FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 113 When fees are payable
FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 113
When fees are payable(1) The person mentioned in column 1 of the following table must pay a fee to the Treasurer in accordance with column 2 of the table.
When fees are payable | ||
Item | Column 1 This person ... | Column 2 must pay a fee ... |
1 | a person who applies for an exemption certificate | (a) when the application is made; and (b) for a person who is given an exemption certificate under section 57 or a residential land (near - new dwelling interests) certificate--at the end of each 6 month period covered by subsection (2) or (2A). |
2 | a person who applies for a variation of an exemption certificate | when the application is made. |
3 | a person who gives a notice of a notifiable action or notifiable national security action under section 81 | when the notice is given. |
4 | a person who gives a notice to the Treasurer that the person proposes to take either of the following: (a) a significant action that is not a notifiable action or notifiable national security action; (b) a reviewable national security action | when the notice is given. |
4A | a person to whom a notice is given under subsection 66A(4) | before the end of 30 days after the notice is given. |
5 | a person: (a) in relation to whom an order is made under Division 2 of Part 3; or (b) to whom a no objection notification is given; if both of the following apply: (c) the person did not give a notice mentioned in item 3 or 4 of this table in relation to the action specified in the order or notification; (d) the person was not given a notice under subsection 66A(4) in relation to that action | before the end of 30 days after the order or notification is given. |
6 | a person who applies under subsection 76(6) for a variation of a no objection notification | when the application is made. |
7 | a person who applies under subsection 79Q(1) for a variation of a notice imposing conditions | when the application is made. |
Note: The amounts of the fees are in regulations made under the Foreign Acquisitions and Takeovers Fees Imposition Act 2015 .
(2) A person (the developer ) who is given an exemption certificate under section 57 (the section 57 certificate ) must pay a fee for a 6 month period if there were one or more new dwelling acquisitions during the period.
(2A) A person (the developer ) who is given a residential land (near - new dwelling interests) certificate must pay a fee for a 6 month period if there were one or more near - new dwelling acquisitions covered by the certificate during the period.
(a) the period of 6 months beginning immediately after the developer is given the section 57 certificate or the residential land (near - new dwelling interests) certificate (whichever is applicable); or
(b) any subsequent 6 month period.
(4) A new dwelling acquisition is an acquisition by a foreign person of an interest in a new dwelling that is covered by the section 57 certificate given to the developer.
(4A) A near - new dwelling acquisition is an acquisition by a foreign person of a near - new dwelling interest that is covered by the residential land (near - new dwelling interests) certificate given to the developer.
Debts may be recovered by Treasurer
(5) A fee payable under this section that does not relate to an
application made or a notice given by the person may be recovered by the
Treasurer, on behalf of the Commonwealth, as a debt due to the Commonwealth in
a court of competent jurisdiction.