decide that the Commonwealth has no objection to the action;

impose conditions on the action;

prohibit the action;

require the action to be undone (for example, by requiring the disposal of an interest that has been acquired).

an order made prohibiting an action, or requiring an action to be undone; or

a condition imposed on an action.

for an entity—the persons hold an aggregate interest of at least 40% in the entity; or

for a trust (including a unit trust)—the persons, together with any one or more associates of any of them hold, in the aggregate, beneficial interests in at least 40% of the income or property of the trust.

the trustee of which holds relevant Australian assets; or

the trustee of which carries on an Australian business; or

the central management and control of which is in Australia; or

in which one or more persons who are ordinarily resident in Australia hold more than 50% of the beneficial interests in the income or property of the unit trust; or

that is listed for quotation in the official list of a stock exchange in Australia.

used wholly and exclusively for a primary production business; or

on which there is at least one dwelling (except commercial residential premises); or

(c) on which the number of dwellings (except commercial residential premises) that could reasonably be built is less than the number prescribed by the regulations for the purposes of subparagraph (a)(ii) of the definition of residential land in this section.

for a corporation—the constitution of the corporation; and

for a unit trust—the trust deed for the trust.

the voting power—has the meaning given by section 23; and

an entity or business—has the meaning given by subsections 54(4) and (5).

debenture stock, bonds and notes; and

any other document evidencing or acknowledging indebtedness of an entity, whether or not constituting a charge on the assets of the entity.

the buildings will be, are being or have been built; and

the buildings are or were under one development approval; and

the number of independent self-contained dwellings (other than townhouses) that the buildings contain or will contain is at least the number prescribed by the regulations.

section 57, 58 or 59; or

regulations made for the purposes of section 63.

a body politic of a foreign country; or

a body politic of part of a foreign country; or

a part of a body politic mentioned in paragraph (a) or (b).

an individual not ordinarily resident in Australia; or

a corporation in which an individual not ordinarily resident in Australia, a foreign corporation or a foreign government holds a substantial interest; or

a corporation in which 2 or more persons, each of whom is an individual not ordinarily resident in Australia, a foreign corporation or a foreign government, hold an aggregate substantial interest; or

the trustee of a trust in which an individual not ordinarily resident in Australia, a foreign corporation or a foreign government holds a substantial interest; or

the trustee of a trust in which 2 or more persons, each of whom is an individual not ordinarily resident in Australia, a foreign corporation or a foreign government, hold an aggregate substantial interest; or

a foreign government; or

any other person, or any other person that meets the conditions, prescribed by the regulations.

for a corporation—a general meeting of the corporation; or

for a unit trust—a general meeting of the unit holders of the trust.

in a security—has the meaning given by section 9; and

in an asset—has the meaning given by section 10; and

in a trust—has the meaning given by section 11; and

in Australian land—has the meaning given by section 12; and

of a specified percentage in an entity—has the meaning given by section 17.

a building (including a new dwelling or an established dwelling) or a part of a building; and

subsoil of land.

(a) a right (however described) under a law of the Commonwealth, a State or a Territory to recover minerals (such as coal or ore), oil or gas in Australia or from the seabed or subsoil of the offshore area, other than a right to recover minerals, oil or gas for the purposes of prospecting or exploring for minerals, oil or gas; or

a right that preserves a right mentioned in paragraph (a); or

a lease under which the lessee has a right mentioned in paragraph (a) or (b); or

an interest in a right mentioned in paragraph (a) or (b) or under a lease mentioned in paragraph (c).

has not been previously sold as a dwelling; and

either:

has not been previously occupied; or

if the dwelling is contained in a development and the dwelling was sold by the developer of the development—has not been previously occupied for more than 12 months in total.

