in a business—has the meaning given by section 19A; and

in an entity—has the meaning given by section 20.

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 paragraph (b).

for a corporation—the constitution of the corporation; and

for a unit trust—the trust deed for the trust; and

for an unincorporated limited partnership—the partnership agreement.

a significant action (other than an action mentioned in paragraph (b));

any of the following actions:

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

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

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

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

for a unit trust—a meeting of unit holders of the trust that is held in accordance with a constituent document of the trust; or

for an unincorporated limited partnership—a meeting of partners of the partnership that is held in accordance with a constituent document of the partnership.

in an unincorporated limited partnership—has the meaning given by section 11A; and

in a business—has the meaning given by section 16A; and

was formed solely for the purposes of becoming a partnership where the liability of at least one partner relating to the partnership is limited; and

is recognised under a law of the Commonwealth, a State, a Territory, a foreign country or a part of a foreign country as such a partnership.

a written notification given under subsection 74(2) and includes such a notification as varied under section 74, 76 or 79G; or

a written notification given under subsection 75(2) and includes such a notification as varied under section 76 or 79G.

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

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 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.

(a) is in a position to control all or any of the voting power or potential voting power in the partnership; or

is entitled to any or all of the distributions of capital, assets or profits of the partnership on the dissolution of the partnership; or

is entitled to any or all of the distributions of capital, assets or profits of the partnership otherwise than on the dissolution of the partnership.

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

“20%”; or

“any percentage”; or

a “direct interest”; or

a percentage that a person holds in other assets.

(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.

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).

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);

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.

(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.

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.

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.

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.

to acquire a direct interest in:

an Australian entity that is an agribusiness; or

an Australian business that is an agribusiness;

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;

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.

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.

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 action is taken, or proposed to be taken, by a foreign person and the action is to acquire an interest in Australian land; and

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

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.

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

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 (1) 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.

(a) a significant action (see subsection 45(3)); or

(b) a notifiable action (see subsection 49(2)); or

(c) a notifiable national security action (see subsection 55B(3)); or

(d) a reviewable national security action (see section 55G)).

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);

a reviewable national security action; or

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

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

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

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

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.

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.

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.

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

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

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

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.

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

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 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.

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.

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);

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 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.

(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).

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).

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 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.

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.

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.

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.

the Treasurer must be satisfied that the action has been reviewed under Subdivision A; and

the Treasurer must be reasonably satisfied that:

in a case in which subparagraph 79A(1)(b)(i) applies—the false or misleading statement or the omission directly relates to the national security risk; or

in a case in which subparagraph 79A(1)(b)(ii) applies—the national security risk posed by the material change could not have been reasonably foreseen, or could have been reasonably foreseen but was only a remote possibility, at the time paragraph 79A(1)(a) was satisfied; or

in a case in which subparagraph 79A(1)(b)(iii) applies—the material change alters the nature of the national security risk posed at the time paragraph 79A(1)(a) was satisfied; and

the Treasurer must also be satisfied that:

reasonable steps have been taken to negotiate in good faith with the person to achieve an outcome of eliminating or reducing the national security risk relating to the action that the Treasurer has decided exists so as to avoid an order being given; and

requiring the person to comply with an order is reasonably necessary for purposes relating to eliminating or reducing the national security risk; and

the use of existing regulatory systems of the Commonwealth, a State or a Territory would not adequately eliminate or reduce the national security risk.

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.

the Treasurer must be satisfied that the action has been reviewed under Subdivision A; and

the Treasurer must be reasonably satisfied that:

in a case in which subparagraph 79A(1)(b)(i) applies—the false or misleading statement or the omission directly relates to the national security risk; or

in a case in which subparagraph 79A(1)(b)(ii) applies—the national security risk posed by the material change could not have been reasonably foreseen, or could have been reasonably foreseen but was only a remote possibility, at the time paragraph 79A(1)(a) was satisfied; or

in a case in which subparagraph 79A(1)(b)(iii) applies—the material change alters the nature of the national security risk posed at the time paragraph 79A(1)(a) was satisfied; and

the Treasurer must also be satisfied that:

reasonable steps have been taken to negotiate in good faith with the person to achieve an outcome of eliminating or reducing the national security risk relating to the action that the Treasurer has decided exists so as to avoid an order being given; and

requiring the person to comply with an order is reasonably necessary for purposes relating to eliminating or reducing the national security risk; and

the use of existing regulatory systems of the Commonwealth, a State or a Territory would not adequately eliminate or reduce the national security risk.

revoking a condition; or

imposing a new condition; or

varying an existing condition; or

varying the information specified under section 76;

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.

