Commonwealth Consolidated Regulations

FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION REGULATIONS 2020

- made under the Foreign Acquisitions and Takeovers Fees Imposition Act 2015

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   3.      Authority  
   5.      Definitions  

   PART 2--FEES--RELATING TO ACTIONS

           Division 1--Fees covered by this Part

   6.      Fees covered by this Part  

           Division 2--Fees for giving notice of a notifiable action or notifiable national security action

              Subdivision A--Fees covered by this Division

   7.      Fees covered by this Division  

              Subdivision B--Fees for giving notice of notifiable actions

   8.      Fee for giving notice of a notifiable action--general rule  
   9.       Finding the fee constant  
   10.     Applying the fee constant to work out the amount of the fee  
   11.     Components for working out the fee if the value of the consideration is more than the fee constant  
   12.     Exception--fee for giving notice of a foreign government investor starting an Australian business  

              Subdivision C--Fees for giving notice of notifiable national security actions

   13.     Notifiable national security actions  

           Division 3--Fees for giving notice of a proposal to take an action that is neither a notifiable action nor a notifiable national security action

   14.     Fees covered by this Division  
   15.     Proposal to acquire certain interests in entities or businesses, or issuing securities in entities etc.  
   16.     Proposal to enter or terminate certain agreements, or to alter constituent documents  
   17.     Proposal to take a reviewable national security action  

           Division 4--Fees for notices of national security reviews

   18.     Fees covered by this Division  
   19.     Notices of national security reviews  

           Division 5--Fees for certain actions for which notice is not given

   20.     Simplified outline of this Division  
   21.     Significant actions--acquiring certain interests in entities or businesses, or issuing securities in entities etc.  
   22.     Significant actions--entering or terminating certain agreements, or altering constituent documents  
   23.     Significant actions--acquisitions of interests in Australian land  
   24.     Notifiable national security actions  
   25.     Reviewable national security actions  

           Division 6--Fees for applying for certain variations

   26.     Fees covered by this Division  
   27.     Applying to vary a no objection notification  
   28.     Applying to vary a notice imposing conditions  

           Division 7--Exemption certificates

              Subdivision A--Applications for exemption certificates

   29.     Fees covered by this Subdivision and Subdivision B  
   30.     Certificates under section 57 of the Foreign Acquisitions Act (about new dwellings)  
   31.     Residential land (near - new dwelling interests) certificates  
   32.     Certificates under section 59 of the Foreign Acquisitions Act (about established dwellings) or residential land (other than established dwellings) certificates  
   33.     Other kinds of exemption certificates  

              Subdivision B--Applications for multiple exemption certificates

   34.     Applications for residential land certificates covering a single proposed acquisition  
   35.     Multiple applications for land, entities, tenements and national security exemption certificates  

              Subdivision C--Ongoing 6 monthly fees for exemption certificates

   36.     Simplified outline of this Subdivision  
   37.     Ongoing 6 - monthly fees for developers given exemption certificates under section 57 (new dwellings) of the Foreign Acquisitions Act  
   38.     Ongoing 6 - monthly fees for developers given residential land (near - new dwelling interests) certificates  

              Subdivision D--Applications to vary exemption certificates

   39.     Fees covered by this Subdivision  
   40.     Variations of exemption certificates  

           Division 8--Fees for internal reorganisations

   41.     Fees for internal reorganisations  

   PART 3--VACANCY--FEES

   42.     Fees covered by this Part  
   43.     Acquisition was a notifiable action notified under section 81 of the Foreign Acquisitions Act  
   44.     Acquisition was covered by a new dwellings exemption certificate or a residential land (near - new dwelling interests) certificate  
   45.     Acquisition was covered by another kind of exemption certificate  
   46.     Acquisition for which an order is made under Division 2 of Part 3 of the Foreign Acquisitions Act or a no objection notification is given  

   PART 4--ADJUSTING--FEES

           Division 1--Simplified outline of this Part

   47.     Simplified outline of this Part  

           Division 2--Fees where more than one action taken

              Subdivision A--Single action of more than one kind that could result in more than one fee

   48.     Single action of more than one kind that could result in more than one fee  

              Subdivision B--Single agreement covers more than one action

   49.     Adjustment to the fees payable for the actions to which this Subdivision applies  
   50.     Amount of the adjusted fees for the applicable actions  
   51.     If actions in an action group involve acquiring an interest in Australian land or in a tenement  
   52.     If actions in an action group involve certain business transactions  

           Division 3--Other grounds for adjusting fees

   53.     Fee payable if the value of the consideration is less than $75,000  
   54.     Majority owners  
   55.     Acquisition of leasehold interest after sale of freehold interest  
   56.     Acquisition of securities in a land entity  
   57.     Jointly acquiring or holding interests in a security, asset, tenement, trust or Australian land  
   58.     Actions taken by wholly - owned groups  

   PART 5--INDEXATION

   59.     Specified fees and fee components are subject to indexation  
   60.     Indexation factor  
   61.     Index number  

   PART 5A--FEE--CAP

   61A.    Fee cap  

   PART 6--APPLICATION--AND TRANSITIONAL PROVISIONS

           Division 1--Transitional matters relating to the repeal of the Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015

   62.     Application of this instrument  
   63.     Transitional--applying to vary a no objection notification  
   64.     Transitional--applying to vary an exemption certificate  

           Division 2--Transitional matters relating to the Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Indexation) Regulations 2021

   65.     Application of amendments  

           Division 3--Transitional matters relating to the Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Doubling) Regulations 2022

   66.     Application of amendments  

           Division 4--Transitional matters relating to the Foreign Acquisitions and Takeovers Fees Imposition Amendment Act 2024

   67.     Application of amendments