for a corporation—a director of the corporation;

for a unit trust:

the trustee of which is an individual—the trustee; and

the trustee of which is a corporation—a director of the trustee; and

in any case—any other individual involved in the central management and control of the trust;

a person who is, or a person in a group of persons who are, in a position to determine the investments or policy of the entity or a trustee of the entity;

a person who makes, or participates in making, decisions that affect the whole, or a substantial part of, the business of the entity;

a person who has the capacity to affect significantly the financial standing of the entity;

a receiver and manager of any part of the business of the entity appointed under a power contained in any instrument;

an administrator of the entity;

an administrator under a deed of company arrangement executed by the entity;

a liquidator of the entity appointed in a voluntary winding up.

the exclusive economic zone of Australia; or

the continental shelf of Australia.

to acquire an interest in securities, assets or Australian land—has a meaning affected by subsection 16(1); and

to enter or terminate an agreement—has a meaning affected by subsection 16(2).

Australian land, including legal and equitable interests (within the ordinary meaning of the term) in such land; or

securities in an Australian entity.

an Australian entity;

a foreign corporation:

that holds relevant Australian assets; or

that is a holding corporation of one or more Australian corporations;

a holding entity of such a foreign corporation or of an Australian unit trust.

means land in Australia if:

there is at least one dwelling on the land; or

the number of dwellings that could reasonably be built on the land is less than the number prescribed by the regulations; and

does not include land:

used wholly and exclusively for a primary production business; or

on which the only dwellings are commercial residential premises.

any agreement, understanding, promise or undertaking:

whether express or implied; and

whether or not enforceable, or intended to be enforceable, by legal proceedings; and

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

is an agency or instrumentality of a foreign country or a part of a foreign country; and

is not part of the body politic of a foreign country or of a part of a foreign country.

stock into which all or any of the share capital of the corporation has been converted; and

except in section 9, an interest in such a share or in such stock.

the leasing of, the letting on hire of, or the granting of other rights to use, assets of the business; or

the participation by a person in the profits or central management and control of the business.

for an entity—the person holds an interest of at least 20% in the entity; or

for a trust (including a unit trust)—the person, together with any one or more associates, holds a beneficial interest in at least 20% of the income or property of the trust.

(a) holds a temporary visa under the Migration Act 1958 that allows the individual to remain in Australia for a continuous period of more than 12 months (disregarding the amount of that period remaining); or

meets the following conditions:

the individual is residing in Australia;

(ii) the individual has applied for a permanent visa under the Migration Act 1958;

the individual holds a bridging visa under that Act that allows the individual to remain in Australia until the application has been finally determined; or

meets the conditions prescribed by the regulations.

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

the individual is not in but, immediately before the individual’s most recent departure from , the individual’s continued presence in 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).

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.

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 the Corporations Act 2001), to acquire financial products on the client’s behalf in the ordinary course of that business; or

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 managed investment scheme (within the meaning of the Corporations Act 2001) and the other is the responsible entity of the scheme; 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.

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).

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 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.

the person holds or acquires a beneficial interest in the income or property of the trust; or

the person holds or acquires an interest in a unit in a unit trust.

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.

its remoteness; or

the manner in which it arose; or

the fact that the exercise of a right conferred by the interest is, or is capable of being made, subject to restraint or restriction.

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.

Part 4 (notice of notifiable action);

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 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.

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).

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.

either:

(i) a person holds a substantial interest in a corporation or trust (the higher entity); or

(ii) 2 or more persons hold an aggregate substantial interest in a corporation (the higher entity); or

(iii) 2 or more persons hold an aggregate substantial interest in a trust (the trustee of which is a higher entity);

the higher entity:

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

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

(iii) holds an interest in a trust (the lower entity).

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

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

if subparagraph (1)(b)(iii) applies—the person or persons are taken to hold the interest in the lower entity that the higher entity holds.

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 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;

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.

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 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;

have legal or equitable force; or

are based on legal or equitable rights.

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.

all individuals, whether or not resident in Australia or Australian citizens; and

all corporations, whether or not formed or carrying on business in Australia; and

all unit trusts, whether or not Australian unit trusts.

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.

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.

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).

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.

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.

the action is for a foreign person to acquire an interest in Australian land; and

the threshold test is met in relation to the land (see Subdivision B of Division 4).

