in notices

a notice relating to an action stating that a person has a right (including a right under an option) to acquire interests in securities, assets or Australian land is taken to be a statement that the person proposes to acquire the interests in the securities, assets or land; and

a notice relating to an action stating that a person proposes to acquire a right (including a right under an option) to acquire an interest in a security, asset or Australian land is taken to be a statement that the person proposes to exercise that right.

Effect of notifications on later actions

specify the following:

the one or more actions to which the notification relates;

the one or more foreign persons to which the notification relates; and

include the following:

a requirement that the actions to which the notification relates, if taken, must be taken before the end of a specified period after the day the notification is given;

a statement to the effect that the Treasurer may, in certain circumstances review the actions to which the notification relates under Division 3 and exercise powers under that Division.

a foreign person that:

is not yet incorporated; or

is a trustee of a trust that is not yet established; and

the way in which the foreign person is to be incorporated or the trust is to be established.

the notification specified the foreign person under subsection (2) before the foreign person was incorporated or the trust was established; and

the foreign person is not incorporated or the trust is not established in the way specified in the notification.

the period prescribed by the regulations; or

if the Treasurer is satisfied that a longer period is not contrary to national security or the national interest—that longer period.

in the case of a no objection notification given in relation to an action of a kind mentioned in subsection 74(1) or 75(1)—the Treasurer is satisfied that the variation is not contrary to the national interest; and

in the case of a no objection notification given in relation to an action of a kind mentioned in subsection 74(1A) or 75(1A)—the Treasurer is satisfied that the variation is not contrary to national security.

relevant to the no objection notification; and

false or misleading in a material particular.

the Treasurer is satisfied that before the no objection notification was given the person (or another person specified in the notification) gave the Treasurer information that was or documents that were:

relevant to the no objection notification; and

false or misleading in a material particular; and

the Treasurer has given the person a notice under subsection (2) in respect of the no objection notification; and

the revocation is made no later than 120 days after the day on which the Treasurer gave the person that notice.

an order under section 67, 68 or 69; or

a decision under paragraph 74(2)(a) or 75(2)(a);

as if the no objection notification had never been given (and the relevant decision had never been made).

Subdivision C—Time limits on making orders and decisions

the Treasurer makes, or purports to make, an interim order in relation to the action on or before the end of the decision period; and

the interim order is registered in accordance with section 79M;

the Treasurer must not make an order under section 67 or 69 or a decision under section 74 or 75 relating to the action after the end of the period specified in the interim order.

No time limit if action taken during period

the decision period started because the Treasurer received a notice from a person stating that the action was proposed to be taken; and

the person took the action before the end of:

for a case to which subsection (1) applies—the decision period; or

for a case to which subsection (2) applies—the period specified in the interim order.

No time limit if order made during period

(a) the Treasurer made an order (other than an interim order) or decision under Division 2 relating to the action on or before the end of:

for a case to which subsection (1) applies—the decision period; or

for a case to which subsection (2) applies—the period specified in the interim order; and

the Treasurer also registers the order in accordance with section 79M, or gives a notification in accordance with subsection 74(3) or 75(3).

Later decision periods

another decision period that has started in relation to the action under subsection (6); or

a period specified in an interim order made, or purported to be made, during another decision period that has started in relation to the action under subsection (6).

When a decision period starts

beginning on the day the notice is given; and

ending on the day the person gives the information or produces the document in accordance with the notice.

Meaning of decision period

the period of 30 days after the day the event referred to in column 2 of the applicable item of the table in subsection (6) occurs; or

if, before the end of a decision period (including a decision period as extended under this paragraph), the person specified in subsection (9) requests in writing the Treasurer to extend the period—the period as so extended; or

if, before the end of a decision period (including a decision period as extended under this paragraph or paragraph (b)), the Treasurer extends the period under section 77A—the period as so extended.

Specified person for extensions of the decision period

in a case to which item 1, 3 or 4 of the table in subsection (6) applies—the person mentioned in column 2 of that table item; or

in a case to which item 2 of the table in subsection (6) applies in relation to a variation or revocation under section 62—the person to whom the exemption certificate was given; or

in a case to which item 2 of the table in subsection (6) applies in relation to a variation or revocation under section 62A—the person to whom the notice under section 62A was given; or

in a case to which item 5 of the table in subsection (6) applies—the person who took, or proposed to take, the action.

must include the reasons for the decision; and

in a case to which item 1 of the table in subsection 77(6) applies—may be given to the person at an address (including an electronic address) specified in the notice relating to the action as the address for service of notices relating to the action.

one or more persons enter into, begin to carry out or carry out a scheme; and

the Treasurer is satisfied that any of the persons who entered into, began to carry out or carried out all or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of this Act in relation to one or more persons (whether those persons are the same as the persons mentioned in paragraph (a)); and

all or part of the scheme has achieved, or (apart from this section) would achieve, that purpose.

the Treasurer makes an order under section 78 (anti-avoidance) in relation to more than one person; and

the Treasurer is satisfied that not making an order under subsection (2) is contrary to national security or the national interest.

any of the following apply:

a no objection notification in relation to the action has been given and has not been revoked under section 76A;

the action has been taken and, at the time it was taken, the action or the kind of action was specified in an exemption certificate in force under Division 5 of Part 2 or the regulations;

the action has been taken and, at the time it was taken, the interest or kind of interest to which the action relates was specified in an exemption certificate in force under Division 5 of Part 2 or the regulations;

an interim order in relation to the action was made and the Treasurer did not make an order under section 67 before the end of the period specified in the interim order;

an order or decision under Division 2 was not made by the Treasurer in relation to the action before the end of the decision period;

a person was given a notice imposing conditions under section 79H in relation to the action; and

any of the following apply:

the person notified the action to the Treasurer and made a statement, whether orally or in that notification, that was false or misleading in a material particular, or that omitted a matter or thing without which the statement was misleading in a material particular;

the business, structure or organisation of the person has, or the person’s activities have, materially changed since the time paragraph (a) was satisfied;

the circumstances or market in which the action was, or is proposed to be, taken have materially changed since the time paragraph (a) was satisfied.

Treasurer to decide whether a national security risk exists

the Treasurer must, unless it would prejudice Australia’s national security interests to do so, notify the person, in writing, of the review; and

if the action has not been taken—the giving of the notice prohibits, by force of this paragraph, the taking of the action until the review of the action is completed and:

an order made under this Division is registered under section 79M; or

a no objection notification is varied under section 79G; or

a notice imposing conditions is given to the person under section 79H or is varied under section 79J; or

a notice is given under section 79B advising that a national security risk does not exist in relation to the action; and

if the action has been taken—the Treasurer may:

in the notice—give any direction to the person in relation to the action or a related activity that the Treasurer considers necessary to address the national security risk; and

in writing and before the review is completed—give any subsequent direction to the person in relation to the action or a related activity that the Treasurer considers necessary to address the national security risk.

give written notice to the person who proposes to take, or took, the action of the review; and

either:

if the Treasurer decides that a national security risk does not exist in relation to the action—include a statement to that effect in the notice; or

if the Treasurer decides that a national security risk exists in relation to the action—include the Treasurer’s reasons for deciding that the risk exists in the notice.

any reasons that would disclose the national security risk or result in prejudice to Australia’s national security interests; or

any information relied on in carrying out the review of the action on grounds of national security.

an action is proposed to be taken; and

taking the action would be contrary to national security.

an action has been taken; and

the result of the action is contrary to national security.

a foreign person is taken to have acquired an interest in Australian land if the person becomes (with or without the knowledge of the person) a beneficiary in a trust that consists of or includes the interest; and

if the trust is a discretionary trust—a reference to the disposal of the interest of the foreign person is a reference to the disposal of any assignable benefits in relation to that trust that may ultimately vest in that foreign person.

Orders made under table items 2, 3, 4 or 6

decide that the Commonwealth has no objection to the action if one or more conditions were imposed that the Treasurer is satisfied would be reasonably necessary for purposes relating to eliminating or reducing the national security risk relating to the action; and

(b) notify the person, in writing (the notice imposing conditions), of the conditions.

must be given before the end of 10 days after the decision is made; and

if a notice relating to the action was given—may be given to the person at an address (including an electronic address) specified in that notice as the address for service of notices relating to the action.

Content of notice

specify the following:

the one or more actions to which the notice relates;

the one or more foreign persons to which the notice relates; and

include the following:

a requirement that the actions to which the notice relates, if taken, must be taken before the end of a specified period after the day the notice is given;

a statement to the effect that the Treasurer may, in certain circumstances, review the actions to which the notification relates under Division 3 and exercise powers under that Division.

a foreign person that:

is not yet incorporated; or

is a trustee of a trust that is not yet established; and

the way in which the foreign person is to be incorporated or the trust is to be established.

the notice specified the foreign person under subsection (4) before the foreign person was incorporated or the trust was established; and

the foreign person is not incorporated or the trust is not established in the way specified in the notice.

the period prescribed by the regulations; or

if the Treasurer is satisfied that a longer period is not contrary to national security or the national interest—that longer period.

the Treasurer is satisfied that the variation or revocation is not contrary to the national interest; and

for a variation:

the person consents to the variation; or

the Treasurer is satisfied that the variation does not disadvantage the person.

an order made under subsection 67(2) because the Treasurer was satisfied as mentioned in subsection 67(1);

an order made under section 68 because the Treasurer was considering making an order mentioned in paragraph (a);

an order made under subsection 69(2) because the Treasurer was satisfied as mentioned in subsection 69(1).

