Commonwealth Numbered Regulations

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FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION REGULATIONS 2020 (F2020L01648) - REG 33

Other kinds of exemption certificates

The fee for most other certificates is 75% of the full fee

             (1)  For an application for any of the following kinds of certificate:

                     (a)  an exemption certificate under section 58 of the Foreign Acquisitions Act (about acquisitions of interests in Australian land);

                     (b)  a businesses or entities certificate;

                     (c)  a tenements and mining, production or exploration entities certificate;

                     (d)  a certificate under section 43BA of the Foreign Acquisitions Regulation (about notifiable national security actions);

the amount of the fee is equal to 75% of the sum of each amount worked out under column 2 of each of the items in the table in subsection (3) that applies for the application.

Note:          This fee might be adjusted if the person applies for another certificate within 14 days (see section 35).

The fee for reviewable national security certificates is 25% of the full fee

             (2)  For an application for a certificate under section 43BB of the Foreign Acquisitions Regulation (about reviewable national security actions), the amount of the fee is equal to 25% of the sum of each amount worked out under column 2 of each of the items in the table in subsection (3) that applies for the application.

Note:          This fee might be adjusted if the person applies for another certificate within 14 days (see section 35).

How to work out the full fee for the certificate

             (3)  For an application for a certificate mentioned in subsection (1) or (2), work through the following table for each of the actions to be covered by the certificate:

 

Notional amounts for actions to be covered by the certificate

Item

Column 1

If one or more of the actions to be covered by the certificate are:

Column 2

work out:

1

actions involving acquisitions of interests in residential land (the residential land actions )

what would be the fee under Subdivision B of Division 2 if the residential land actions were replaced by a single action covered by that Subdivision:

(a) for the acquisition of an interest in residential land; and

(b) for which the value of the consideration was equal to the sum of the values of the consideration for the residential land actions

2

actions involving acquisitions of interests in agricultural land (the agricultural land actions )

what would be the fee under Subdivision B of Division 2 if the agricultural land actions were replaced by a single action covered by that Subdivision:

(a) for the acquisition of an interest in agricultural land; and

(b) for which the value of the consideration was equal to the sum of the values of the consideration for the agricultural land actions

3

actions covered by Division 2, 3, 4 or 5 that are not covered by any other item of this table (the exempted actions )

what would be the fee under Subdivision B of Division 2 if the exempted actions were replaced by a single action covered by that Subdivision:

(a) for the acquisition of an interest in commercial land (whether the land is vacant or not); and

(b) for which the value of the consideration was equal to the sum of the values of the consideration for the exempted actions

4

actions involving starting a national security business or an Australian business

the sum of what would be the fees under section 12 if each of these actions were an action covered by that section

5

actions involving any of the following:

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

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

(c) entering or terminating a significant agreement with an Australian business as mentioned in subparagraph 55E(1)(a)(iii) of that Act

the sum of what would be the fees under section 16 if each of these actions were an action covered by that section

Note 1:       The actions covered by item 3 of the table include actions that involve the following:

(a)    an acquisition of an interest in commercial land or a tenement;

(b)    an acquisition of a direct interest in an Australian entity, or Australian business, that is an agribusiness;

(c)    an acquisition of a substantial interest in an Australian entity;

(d)    an acquisition of interests in securities in an entity, or in assets of an Australian business.

Note 2:       For an action that is an action of more than one kind (for example, an acquisition of mixed-use land), first classify the action under subsection 48(1).



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