Commonwealth Numbered Regulations Commonwealth Numbered RegulationsEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 -- National security
Foreign Acquisitions and Takeovers Regulation 2015
1 Section 5 (definition of acquire )
Repeal the definition.
2 Section 5
Insert:
"defence and intelligence personnel " means:
(a) a member of the Australian Defence Force; or
(b) in relation to the Defence Department--the following:
(i) an APS employee in the Department;
(ii) a consultant engaged by the Secretary of the Department on behalf of the Commonwealth;
(iii) a person whose services are made available to the Department under an arrangement entered into by the Secretary of the Department on behalf of the Commonwealth; or
(c) in relation to an agency in the national intelligence community--the following:
(i) a member of the staff of the agency;
(ii) a consultant engaged by the agency;
(iii) a person whose services are made available to the agency or the head (however described) of the agency.
"Defence Department " means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
3 Section 5 (definition of exploration tenement )
Repeal the definition.
4 Section 5
Insert:
"foreign country , for the purposes of the definition of foreign intelligence agency" , includes a region where:
(a) the region is a colony, territory or protectorate of a foreign country; or
(b) the region is part of a foreign country; or
(c) the region is under the protection of a foreign country; or
(d) a foreign country exercises jurisdiction or control over the region; or
(e) a foreign country is responsible for the region's international relations.
"foreign intelligence agency " means a government body that has responsibility for:
(a) intelligence gathering for a foreign country; or
(b) the security of a foreign country.
(a) the government of a country; or
(b) an agency or authority of the government of a country; or
(c) the government of part of a country; or
(d) an agency or authority of the government of part of a country.
"intelligence use " includes security intelligence, foreign intelligence or financial intelligence.
5 Section 5 (definition of interest )
Repeal the definition.
6 Section 5
Insert:
"national security business " has the meaning given by section 8AA.
"national security land " means:
(a) defence premises (within the meaning of section 71A of the Defence Act 1903 , excluding subparagraph (a)(iii) of the definition of that expression); or
(b) land in which the Commonwealth, as represented by an agency in the national intelligence community, has an interest that:
(i) is publicly known; or
(ii) could be known upon the making of reasonable inquiries.
"personal information " has the same meaning as in the Privacy Act 1988 .
7 Section 5 (definition of starts an Australian business )
Repeal the definition.
8 Section 6
Repeal the section.
9 After section 8
Insert: