Commonwealth Numbered Regulations

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FOREIGN ACQUISITIONS AND TAKEOVERS REGULATION 2015 (SLI NO 217 OF 2015) - REG 17

Meaning of foreign government investor

                   For the definition of foreign government investor in section 4 of the Act, a person is a foreign government investor if the person is:

                     (a)  a foreign government or separate government entity; or

                     (b)  a corporation in which:

                              (i)  a foreign government or separate government entity, alone or together with one or more associates, holds a substantial interest; or

                             (ii)  foreign governments or separate government entities of more than one foreign country (or parts of more than one foreign country), together with any one or more associates, hold an aggregate substantial interest; or

                     (c)  the trustee of a trust in which:

                              (i)  a foreign government or separate government entity, alone or together with one or more associates, holds a substantial interest; or

                             (ii)  foreign governments or separate government entities of more than one foreign country (or parts of more than one foreign country), together with any one or more associates, hold an aggregate substantial interest; or

                     (d)  the general partner of a limited partnership in which:

                              (i)  a foreign government or separate government entity, alone or together with one or more associates, holds an interest of at least 20%; or

                             (ii)  foreign governments or separate government entities of more than one foreign country (or parts of more than one foreign country), together with any one or more associates, hold an aggregate interest of at least 40%; or

                     (e)  a corporation, trustee or partner of a kind described in paragraph (b), (c) or (d) assuming the references to foreign government (or foreign governments) in those paragraphs included references to a foreign government investor (or foreign government investors):

                              (i)  within the meaning of those paragraphs; or

                             (ii)  as a result of a previous application of this paragraph.



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