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.

revoking a condition; or

imposing a new condition; or

varying an existing condition; or

varying the information specified under section 79H;

may have regard to any matter; and

is not required to have regard to a particular matter, unless otherwise required by this Division.

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).

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;

in writing; and

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

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.

(a) the definition of notifiable national security action;

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;

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

revoking a condition; or

imposing a new condition; or

varying an existing condition; or

varying the information specified under section 79H;

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

the time specified in the direction as the time when it takes effect.

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.

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

the time specified in the interim direction as the time when it takes effect.

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.

the foreign person chooses to notify the Treasurer of the action despite not being required to do so; or

the foreign person is given a notice by the Treasurer under subsection 66A(4) (actions that may pose a national security concern).

a foreign person who gives a notice to the Treasurer stating that any of the following actions are proposed to be taken:

a significant action (including a significant action that is a notifiable action);

a notifiable national security action;

a reviewable national security action; or

a foreign person who proposes to take an action in respect of which the Treasurer has given a notice under subsection 66A(4).

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 because of the operation of section 18A (increasing percentage of interests without acquiring additional interests in securities); and

the action is a notifiable action or a notifiable national security action; and

the person does not give a notice as required by subsection 81(1A) before the end of 30 days after the action is taken.

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

the person is a foreign person; and

the Treasurer gives the person a notice under subsection 66A(4) in relation to an action; and

at the time the Treasurer gave the notice to the person, the action had not been taken; and

the person takes the action (other than because of the operation of section 18A (increasing percentage of interests without acquiring additional interests in securities)); 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.

the person takes an action; and

the action is taken when prohibited by paragraph 79A(3)(b) or subsection 79A(4).

any of the following applies:

the person is given a no objection notification under section 74;

the person is given a notice imposing conditions;

the person is specified in an exemption certificate; and

the person has been directed by the Treasurer under subsection 79R(3) or 79V(3); and

the person engages in conduct; and

the person does so in contravention of the direction.

a significant action relating to an interest in residential land; or

a notifiable action or a notifiable national security action relating to an interest in residential land; or

a reviewable national security action relating to an interest in residential land.

2,500,000 penalty units;

the greater of the following:

5,000 penalty units (or 50,000 penalty units if the person is a corporation);

the amount worked out under section 98F for the action.

either:

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

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

2,500,000 penalty units;

the greater of the following:

5,000 penalty units (or 50,000 penalty units if the person is a corporation);

the amount worked out under section 98F for the action.

a foreign person gives a notice to the Treasurer stating that any of the following actions are proposed to be taken:

a significant action (including a significant action that is a notifiable action) that is a residential land acquisition;

a notifiable national security action that is a residential land acquisition;

a reviewable national security action that is a residential land acquisition; or

both:

a foreign person proposes to take an action that is a residential land acquisition; and

the Treasurer has given a notice under subsection 66A(4) in relation to the action;

an exemption certificate; or

a no objection notification; or

a notice imposing conditions.

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

25% of the consideration for the residential land acquisition;

25% of the market value of the interest in the relevant residential land.

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.

