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FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 88 Failing to advertise new dwellings

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 88

Failing to advertise new dwellings

  (1)   A person (the developer ) commits an offence if:

  (a)   the developer is specified in an exemption certificate given under section   57 in relation to an interest in Australian land on which a new dwelling will be, is being or has been built; and

  (b)   the developer disposes of an interest in the dwelling to a foreign person; and

  (c)   the certificate includes a condition requiring the sale of the dwelling to be advertised (however described) in Australia; and

  (d)   at the time the foreign person acquires the interest, the dwelling has not been advertised in accordance with the condition.

Penalty:   Imprisonment for 10 years, or 30,000 penalty units (or 300,000 penalty units if the developer is a corporation), or both.

  (2)   Paragraph   (1)(c) does not limit where the sale of a new dwelling may otherwise be advertised.