(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 or Australian business that is an agribusiness; or

to acquire a substantial interest in an Australian entity; or

to acquire an interest in Australian land.

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

to acquire a substantial interest in an Australian entity;

to acquire an interest in Australian land.

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).

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.

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.

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);

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.

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; or

the person is one of 2 or more persons who hold an aggregate 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.

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.

the period prescribed by the regulations;

if the person requests in writing the Treasurer to extend the period—the period as so extended.

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.

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

the interests or kinds of interests to which the certificate relates; and

the period during which the certificate is in force;

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

the holding entity of such an entity;

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

a significant action is proposed to be taken; and

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

a significant action has been taken; and

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

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.

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.

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

for a decision to which paragraph 74(1)(a) or section 75 applied—the actions specified in the 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 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.

in writing; and

published in the Gazette within 10 days after it is made.

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

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

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;

the Treasurer is satisfied that a significant action is proposed to be taken (whether or not the Treasurer was given a notice relating to the action); or

both 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; 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 was taken before the day mentioned in section 82.

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; 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.

revoking a condition; or

imposing a new condition; or

varying an existing condition; or

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.

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.

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 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

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.

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.

the one or more actions to which the notification relates;

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

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 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 the national interest—that longer period.

the decision period ends; and

the person has not taken the action by the end of the decision period; and

either:

the Treasurer has not made such an order or decision relating to the action by the end of the decision period; or

if the Treasurer has made such an order or decision by the end of the decision period—the Treasurer has not published the order in the Gazette in accordance with section 72 or given a notification in accordance with subsection 74(3) or 75(3).

the Treasurer makes the interim order before the end of the decision period; and

(b) the interim order is published in the Gazette in accordance with section 72; and

the period specified in the interim order ends; and

by the end of that period, the Treasurer has not:

made an order under section 67 or 69 relating to the action and published the order in the Gazette in accordance with section 72; or

made a decision and given a no objection notification relating to the action in accordance with section 74 or 75; and

the person has not taken the action by the end of that period.

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.

the period of 30 days after the day the Treasurer receives a notice from a person stating that a significant action (including a significant action that is a notifiable action) is proposed to be taken; or

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

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

(b) 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 the national interest.

the day that is 10 days after the end of the decision period mentioned in section 77;

if an interim order is made—the end of the period specified in the order;

the day a no objection notification is given to the person.

fails to give a notice under section 81 before taking a notifiable action; or

takes a significant action before the end of the period in section 82; or

contravenes an order under Part 3; or

contravenes a condition in a no objection notification or an exemption certificate.

the person is a foreign person; and

the person takes an action; and

the action is a notifiable action; and

a notice is not given under section 81 in relation to the action before the action is taken.

the person is a foreign person; and

the person gives a notice to the Treasurer stating that a significant action (including a significant action that is a notifiable action) is proposed to be taken; and

the person takes the action; and

the action is taken before the day mentioned in section 82; and

if a change in control is required for the action to be a significant action—there is a change in control as a result of the action.

a person engages in conduct; and

the conduct contravenes an order made under Part 3.

either:

the person is given a no objection notification under section 74 (no objection notification imposing conditions) relating to a significant action; or

the person is specified in an exemption certificate; and

the notification or certificate includes a condition; and

the person engages in conduct; and

the conduct contravenes the condition.

the developer is specified in an exemption certificate given under section 57 in relation to an interest in Australian land on which a new dwelling will be, is being or has been built; and

the developer disposes of an interest in the dwelling to a foreign person; and

the certificate includes a condition requiring the sale of the dwelling to be advertised (however described) in Australia; and

at the time the foreign person acquires the interest, the dwelling has not been advertised in accordance with the condition.

the person gives a notice to the Treasurer stating that the action is proposed to be taken; and

if a change in control is required for the action to be a significant action—the action would result in a change in control.

