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FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 46 Simplified outline of this Division

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 46

Simplified outline of this Division

A notifiable action is an action by a foreign person:

  (a)   to acquire a direct interest in an Australian entity or Australian business that is an agribusiness; or

  (b)   to acquire a substantial interest in an Australian entity; or

  (c)   to acquire an interest in Australian land.

Generally, the action is only notifiable if the entity, business or land meets the threshold test. A different threshold test applies for certain notifiable actions taken in relation to agribusinesses.

There does not need to be a change in control for actions relating to entities and businesses to be notifiable actions.

The regulations may also prescribe actions that are notifiable actions.

Actions to acquire interests in Australian land that are specified in an exemption certificate under Division   5 are generally not notifiable actions.

Division   6 deals with the treatment of entities whose securities are stapled and entities operating on a unified basis.