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.

giving a notice of a notifiable action or notifiable national security action; and

giving a notice relating to a significant action that is not a notifiable action or notifiable national security action; and

giving a notice relating to a reviewable national security action; and

being given a notice under subsection 66A(4); and

applying for a variation of a no objection notification or notice imposing conditions.

the person holds the interest in land jointly with one or more other foreign persons (whether or not the first-mentioned person also holds the interest jointly with one or more other persons who are not foreign persons); and

this Division also applies in relation to that other foreign person, or those other foreign persons, for the dwelling on the land; and

that other foreign person, or at least one of those other foreign persons, both:

has a vacancy year for the dwelling that is the same as the first-mentioned person’s vacancy year; and

complies with subsection (1) for that vacancy year and the dwelling.

any action taken by the person that is a reviewable national security action notified to the Treasurer to the extent that the records are relevant to an order or decision under Part 3;

whether the person is complying with a condition in a notice imposing conditions;

was an action in respect of which the Treasurer gave a notice under subsection 66A(4).

the disclosure is made to:

the Secretary; or

(ii) a person appointed or engaged under the Public Service Act 1999 who is employed in the Department; or

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

administering a law covered by subsection (3); or

a Minister discharging that Minister’s responsibility for a matter covered by subsection (5).

a Minister who has responsibility for:

administering a law covered by subsection (3); or

a matter covered by subsection (5);

an individual who is:

(i) employed by such a Minister under Members of Parliament (Staff) Act 1984; orPart III or IV of the

engaged by such a Minister as a consultant under Part II of that Act;

an officer or employee of a Department of State, or of an authority or agency of the Commonwealth, administered by such a Minister.

(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 Australia’s Foreign Relations (State and Territory Arrangements) Act 2020;

(g) the Banking Act 1959;

(h) the Competition and Consumer Act 2010;

(i) the Corporations Act 2001;

(j) the Defence Act 1903;

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

(l) the Industry Research and Development Act 1986;

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

(n) the Insurance Acquisitions and Takeovers Act 1991;

(o) the Intelligence Services Act 2001;

(p) the Migration Act 1958;

(q) the Northern Australia Infrastructure Facility Act 2016;

(r) the Proceeds of Crime Act 2002;

(s) the Qantas Sale Act 1992;

(t) the Security of Critical Infrastructure Act 2018;

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

(v) the Telstra Corporation Act 1991;

any law determined by the Treasurer under subsection (4).

agriculture;

water;

infrastructure;

telecommunications;

industry policy;

investment promotion;

taxation policy;

foreign investment in Australia;

defence;

national security.

the recipient 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; and

(b) the information relates to a decision (the relevant decision) to make, or not to make, an order or decision under Part 3; and

either:

the recipient; or

if subparagraph (a)(ii) applies—another officer or employee of the Commonwealth, State or Territory body mentioned in that subparagraph;

the discloser reasonably believes the disclosure of the information may assist the recipient in the performance of the recipient’s functions or duties, or the exercise of the recipient’s powers, as a person mentioned in subparagraph (a)(i) or (ii).

either:

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

(ii) the person is satisfied the disclosure of the information will assist or enable the foreign government or separate government entity to perform a function or duty, or exercise a power, of the government or entity; and

the Treasurer is satisfied that the information relates to a matter in relation to which a national security risk may exist for Australia or the foreign country; and

the Treasurer is satisfied that the disclosure is not contrary to the national interest; and

the person is satisfied that the information will be used in accordance with an agreement to which subsection (2) applies; and

the foreign government or separate government entity has undertaken not to use or further disclose the information except in accordance with the agreement or otherwise as required or authorised by law.

the Commonwealth or a Department of State, authority or agency of the Commonwealth; and

one or more of the following:

a foreign government;

a separate government entity.

this Act; and

the AAT Act;

in respect of an application referred to in subsection 130A(1)—must be accompanied by:

a copy of the written notice mentioned in subsection 79B(1) that was given to the applicant; and

a statement indicating any part of the notice with which the applicant does not agree; and

a statement setting out the grounds on which the application is made; and

in respect of an application referred to in subsection 130A(3)—must set out the grounds on which the application is made.

a copy of the notice given to the person under subsection 79B(1); and

a copy of the whole of the notice (without redaction).

the Treasurer; or

the agency in the national intelligence community that provided advice to the Treasurer.