(a) 10% of the consideration for the residential land acquisition;

10% of the market value of the interest in the relevant residential land.

the person is making a genuine attempt to dispose of one or more of the interests; and

if those interests were disposed of, the person would not contravene subsection (1); and

the person has been holding an interest in more than one established dwelling for less than 6 months.

the dwelling was a new dwelling; or

the person was not prohibited from holding the interest in that dwelling at the same time as holding an interest in another established dwelling.

the amount of the capital gain that was made or would be made on the disposal of the interest mentioned in subsection (8);

(b) 25% of the consideration for the acquisition of that interest;

25% of the market value of that interest.

if at the time of determining the maximum penalty the foreign person still holds an interest in more than one established dwelling—the interest relating to the established dwelling or dwellings that were most recently acquired by the person; and

otherwise—the interest relating to the established dwelling or dwellings that were most recently disposed of by the person.

a condition requiring a temporary resident to sell an established dwelling when the dwelling ceases to be the temporary resident’s principal place of residence; and

a condition prohibiting a temporary resident from leasing an established dwelling; and

a condition requiring a purchaser of vacant land to begin to build a dwelling before a particular time.

the amount of the capital gain that was made or would be made on the disposal of the interest in the relevant residential land;

(b) 25% of the consideration for the acquisition of that interest;

25% of the market value of that interest.

the person to give a notice to the Treasurer when the person acquires or disposes of the interest in the relevant residential land; or

the sale of a dwelling on the relevant residential land to be advertised (however described) in Australia.

the person to give a notice to the Treasurer when the person acquires or disposes of the interest in the residential land; or

the sale of a dwelling on the residential land to be advertised (however described) in Australia.

if an agreement has been entered into in relation to disposing of the interest to the third party—the difference between:

the consideration for the acquisition by the third party; and

the amount for which the offender purchased the interest;

in any case—the difference between:

the market value of the interest; and

the amount for which the offender purchased the interest.

the Federal Court of Australia;

the Federal Circuit Court of Australia;

a Supreme Court of a State or Territory.

section 94 (acquisition of interests in residential land);

section 95 (acquisitions of established dwellings);

section 96 (contravening conditions relating to residential land);

subsection 102(2) (liability of officers of corporations authorising or permitting contraventions);

section 103 (civil penalties for officers of corporations failing to prevent contraventions).

for subparagraphs 104(1)(e)(ii) and (iii) of the Regulatory Powers Act—the following provisions of this Act:

section 94 (acquisition of interests in residential land);

section 95 (acquisitions of interests in established dwellings);

section 96 (contravening conditions in relation to residential land); and

for subsection 104(2) of the Regulatory Powers Act—the following provisions of this Act:

section 94 (acquisition of interests in residential land);

section 95 (acquisitions of interests in established dwellings);

section 96 (contravening conditions in relation to residential land);

section 97 (persons contravening conditions).

for a tier 1 infringement notice (see subsection 101(1)):

given to an individual—12 penalty units; and

given to a corporation—60 penalty units; and

for a tier 2 infringement notice (see subsection 101(2)):

given to an individual—60 penalty units; and

given to a corporation—300 penalty units.

the notice relates to an alleged contravention by a person of a civil penalty provision of this Act; and

the person notified the Commonwealth of conduct that was the same, or substantially the same, as the conduct constituting the alleged contravention; and

(c) the person notified the Commonwealth before an infringement notice was issued in relation to the conduct constituting the alleged contravention.

the notice relates to an alleged contravention by a person of a civil penalty provision of this Act; and

subsection (1) does not apply in relation to the person and the conduct constituting the alleged contravention.

the person is an officer of a corporation; and

the corporation is convicted of an offence against this Act; and

the person authorised or permitted the commission of the offence by the corporation.

a civil penalty order under the Regulatory Powers Act is made against the corporation in relation to a contravention of a civil penalty provision of this Act; and

the officer authorised or permitted the contravention of the civil penalty provision by the corporation.

