Commonwealth Numbered Regulations

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FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION REGULATION 2015 (SLI NO 215 OF 2015) - REG 6

Fees for exemption certificates prescribed by the Foreign Acquisitions Regulation

             (1)  For item 4 of the table in subsection 6(1) of the Act, a fee of $25 000 is payable for an application for an exemption certificate under section 42 or 43 of the Foreign Acquisitions Regulation.

Note 1:       See also section 12 of the Act (indexation of fees).

Note 2:       Section 42 of the Foreign Acquisitions Regulation deals with exemption certificates for underwriters. Section 43 of the Foreign Acquisitions Regulation deals with exemption certificates for certain interests in tenements and mining, production or exploration entities.

             (2)  However, a fee for an application (the section   43 application ) for an exemption certificate under section 43 of the Foreign Acquisitions Regulation payable by a person is nil if:

                     (a)  another fee is payable, in relation to an application for an exemption certificate under section 58 of the Foreign Acquisitions Act, by:

                              (i)  the person; or

                             (ii)  an entity that is a member of the same wholly-owned group as the person; and

                     (b)  that application and the section 43 application were made within 7 days of each other.



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