the applicant must not be present when the evidence is adduced or the submissions are made; and

a person representing the applicant must not be present when the evidence is adduced or the submissions are made unless the Treasurer consents.

a party presents the party’s case to the Tribunal; and

after that case has been presented, the other party adduces evidence; and

the Tribunal thinks that, because of evidence adduced by the other party, the first-mentioned party should be further heard;

to proceed with the application; or

to comply with a direction by the Tribunal in relation to the application;

because it would prejudice Australia’s national security; or

because it would involve the disclosure of deliberations or decisions of the Cabinet or a Committee of the Cabinet or of the Executive Council; or

for any other reason stated in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information or the contents of the document should not be disclosed;

that the information or the contents of the document are not disclosed to anyone other than a member of the Tribunal as constituted for the purposes of the proceeding; and

in respect of a document produced to the Tribunal—that the document is returned to the person by whom it was produced.

the Treasurer has certified in accordance with subsection (2) that the disclosure of information or of the contents of a document would be contrary to the public interest but the certificate does not state a reason referred to in paragraph (2)(a) or (b); and

the presiding member presiding is satisfied that the interests of justice outweigh the reason stated by the Treasurer;

the presiding member must take as the basis of the presiding member’s consideration the principle that it is desirable, in the interest of ensuring that the Tribunal performs its functions effectively, that the parties should be made aware of all relevant matters; but

the presiding member must pay due regard to any reason stated by the Treasurer in the certificate as a reason why the disclosure of the information or of the contents of the document, as the case may be, would be contrary to the public interest.

of matters or material changes occurring after the review; or

of which evidence was not available at the time of the review.

a person makes an application to the Tribunal under section 130A for a review of a reviewable decision; and

the applicant was, in the opinion of the Tribunal, successful, or substantially successful, in the application for review; and

the Tribunal is satisfied that it is appropriate to do so in all the circumstances of the case;

Division 2 of Part IV of the AAT Act (other than sections 32 and 33 of the AAT Act);

Division 3 of Part IV of the AAT Act;

sections 35, 36, 36A, 36B, 36C, 36D, 37, 38, 39 and 43AAA of the AAT Act.

if the contravention was taking an action before a review provided for by section 79A has been completed and an event mentioned in subparagraph 79A(3)(b)(i), (ii), (iii) or (iv) occurs, in relation to an acquisition of an interest in Australian land—to preserve the interest; or

if the contravention was holding an interest in more than one established dwelling at the same time, or acquiring an interest in an established dwelling (see section 95)—to preserve the interest; or

in the case of an action in respect of which the Treasurer has given a notice under subsection 66A(4) or a notifiable national security action—a period (which may be less than 14 days) within which the information must be given or the documents produced; and

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

a notice required by a condition imposed in a notice imposing conditions; and

that Act may also include provisions adding to, excluding or modifying the operation of any of the provisions of this Act in relation to such applications; and

those provisions have effect subject to any provisions so included.

that enactment may also include provisions adding to, excluding or modifying the operation of any of the provisions of sections 27, 29, 29AB, 29AC, 32, 33 and 35 or of subsection 41(1) or 43(1) or (2) in relation to such applications; and

those sections and subsections have effect subject to any provisions so included.

between the period beginning on 1 July 2020 and ending on 31 December 2020, a person gives a notice to the Treasurer of a proposal to take an action; and

the action is to acquire an interest in a security, asset, trust or Australian land; and

before 1 January 2021, the person has not entered into an agreement to acquire the interest; and

on 1 January 2021, the action is a notifiable national security action and not a significant action or a notifiable action;

between the period beginning on 1 July 2020 and ending on 31 December 2020, a person gives a notice to the Treasurer of a proposal to take an action; and

the action is to acquire an interest in a security, asset, trust or Australian land; and

before 1 January 2021, the person has not entered into an agreement to acquire the interest; and

on 1 January 2021, the action is a reviewable national security action;

notices given to the Treasurer on or after 1 January 2021 (other than notices given in respect of notifiable actions that are not significant actions); or

notices given by the Treasurer under subsection 66A(4) of that Act on or after 1 January 2021.

