If the relevant acquisition was a notifiable action notified by the person under section 81 of the Foreign Acquisitions Act, the amount of the vacancy fee is equal to:
(a) the fee worked out under Division 2 of Part 2 of this instrument that was payable by the person for giving that notice; or
(b) if the fee mentioned in paragraph (a) was waived--the amount in item 1 of the table in section 10 of this instrument.
Note: The amount in item 1 of the table in section 10 is subject to indexation.