the corporation contravenes a civil penalty provision of this Act; and

the officer knew that, or was reckless or negligent as to whether, the contravention would occur; and

the officer was in a position to influence the conduct of the corporation in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention.

the officer was aware of a substantial risk that the contravention would occur; and

having regard to the circumstances known to the officer, it was unjustifiable to take the risk.

such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

such a high risk that the contravention would occur;

what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

that the corporation arranges regular professional assessments of the corporation’s compliance with civil penalty provisions;

that the corporation implements any appropriate recommendations arising from such an assessment;

that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions in so far as those requirements affect the employees, agents or contractors concerned; and

what action (if any) the officer took when he or she became aware of the contravention.

a court finds that a person has contravened Division 3 of this Part (civil penalties); and

a pecuniary penalty is imposed on the person in relation to the contravention; and

the person has an interest in Australian land covered by subsection (2) that can be registered on a land register; and

either:

the contravention relates to the acquisition of the interest in the land; or

the Treasurer makes a declaration under section 105 that this section applies in relation to the land.

an interest under a long term lease; or

any other legal or equitable interest (within the ordinary meaning of the term) in Australian land, except:

an interest under a lease (except a long term lease); or

an interest under a licence; or

an interest in a mining or production tenement; or

an interest in an easement; or

an interest 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 held on trust for another person; or

an interest of a kind prescribed by the regulations.

if subparagraph (1)(d)(i) applies—the penalty is imposed; or

if subparagraph (1)(d)(ii) applies—the declaration comes into force.

(a) a restraining order is in force in relation to the land under Proceeds of Crime Act 2002; orPart 2-1 of the

a forfeiture order is in force in relation to the land under Part 2-2 of that Act; or

an order (however described) of a kind prescribed by the regulations is in force in relation to the land under a law of the Commonwealth, a State or a Territory.

paragraphs 104(1)(a) to (c) apply to the person; and

the contravention mentioned in paragraph 104(1)(a) does not relate to the acquisition of the interest in the land; and

the Treasurer is satisfied that the declaration is necessary to secure the payment of the penalty mentioned in paragraph 104(1)(b).

a charge is created under section 104 on other Australian land in which the person has an interest; and

subparagraph 104(1)(d)(i) applies in relation to the charge; and

the Treasurer is satisfied that the declaration in relation to the additional land is necessary to secure the payment of the penalty mentioned in paragraph 104(1)(b).

the period during which the declaration is in force; and

the land to which section 104 applies.

all of the following amounts are paid:

the penalty mentioned in subsection 104(1);

any costs of the Commonwealth that the person mentioned in that subsection is ordered to pay by a court;

any costs incurred by the Commonwealth in relation to recovering the penalty mentioned in that subsection; or

the interest in the land is disposed of under section 109.

executing any instrument required to be executed; or

signing any certificate that:

states that a charge is created on land under section 104; and

specifies the land on which the charge is created.

a charge is created on the land under section 104; and

the following period ends:

3 months since the finding mentioned in subsection 104(1) was made by the court;

any longer period determined in writing by the Treasurer or by the court; and

if subparagraph 104(1)(d)(ii) (charge imposed after Treasurer’s declaration) applies in relation to the charge:

the interest is an estate in fee simple in the land or an interest in a long term lease; and

the person holds the interest alone.

the interest in the Australian land vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with; and

the Treasurer has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the Commonwealth’s equitable interest in the Australian land; and

the Commonwealth is entitled to be registered on a land register as the owner of that property; and

the Treasurer has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as the owner.

executing any instrument required to be executed; or

signing any certificate that:

states that land has vested in the Commonwealth under this section; and

specifies the land that has so vested.