a no objection notification given on or after 1 January 2021, unless it is given in respect of a significant action that is notified to the Treasurer before, or taken before, 1 January 2021; or

an action taken on or after 1 January 2021 if, 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 (even if the certificate was given, or taken to have been given, before 1 January 2021); or

an action taken on or after 1 January 2021 if, 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 (even if the certificate was given, or taken to have been given, before 1 January 2021); or

an action in respect of which an order under 1 January 2021; orsection 67 was not made by the Treasurer before the end of the period specified in an interim order, unless the action is a significant action that is notified to the Treasurer before

an action in respect of which an order or decision under 1 January 2021.Division 2 was not made by the Treasurer before the end of the decision period referred to in section 77, unless the action is a significant action that is notified to the Treasurer before

the Treasurer is satisfied that during the period:

beginning on 1 December 2015; and

ending immediately before 1 January 2021;

(b) the person did not give notice under Foreign Acquisitions and Takeovers Act 1975 of the action before the action was taken.section 81 of the

(a) Foreign Acquisitions and Takeovers Act 1975;Division 3 of Part 7 of the

(b) subsection 355-65(4) in Schedule 1 to the Taxation Administration Act 1953.

2,500,000 penalty units;

the greater of the following:

5,000 penalty units (or 50,000 penalty units if the person is a corporation);

the amount worked out under section 98F for the action in relation to which the order was made.

2,500,000 penalty units;

the greater of the following:

5,000 penalty units (or 50,000 penalty units if the person is a corporation);

the amount worked out under section 98F for the action.

2,500,000 penalty units;

the greater of the following:

5,000 penalty units (or 50,000 penalty units if the person is a corporation);

the amount worked out under section 98F for the core Part 3 action.

2,500,000 penalty units;

the greater of the following:

5,000 penalty units (or 50,000 penalty units if the person is a corporation);

the amount worked out under section 98F for the action.

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

25% of the consideration for the residential land acquisition;

25% of the market value of the interest in the relevant residential land.

the person:

has been directed by the Treasurer under subsection 79R(3) in relation to a relevant contravention as mentioned in subsection 79R(1); or

has been directed by the Treasurer under subsection 79V(3) in relation to a relevant contravention as mentioned in subsection 79V(1); and

the provision to which the relevant contravention relates is a civil penalty provision; and

the person engages in conduct; and

the person does so in contravention of the direction.

unless paragraph (b) applies—5,000 penalty units; or

if the person is a corporation—50,000 penalty units.

the person is given a no objection notification, or is specified in a no objection notification; and

before the no objection notification was given, the person gave the Treasurer information that was or documents that were:

relevant to the no objection notification; and

relevant to one or more core Part 3 actions to which the no objection notification relates; and

the information was or the documents were false or misleading in a material particular.

2,500,000 penalty units;

the greater of the following:

5,000 penalty units (or 50,000 penalty units if the person is a corporation);

the sum of the amounts worked out under section 98F for each of the core Part 3 actions mentioned in subparagraph (1)(b)(ii).

an exemption certificate relates to a person; and

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

relevant to the exemption certificate; and

relevant to one or more core Part 3 actions to which the exemption certificate relates; and

the information was or the documents were false or misleading in a material particular.

unless paragraph (b) applies—5,000 penalty units; or

if the person is a corporation—50,000 penalty units.

a person:

is given a no objection notification specifying one or more core Part 3 actions; or

is specified in a no objection notification specifying one or more core Part 3 actions; and

the person takes one of those core Part 3 actions; and

if regulations made for the purposes of this paragraph specify requirements—those requirements are met.

the day on which the person took the core Part 3 action;

the day on which the no objection notice was given;

if the core Part 3 action is the acquisition of an interest in a security, asset, trust or Australian land, and section 15 applies in relation to the acquisition—the day on which the person acquired the interest in a security, asset, trust or Australian land (disregarding section 15).

describe the core Part 3 action; and

state the day on which it was taken; and

meet any other requirements specified in regulations made for the purposes of this paragraph.