Variations or revocations not contrary to the national security

made under subsection 67(2) because the Treasurer was satisfied as mentioned in subsection 67(1A); or

made under section 68 because the Treasurer was considering making an order mentioned in paragraph (a); or

made under subsection 69(2) because the Treasurer was satisfied as mentioned in subsection 69(1A); or

made under Division 3;

at any time if the Treasurer is satisfied that the variation or revocation is not contrary to national security.

Subsection 33(3) of the Acts Interpretation Act not to apply

in writing; and

registered on the Federal Register of Legislation within 10 days after it is made.

When an order commences

for an order under subsection 67(3) or 79D(3) (additional orders) or section 69 or 79E (disposal orders)—on the day specified in the order that is at least 30 days after the order is registered; and

for any other order—on the day the order is registered.

revoking a condition; or

imposing a new condition; or

varying an existing condition; or

varying the information specified under section 79H;

if the Treasurer is satisfied that the variation is not contrary to national security.

the person consents to the new condition or the variation; or

the Treasurer is satisfied that the new condition or variation does not disadvantage the person.

(a) the Treasurer has reason to believe that a person has engaged, or is engaging, in conduct that constitutes a contravention (the relevant contravention) of a provision of this Act;

(b) the Treasurer has reason to believe that a person will engage in conduct that would constitute a contravention (also the relevant contravention) of a provision of this Act.

if paragraph (1)(a) applies—address the relevant contravention; and

if paragraph (1)(b) applies—prevent the relevant contravention; and

in any case—prevent a similar or related contravention.

during a specified period; or

by or until a specified time; or

until a specified condition is met.

to comply with one or more specified provisions of this Act;

if the relevant contravention relates to one or more conditions in a no objection notification or exemption certificate—to comply with those conditions in the no objection notification or exemption certificate;

to engage in specified conduct that is necessary to address or prevent consequences arising from the relevant contravention that the Treasurer is satisfied are contrary to the national interest;

to take specified steps that are ancillary to conduct mentioned in the previous paragraphs of this subsection;

any other conduct of a kind specified in the regulations.

to ensure that specified persons cease to be senior officers of the corporation;

to ensure that specified persons do not become senior officers of the corporation;

to ensure that specified kinds of person (such as persons who are not Australian citizens, or who are foreign persons) cease to be senior officers of the corporation;

to ensure that specified kinds of person (such as persons who are not Australian citizens, or who are foreign persons) do not become senior officers of the corporation;

to ensure that a specified proportion of the senior officers of the corporation are not specified kinds of person (such as persons who are not Australian citizens, or who are foreign persons).

the direction is no longer appropriate; and

revoking the direction is not contrary to the national interest.

the time when it is given to the person in respect of which the direction was made;

the time specified in the variation or revocation as the time when it takes effect.

Subdivision B—Interim directions to persons

any of the following conditions are met:

(i) the Treasurer has reason to believe that a person has engaged, or is engaging, in conduct that constitutes a contravention (the relevant contravention) of a provision of this Act;

(ii) the Treasurer has reason to believe that a person will engage in conduct that would constitute a contravention (also the relevant contravention) of a provision of this Act; and

the Treasurer considers that a delay in making the interim direction would be contrary to the national interest.

if subparagraph (1)(a)(i) applies—address the relevant contravention; and

if subparagraph (1)(a)(ii) applies—prevent the relevant contravention; and

in any case—prevent a similar or related contravention.

during a specified period; or

by or until a specified time; or

until a specified condition is met.

to comply with one or more specified provisions of this Act;

if the relevant contravention relates to one or more conditions in a no objection notification or exemption certificate—to comply with those conditions in the no objection notification or exemption certificate;

to engage in specified conduct that is necessary to address or prevent consequences arising from the relevant contravention that the Treasurer is satisfied are contrary to the national interest;

to take specified steps that are ancillary to conduct mentioned in the previous paragraphs of this subsection;

any other conduct of a kind specified in the regulations.

the Treasurer makes an interim direction under subsection 79V(3) in respect of a person because a condition in subparagraph 79V(1)(a)(i) or (ii) was met in relation to a relevant contravention of a provision; and

after the day on which the interim direction takes effect, the Treasurer makes a direction under subsection 79R(3) in respect of the person because a condition in paragraph 79R(1)(a) or (b) was met in relation to the relevant contravention.

the interim direction is no longer appropriate; and

revoking the interim direction is not contrary to the national interest.

the time when it is given to the person in respect of which the interim direction was made;

the time specified in the variation or revocation as the time when it takes effect.