(a) a restraining order is in force in relation to the land under Proceeds of Crime Act 2002; orPart 2-1 of the

a forfeiture order is in force in relation to the land under Part 2-2 of that Act; or

an order (however described) of a kind prescribed by the regulations is in force in relation to the land under a law of the Commonwealth, a State or a Territory.

if the period provided for lodging an appeal against the finding in relation to the person mentioned in subsection 104(1) has ended without such an appeal having been lodged—the end of that period;

if an appeal against the finding in relation to the person has been lodged—the appeal lapses or is finally determined.

the amounts mentioned in paragraph 106(2)(a); and

any other penalty that is due and payable to the Commonwealth under this Act by the owner; and

any costs incurred by the Commonwealth in relation to the disposal.

all of the persons mentioned in paragraph (6)(a); or

after paying all of the persons mentioned in paragraph (6)(a), all of the persons mentioned in paragraph (6)(b);

a person holding a mortgage, charge or other interest over the land if the mortgage, charge or interest:

relates to a debt due by the owner; and

has been registered on a land register;

if subparagraph 104(1)(d)(i) applies—a person together with whom the owner holds the interest;

the Commonwealth in relation to any other penalty or debt that is due and payable to the Commonwealth by the owner;

the owner.

declares that the interest in the land has vested under that section; and

specifies the interest in the land.

applying for an exemption certificate or a variation of an exemption certificate; and

giving a notice of a notifiable action; and

giving a notice relating to an action that is not a notifiable action; and

applying for a variation of a no objection notification.

the period of 6 months beginning immediately after the developer is given the certificate; or

each subsequent 6 month period.

the fee has been paid; or

the fee has been waived or remitted under section 115.

significant actions, notifiable actions and actions specified in exemption certificates; and

compliance with conditions in no objection notifications and exemption certificates; and

certain disposals of interests in residential land.

any action taken by the person that is a significant action or notifiable action to the extent that the records are relevant to an order or decision under Part 3;

an action taken by the person that is specified in an exemption certificate;

whether the person is complying with a condition in a no objection notification or an exemption certificate;

the disposal of an interest in residential land by the person if the acquisition of the interest by the person:

was a significant action or notifiable action; or

would have been a significant action or notifiable action if the action had not been specified in an exemption certificate.

in English, or readily accessible and easily convertible into English; and

such as to enable the acts, transactions, events or circumstances mentioned in subsection (1) to be readily ascertained.

for paragraphs 117(1)(a) and (b)—5 years after the action is taken by the person;

for paragraph 117(1)(c)—2 years after the condition ceases to apply to the person;

for paragraph 117(1)(d)—5 years after the interest is disposed of by the person.

the person is required to make and keep a record under this Division; and

the person does not make or keep the record in accordance with this Division; and

the Treasurer has not notified the person that the person does not need to make or keep the record; and

the person is not a corporation that has been finally dissolved.

information specified in an exemption certificate given under:

section 57 (exemption certificates for new dwellings); or

regulations made for the purposes of section 63; or

subject to subsection (2), information that is:

(i) obtained by a person appointed to a position in the Australian Taxation Office, or a person engaged under the Public Service Act 1999 who is employed in the Australian Taxation Office; and

obtained under, in accordance with or for the purposes of this Act as a result of a delegation or subdelegation under section 137, or a request under subsection 138(4).

information is mentioned in paragraph (1)(b); and

(b) the information is disclosed under Subdivision 355-B in Schedule 1 to the Taxation Administration Act 1953; and

(c) the disclosure is made to the Secretary or a person appointed or engaged under the Public Service Act 1999 who is employed in the Department;

the person makes the record, or discloses or uses the information, in performing the person’s functions or duties, or exercising the person’s powers, under this Act; and

in relation to a disclosure—the information is disclosed to a person who is:

a Minister, an officer or an employee of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or

an officer or employee of a Commonwealth, State or Territory body; or

a person appointed by the Commonwealth for the purposes of this Act.

the person obtains the information under subsection (1) or this subsection; and

the person makes the record of, discloses or otherwise uses the information for the purposes for which the information was disclosed to the person; and

in relation to a disclosure by the person—the information is disclosed to a person who is:

a Minister, an officer or an employee of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or

an officer or employee of a Commonwealth, State or Territory body; or

a person appointed by the Commonwealth for the purposes of this Act.