an exemption certificate relates to one or more core Part 3 actions; and

the person to whom the exemption certificate relates takes one of those core Part 3 actions; and

if regulations made for the purposes of this paragraph specified requirements—those requirements are met.

the day on which the person took the core Part 3 action;

if the core Part 3 action is the acquisition of an interest in a security, asset, trust or Australian land, and section 15 applies in relation to the acquisition—the day on which the person acquired the interest in a security, asset, trust or Australian land (disregarding section 15).

describe the core Part 3 action; and

state the day on which it was taken; and

meet any other requirements specified in regulations made for the purposes of this paragraph.

any of the following conditions are satisfied:

a person is given a no objection notification specifying one or more core Part 3 actions;

a person is specified in a no objection notification specifying one or more core Part 3 actions;

an exemption certificate relating to a person relates to one or more core Part 3 actions; and

the person takes one of those core Part 3 actions; and

a situation mentioned in subsection (2) arises after the person takes that core Part 3 action; and

if that situation is the situation mentioned in paragraph (2)(a)—the person becomes aware, or ought reasonably to have become aware, of the situation; and

if regulations made for the purposes of this paragraph specify requirements—those requirements are met.

if none of the following paragraphs apply—there is a change in control of the entity or business to which the core Part 3 action relates;

if the core Part 3 action is an acquisition of a direct interest in an Australian entity—the person ceases to have a direct interest in the Australian entity;

if the core Part 3 action is an acquisition of an interest of any percentage in an entity or a business—the person starts to hold an interest of a percentage in the entity or business that is equal to or less than the interest of the percentage that the person held in the entity or business immediately before the acquisition;

if the core Part 3 action is an acquisition of an interest in Australian land—the person ceases to hold all or part of that interest;

if the core Part 3 action is an action specified in regulations made for the purposes of section 44 and the regulations specify one or more situations for the significant action for the purposes of this paragraph—any of those situations cease to exist;

if the core Part 3 action is an action specified in regulations made for the purposes of section 44 and paragraph (e) of this subsection does not apply:

if the core Part 3 action relates to acquiring an interest of at least a certain percentage in an entity or business—the person ceases to have an interest of at least that percentage in the entity or business; or

if the core Part 3 action relates to acquiring a direct interest in an entity or business—the person ceases to have a direct interest in the entity or business; or

if the core Part 3 action relates to starting a business—the person ceases to carry on the business; or

if the core Part 3 action relates to acquiring an interest in a tenement—the person ceases to hold all or part of that interest; or

if the core Part 3 action relates to acquiring an interest of at least a certain percentage of the securities of an entity—the person ceases to have an interest of at least that percentage of the securities of the entity.

the day on which the situation mentioned in subsection (2) arose;

the day on which the no objection notice or exemption certificate was given.

describe the core Part 3 action; and

state the day on which it was taken; and

describe the situation mentioned in subsection (2) that arose; and

state the day on which it arose; and

meet any other requirements specified in regulations made for the purposes of this paragraph.

the value for the action worked out under the following table; or

if no item of the table applies to the action:

where the action is an acquisition—the value of the consideration for the acquisition; or

otherwise—the market value of the benefit obtained by the action.

if there is no consideration for a thing—treat the value of the consideration for the thing as nil; and

if the market value of a thing cannot be ascertained—treat the market value of the thing as nil.

each of the Treasurer and the Commissioner of Taxation is an authorised applicant in relation to the civil penalty provisions of this Act (other than section 130ZV); and

each of the Treasurer, the Commissioner of Taxation and the Registrar is an authorised applicant in relation to section 130ZV.

