Commonwealth Numbered Regulations

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FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION REGULATIONS 2020 (F2020L01648) - REG 17

Proposal to take a reviewable national security action

Reviewable national security actions--interests in entities, businesses or land, issuing securities, or starting an Australian business

             (1)  The amount of the fee for giving notice to the Treasurer of a proposal to take a reviewable national security action covered by an item of the following table is equal to 25% of the fee that would be worked out under Division 2 if the action were an action:

                     (a)  covered by that Division; and

                     (b)  of the kind set out in column 2 of that table item.

 

Fees for giving notice of a proposal to take a reviewable national security action

Item

Column 1

If the reviewable national security action is:

Column 2

for the purposes of Division 2, treat the action as being:

1

(a) to acquire an interest of any percentage in an entity or an Australian business; or

(b) to issue securities in an entity; or

(c) to acquire an interest in the assets of an Australian business

an action covered by paragraph 47(2)(a) or (b) of the Foreign Acquisitions Act (about acquisitions of interests in certain entities)

2

to start an Australian business

an action to which section 12 of this instrument applies

3

to acquire an interest in Australian land that is residential land

an action to acquire an interest in residential land

4

to acquire an interest in Australian land that is agricultural land

an action to acquire an interest in agricultural land

5

to acquire an interest in Australian land that is commercial land (whether the land is vacant or not)

an action to acquire an interest in commercial land (whether the land is vacant or not)

6

to acquire an interest in Australian land that is a mining or production tenement

an action to acquire an interest in a mining or production tenement

Reviewable national security actions--to enter or terminate certain agreements, or to alter constituent documents

             (2)  If the reviewable national security action is any of the following:

                     (a)  to enter an agreement as mentioned in subparagraph 55D(2)(a)(ii) of the Foreign Acquisitions Act;

                     (b)  to alter a constituent document of an entity as mentioned in subparagraph 55D(2)(a)(iii) of that Act;

                     (c)  to enter or terminate a significant agreement with an Australian business as mentioned in subparagraph 55E(1)(a)(iii) of that Act;

the amount of the fee is equal to 25% of the fee that would be worked out under section 16 of this instrument if the action were an action covered by that section.



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