(a) the Airports Act 1996;

(b) the Australian Crime Commission Act 2002;

(c) the Australian Prudential Regulation Authority Act 1998;

(d) the Australian Securities and Investments Commission Act 2001;

(e) the Australian Security Intelligence Organisation Act 1979;

(f) the Banking Act 1959;

(g) the Corporations Act 2001;

(h) the Financial Sector (Shareholdings) Act 1998;

(i) the Industry Research and Development Act 1986;

(j) the Inspector-General of Intelligence and Security Act 1986;

(k) the Insurance Acquisitions and Takeovers Act 1991;

(l) the Intelligence Services Act 2001;

(m) the Migration Act 1958;

(n) the Proceeds of Crime Act 2002;

(o) the Qantas Sale Act 1992;

(p) a taxation law (Income Tax Assessment Act 1997);within the meaning of section 995-1 of the

(q) the Telstra Corporation Act 1991;

any other law prescribed by the regulations.

agriculture;

industry policy;

investment promotion;

taxation policy;

foreign investment in Australia.

agriculture;

industry policy;

investment promotion;

taxation policy;

foreign investment in Australia.

specifies the matters prescribed by the regulations for the purposes of reporting on the administration of this Act; and

does not identify, and is not reasonably capable of being used to identify, a person.

the person, or an agent of the person, who provided the information under, in accordance with or for the purposes of this Act; or

(b) an entity that is a member of the same wholly-owned group (within the meaning of the Income Tax Assessment Act 1997) as the person mentioned in paragraph (a).

the Commonwealth is a party to the proceedings; and

the Treasurer is satisfied that it is not contrary to the national interest.

the person obtains information; and

the information is protected information; and

the person makes a record of, discloses or otherwise uses the information; and

the record, disclosure or use is not authorised by this Part.

in performing, or purportedly performing, his or her functions or duties under this Act; or

in exercising, or purportedly exercising, his or her powers under this Act.

to produce any document in his or her possession; or

to disclose any matter or thing of which he or she had notice;

the power of certain courts to preserve interests, and enforce orders and conditions;

the power of the Treasurer to require additional information;

the power of the Treasurer and the Secretary to delegate his or her powers under this Act;

a provision clarifying that a failure to comply with this Act does not invalidate an action;

the requirement for applications and notices to be given in a manner approved by the Secretary;

a regulation-making power.

if the contravention was failing to give a notice under section 81, or taking an action before the day mentioned in section 82, in relation to an acquisition of an interest in Australian land—to preserve the interest; or

if the contravention was of an order made under Part 3—to achieve the purpose for which the order was made; or

if the contravention was of a condition of a no objection notification or an exemption certificate—to achieve the purpose for which the condition was imposed by the Treasurer.

whether or not the offender has been convicted of an offence, or a civil penalty order has been made against the offender, in relation to the contravention; and

whether or not the contravention still continues; and

whether or not other proceedings relating to the contravention have been or are to be instituted.

an order directing any person to do or refrain from doing a specified act for the purpose of securing compliance with any other order made under this section;

an order containing such ancillary or consequential provisions as the court thinks just.

notice of the application by the Treasurer to be given to such persons as it thinks fit;

for the application by the Treasurer to be published in such manner as it thinks fit.

rescind, vary or discharge an order made by it under this section; or

suspend the operation of an order made by it under this section.

to give any such information to the Treasurer or any other specified person acting on the Treasurer’s behalf; or

to produce any such documents to the Treasurer or any other specified person acting on the Treasurer’s behalf.

a period (of at least 14 days) within which the information must be given or the documents produced; and

the manner of giving the information or producing documents.

in writing signed by that person; or

for a corporation—by a competent officer of the corporation.

the person is given a notice under this section; and

the person does not comply with the notice.

the answer or information given; or

any document produced; or

giving the information or answer, or producing the document or thing; or

any information, document or thing obtained as a direct or indirect consequence of giving the information or answer, or producing the document or thing;

a notice required by a condition imposed in an exemption certificate or a no objection notification; and

a notice under section 81 (notice of notifiable actions); and

a notice mentioned in item 4 of the table in subsection 113(1) (notice of actions that are not notifiable actions).

the Secretary;

the Commissioner of Taxation;

(c) a person engaged under the Public Service Act 1999 who is employed in the Department or the Australian Taxation Office.

the Secretary;

the Commissioner of Taxation;

an SES employee, or acting SES employee, in the Department or the Australian Taxation Office.

the Commissioner of Taxation;

(b) a person engaged under the Public Service Act 1999 who is employed in the Department or the Australian Taxation Office.