(a) any person to whom the Registrar may delegate any of the Registrar’s other functions, as a kind of body or person mentioned in the definition of eligible Registrar appointee in section 4, under a law of the Commonwealth; or

any person of a kind prescribed by the regulations;

section 89 (contravening orders under Part 3);

section 91 (failing to give notice);

section 92 (taking action before end of period);

section 92A (taking action while prohibited by this Act);

section 93 (contravening conditions);

section 94 (acquisition of interests in residential land);

section 95 (acquisition of interests in established dwellings);

section 95A (taking action while prohibited by this Act);

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

section 98A (contravening directions and interim directions);

section 98B (false or misleading information and documents);

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

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

the provisions of Division 3 (civil penalties);

subsection 115DA(1) (vacancy fee liability—false or misleading vacancy fee return);

a person appointed under subsection (3) is an infringement officer in relation to the provisions mentioned in subsection (1) (including section 130ZV); and

a person appointed under subsection (3A) is an infringement officer in relation to section 130ZV.

each of the Secretary and the Commissioner of Taxation is the relevant chief executive in relation to the provisions mentioned in subsection (1) (other than section 130ZV); and

each of the Secretary, the Commissioner of Taxation and the Registrar is the relevant chief executive in relation to section 130ZV.

(a) any person to whom the Registrar may delegate any of the Registrar’s other functions, as a kind of body or person mentioned in the definition of eligible Registrar appointee in section 4, under a law of the Commonwealth; or

any person of a kind prescribed by the regulations;

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

subsection 89(1) (contravening orders under Part 3);

subsections 91(1) and (2) (failing to give notice);

subsection 92(1) (taking action before end of period);

section 92A (taking action while prohibited by this Act);

subsections 93(1), (4) and (7) (contravening conditions);

section 94 (acquisition of interests in residential land);

section 95 (acquisition of interests in established dwellings);

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

section 98A (contravening directions and interim directions);

section 98B (false or misleading information and documents);

sections 98C, 98D and 98E (failure to notify);

subsection 115DA(1) (vacancy fee liability—false or misleading vacancy fee return); and

for subsection 104(2) or (3) of the Regulatory Powers Act—the provisions mentioned in paragraphs (1)(a), (b), (ba), (c) and (d) of this section.

given to an individual—300 penalty units; and

given to a corporation—1,500 penalty units.

the person:

unless subparagraph (ii) applies—notified (for the purposes of this Act) the Treasurer (or the Commissioner of Taxation on behalf of the Treasurer) of conduct that was the same, or substantially the same, as the conduct constituting the alleged contravention; or

if the civil penalty provision is the Commissioner of Taxation on behalf of the Treasurer or the Registrar of conduct that was the same, or substantially the same, as the conduct constituting the alleged contravention; andsection 130ZV—notified (for the purposes of this Act) the Treasurer,

at the time when the person made that notification, the Commonwealth had not yet indicated to the person, in writing, that the Commonwealth was considering investigating the conduct constituting the alleged contravention.

a notice in writing requiring or inviting the person to show cause why the Commonwealth should not investigate that conduct;

a notice in writing indicating that the Commonwealth might issue an infringement notice in relation to that conduct;

any other similar notice in writing.

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; and

any of the following apply:

the civil penalty provision is a provision covered by subsection (3);

if the civil penalty provision is not subsection 95(1) or (4)—the requirement in subsection 101AA(1) is met in relation to the alleged contravention;

if the civil penalty provision is subsection 95(1) or (4)—the requirement in subsection 101AA(6) is met in relation to the alleged contravention.

(a) subsections 97(1), (1A) and (2);

sections 98A, 98C, 98D and 98E;

subsections 115D(1), 115DA(1) and 115G(1);

section 130ZV.

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

subsections (1) and (2) do not apply in relation to the person and the conduct constituting the alleged contravention.

apart from this subsection, the infringement notice would be a tier 3 infringement notice; and

the Treasurer has decided that the infringement notice is covered by subsection (6).

the infringement notice has not yet been given to the person; and

the Treasurer considers that it is appropriate for the infringement notice to be covered by this subsection, having regard to the matters set out in subsection (7).

the conduct of the person after the alleged contravention, including:

the nature of the steps (if any) that the person has taken to address the alleged contravention; and

the extent (if any) to which the person has cooperated with the Treasurer and the Commissioner of Taxation to address the alleged contravention;

whether the infringement notice being covered by subsection (6) would not be contrary to the national interest.

