Commonwealth Consolidated Regulations

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FOREIGN ACQUISITIONS AND TAKEOVERS REGULATIONS 1989 - REG 2

Definitions

                In these Regulations, unless the contrary intention appears:

"Act " means the Foreign Acquisitions and Takeovers Act 1975 .

"charitable institution" means:

                (a)    any charitable, religious, scientific or educational institution (including an institution providing residential accommodation wholly or principally for full‑time students attending an educational institution);

               (b)    any institution being, or carrying on, a hospital; and

                (c)    any institution the sole or principal purpose of which is to assist in the saving of life, or the prevention of loss or damage to property, whether at sea or otherwise;

being an institution which is not carried on for the purpose of profit or gain to its individual members and which is not empowered to make any distribution, whether in money, property or otherwise, to its members.

"entity" includes an individual.

"foreign person" includes a person to whom section 26A of the Act applies.

"spouse" , in relation to a person, includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901 .

"temporary resident" means a person:

                (a)    who resides in Australia; and

               (b)    who is the holder of a temporary visa within the meaning of the Migration Act 1958 ; and

                (c)    to whom one of the following circumstances applies:

                          (i)    if the person holds a bridging visa -- the person has applied for a permanent visa under that Act and the application has not been withdrawn or otherwise finally determined;

                         (ii)    if the person holds any other temporary visa -- the visa permits the person to remain in Australia for a continuous period of more than 12 months.

"US enterprise" has the meaning given by regulation 2AB.

"US national" means:

                (a)    a national of the United States of America, as defined in Title III of the Immigration and Nationality Act of the United States of America; or

               (b)    a permanent resident of the United States of America.



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