(a) Taxation Administration Act 1953;Part 4-25 (charges and penalties), other than section 288-35 and Division 298 to the extent that it relates to that section, in Schedule 1 to the

paragraph 355-15(c) in that Schedule (application of Division 355);

Division 444 in that Schedule (obligations of entities on behalf of other entities).

required or permitted by this Act to be prescribed by the regulations; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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

(a) the authoritative English version of the Ministerial statement called Australia’s Foreign Investment Policy, first released in June 2010; or

(b) any earlier equivalent Ministerial statement (such as the Summary of Australia’s Foreign Investment Policy).

the person is a foreign person; and

the person acquires an interest in Australian rural land; and

the acquisition occurs during the transitional period; and

the person does not notify the Treasurer of the acquisition during the transitional period; and

the person does not notify the Treasurer of the acquisition in accordance with this item.

an order is published in the Gazette before Schedule 2 commences; and

the period mentioned in section 25 of the old provisions has not ended by that commencement;

any significant action taken before commencement if the Treasurer would have had the power (before commencement) to make an order under subsection 18(4), 19(4), 20(3), 21(3) or 21A(4) of the old provisions in relation to the action; and

any acquisition of an interest in Australian rural land taken during the transitional period; and

any significant action taken after commencement.

(a) the person has made an application for a certificate under paragraph 3(e), (h) or (r) of the Foreign Acquisitions and Takeovers Regulations 1989 before commencement; and

a decision on the application has not been made by commencement.

applications made after commencement under the new provisions; and

orders, notices and notifications given after commencement in relation to action relating to Australian rural land taken during the transitional period; and

orders, notices and notifications given after commencement in relation to action taken after commencement.

actions mentioned in paragraph 117(1)(a) or (b) of the new provisions that are taken after commencement; and

acts, transactions, events or circumstances that:

relate to whether a person is complying with a condition in a no objection notification or an exemption certificate; and

occur after commencement (including in relation to notices or certificates given before commencement); and

disposals of interests in residential land that occur after commencement.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

a taxation law; or

(b) the Foreign Acquisitions and Takeovers Act 1975, if the Commissioner or officer is accessing the information in relation to a matter for which there has been a request under subsection 138(4) of that Act.

both of the following apply:

you have a legal or equitable interest in real or personal property;

the information is about any other *property right or interest in the property; or

both of the following apply:

the Commissioner is satisfied that you may have information about a property right or interest in property;

the information is about the property right or interest.

a legal or equitable interest in the property; or

a right, power or privilege in connection with the property;

the property to which the notice applies;

the information required;

the period within which the information must be given;

the manner of giving the information.

details of your interest in the property;

details (including name and address) of any person who has a *property right or interest in the property;

details of any class of person who has a property right or interest in the property;

details of each property right or interest in the property, including:

the nature and extent of the right or interest; and

the circumstances giving rise to the right or interest.

you are given a notice under paragraph (1)(a); and

you do not have the information required but another person has the information;

at least 14 days after the notice is given (except if paragraph (b) applies); or

if the Commissioner is satisfied that a shorter period is necessary—the shorter period.

a *taxation law; or

(b) the Foreign Acquisitions and Takeovers Act 1975, if the entity acquired the information because of a request under subsection 138(4) of that Act.

a *taxation law; or

(b) if the entity has or had duties, functions or powers under the Foreign Acquisitions and Takeovers Act 1975—that Act.