if the civil penalty provision is subsection 89(1):

if that action is an acquisition of an interest in Australian land, and the Australian land is residential land—$5,000,000; or

otherwise—$275,000,000; or

if the civil penalty provision is subsection 98B(1) or (4):

if any of the core Part 3 actions mentioned in subparagraph 98B(1)(b)(ii) or 98B(4)(b)(ii) is an acquisition of an interest in Australian land, and the Australian land is residential land—$5,000,000; or

otherwise—$275,000,000; or

if the civil penalty provision is subsection 91(1) or (2), section 92 or 92A or subsection 93(1), (4) or (7)—$275,000,000; or

otherwise—$5,000,000.

the value for the action worked out under the following table; or

if no item of the table applies to the action:

where the action is an acquisition—the value of the consideration for the acquisition; or

otherwise—the market value of the benefit obtained by the action.

where the civil penalty provision is subsection 95(1)—the total of the market values of the interests referred to in that subsection falls short of $5,000,000; or

where the civil penalty provision is subsection 95(4)—the greater of:

the value of the consideration for the acquisition referred to in that subsection; and

the market value of the interest referred to in that subsection;

if there is no consideration for a thing—treat the value of the consideration for the thing as nil; and

if the market value of a thing cannot be ascertained—treat the market value of the thing as nil.

a provision of this Act; or

(b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act.

(a) an offence provision, or a civil penalty provision, of the Taxation Administration Act 1953;

(b) an offence provision, or a civil penalty provision, of the Corporations Act 2001;

(c) a provision in Register of Foreign Ownership of Water or Agricultural Land Act 2015.Part 3 or 3B of the

the Secretary;

an authorised officer.

the person is:

a magistrate; or

a Judge of a court of a State or Territory; or

a Judge of the Federal Circuit Court of Australia or of the Federal Court of Australia; and

if subparagraph (a)(iii) applies:

the Minister has, in writing, nominated the person to be such an issuing officer; and

the person has consented to be such an issuing officer and the consent is in force.

(a) the Federal Court of Australia;

the Federal Circuit Court of Australia;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

an offence provision of this Act; or

a civil penalty provision of this Act; or

(c) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act.

(a) an offence provision, or a civil penalty provision, of the Taxation Administration Act 1953;

(b) an offence provision, or a civil penalty provision, of the Corporations Act 2001;

(c) a provision in Register of Foreign Ownership of Water or Agricultural Land Act 2015.Part 3 or 3B of the

the Secretary;

an authorised officer.

the person is:

a magistrate; or

a Judge of a court of a State or Territory; or

a Judge of the Federal Circuit Court of Australia or of the Federal Court of Australia; and

if subparagraph (a)(iii) applies:

the Minister has, in writing, nominated the person to be such an issuing officer; and

the person has consented to be such an issuing officer and the consent is in force.

(a) the Federal Court of Australia;

the Federal Circuit Court of Australia;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

(a) the Federal Court of Australia;

the Federal Circuit Court of Australia;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Part 2 (monitoring powers);

Part 3 (investigation powers);

Part 6 (enforceable undertakings).

the Secretary;

an SES employee, or acting SES employee, in the Department;

the Commissioner of Taxation.

an SES employee, or acting SES employee, in the Department;

the Commissioner of Taxation.

subsection 115DA(1) (vacancy fee liability—false or misleading vacancy fee return);

a notification for the purposes of paragraph 101(1)(b); and

a notification for the purposes of subsection 98C(2), 98D(2) or 98E(3) (notices after no objection notification or exemption certificate); and

sections 353-10 and 353-15 (powers to obtain information and evidence and access premises);

(a) the amendments made by this Schedule to sections 84, 85, 86, 87, 88, 89, 92, 93, 94, 119 and 133 of the Foreign Acquisitions and Takeovers Act 1975;

section 98F of that Act, as inserted by this Schedule.

(a) the amendments made by this Schedule to sections 100 and 101 of the Foreign Acquisitions and Takeovers Act 1975;

section 101AA of that Act, as inserted by this Schedule.