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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Foreign Acquisitions and Takeovers Fees
Imposition Amendment (Vacancy Fees)
Bill 2017
No. , 2017
(Treasury)
A Bill for an Act to amend the Foreign Acquisitions
and Takeovers Fees Imposition Act 2015, and for
related purposes
No. , 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Foreign Acquisitions and Takeovers Fees Imposition Act 2015
3
No. , 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
1
A Bill for an Act to amend the Foreign Acquisitions
1
and Takeovers Fees Imposition Act 2015, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Foreign Acquisitions and Takeovers Fees
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Imposition Amendment (Vacancy Fees) Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as Schedule 3 to the
Treasury Laws Amendment (Housing Tax
Integrity) Act 2017 commences.
However, the provisions do not commence
at all if that Schedule does not commence.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
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3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
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Amendments Schedule 1
No. , 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
3
Schedule 1--Amendments
1
2
Foreign Acquisitions and Takeovers Fees Imposition Act
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2015
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1 Subsection 4(1)
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Insert:
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Foreign Acquisitions Regulation means the Foreign Acquisitions
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and Takeovers Regulation 2015.
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2 Before section 5
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Insert:
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Division 1--Imposition of fees as taxes
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3 Section 5
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Omit "Part 6", substitute "Part 6 (fees in relation to actions) or Part 6A
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(vacancy fees for foreign acquisitions of residential land)".
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4 Before section 6
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Insert:
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Division 2--Fees under Part 6 of the Foreign Acquisitions
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Act
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5 Subsection 9(1)
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After "a fee" (first occurring), insert "specified in this Division".
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6 Section 11 (heading)
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Repeal the heading, substitute:
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11 Regulations may lower fees specified in this Division
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7 Subsections 11(1) and (2)
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Omit "Part", substitute "Division".
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Schedule 1 Amendments
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Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
No. , 2017
8 Subsection 12(1)
1
Omit "Part" (wherever occurring), substitute "Division".
2
9 Subsection 12(8) (definition of base amount)
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Omit "Part" (wherever occurring), substitute "Division".
4
10 Subsection 12(8) (paragraphs (a), (b) and (d) of the
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definition of base financial year)
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Omit "Part" (wherever occurring), substitute "Division".
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11 At the end of Part 2
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Add:
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Division 3--Fees under Part 6A of the Foreign Acquisitions
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Act
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12A Vacancy fees
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The amount of the vacancy fee a foreign person is liable to pay in
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relation to a dwelling on residential land is worked out in
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accordance with the following table.
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16
Vacancy fees
Item
If the action to acquire the interest
in that land was ...
the amount of the vacancy fee for
each dwelling on that land is ...
1
a notifiable action
(a) the amount of the fee that was
payable by the person for giving
notice of the notifiable action
under section 81 of the Foreign
Acquisitions Act, at the time the
notice was given; or
(b) if the fee mentioned in
paragraph (a) was waived--the
amount of the fee payable under
paragraph (a) of item 3 of the
table in subsection 7(1) of this
Act for giving notice of such an
action, at the time the notice was
given (regardless of any
Amendments Schedule 1
No. , 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
5
Vacancy fees
Item
If the action to acquire the interest
in that land was ...
the amount of the vacancy fee for
each dwelling on that land is ...
regulations made for the
purposes of section 11 of this
Act).
2
either:
(a) an action by a foreign person
covered by an exemption
certificate under section 57 (new
dwellings) of the Foreign
Acquisitions Act; or
(b) an action by a foreign person
covered by a residential land
(near-new dwelling interests)
certificate within the meaning of
the Foreign Acquisitions
Regulation
the amount of the fee that would
have been payable if a notice of a
notifiable action under section 81 of
the Foreign Acquisitions Act had
been given for the action covered by
the certificate, at the time of the
action (regardless of any regulations
made for the purposes of section 11
of this Act).
3
covered by an exemption certificate
under section 59 (established
dwellings) of the Foreign
Acquisitions Act
(a) the amount of the fee that was
payable by the person for
applying for the certificate, at the
time of the application; or
(b) if the fee mentioned in
paragraph (a) was waived--the
amount of the fee payable under
paragraph (a) of item 3 of the
table in subsection 6(1) of this
Act for applying for the
certificate, at the time of the
application (regardless of any
regulations made for the
purposes of section 11 of this
Act).
4
covered by a residential land (other
than established dwellings)
certificate within the meaning of the
Foreign Acquisitions Regulation
(a) the amount of the fee that was
payable by the person for
applying for the certificate, at the
time of the application; or
(b) if the fee mentioned in
paragraph (a) was waived--the
amount of the fee payable as
worked out under
paragraph 6B(1)(a) of the
Schedule 1 Amendments
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Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
No. , 2017
Vacancy fees
Item
If the action to acquire the interest
in that land was ...
the amount of the vacancy fee for
each dwelling on that land is ...
Foreign Acquisitions and
Takeovers Fees Imposition
Regulation 2015 for applying for
the certificate, at the time of the
application (regardless of any
regulations made for the
purposes of section 11 of this
Act).
5
covered by any other exemption
certificate given under regulations
made for the purposes of section 63
of the Foreign Acquisitions Act that
relates to the acquisition of
residential land
the amount, not exceeding the
amount of the fee that would be
payable to apply for the certificate
under this Act or the Foreign
Acquisitions and Takeovers Fees
Imposition Regulation 2015, that is:
(a) prescribed by regulations made
for the purposes of this
paragraph; or
(b) worked out using the method
prescribed by regulations made
for the purposes of this
paragraph.
6
specified in:
(a) an order made under Subdivision
A of Division 2 of Part 3 of the
Foreign Acquisitions Act; or
(b) a no objection notification
(a) the amount of the fee that was
payable by the person under
item 3 of the table in
subsection 8(1) of this Act in
relation to the action specified in
the order or notification, at the
time the order or notification was
given; or
(b) if the fee mentioned in
paragraph (a) was waived--the
amount of the fee that would
have been payable under
paragraph (a) of item 3 of the
table in subsection 7(1) of this
Act if a notice of a notifiable
action under section 81 of the
Foreign Acquisitions Act had
been given for the action
Amendments Schedule 1
No. , 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment
(Vacancy Fees) Bill 2017
7
Vacancy fees
Item
If the action to acquire the interest
in that land was ...
the amount of the vacancy fee for
each dwelling on that land is ...
specified in the order or
notification, at the time the order
or notification was given
(regardless of any regulations
made for the purposes of
section 11 of this Act).
Note 1:
Part 6A of the Foreign Acquisitions Act sets out the liability of a
1
foreign person for a vacancy fee.
2
Note 2:
An order mentioned in item 4 of the table could specify that a foreign
3
person may acquire interests in Australian land only to an extent
4
specified in that order: see item 3 of the table in subsection 67(3) of
5
the Foreign Acquisitions Act.
6
Note 3:
Generally, regulations may lower the amount of a fee specified in
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Division 2 of this Part: see section 11. Fees specified in that Division
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are subject to indexation: see section 12.
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Note 4:
A residential land (near-new dwelling interests) certificate is an
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exemption certificate under section 43A of the Foreign Acquisitions
11
Regulation.
12
Note 5:
A residential land (other than established dwellings) certificate is an
13
exemption certificate under section 43B of the Foreign Acquisitions
14
Regulation.
15