Foreign Acquisitions and Takeovers Legislation Amendment Act 2015 (150 of 2015)
Schedule 3 Application and transitional provisions for Schedules 1 and 2 and Fees Imposition Act
5 Orders, advices and decisions
(1) The following table translates orders or advices given, or decisions made, before commencement under the old provisions for the purposes of the new provisions.
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Orders, advice and decisions |
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|---|---|---|
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Item |
Column 1
This thing done under this provision of the old provisions … |
Column 2
is taken to be this thing done under this provision of the new provisions |
|
1 |
an order given under subsection 18(2), 19(2), 20(2), 21(2) or 21A(2) |
an order given under subsection 67(2). |
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2 |
an order given under subsection 18(3), 19(3) or 21A(3) |
an order given under subsection 67(3). |
|
3 |
an order given under subsection 18(4), 19(4), 20(3), 21(3) or 21A(4) |
an order given under subsection 69(2). |
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4 |
an order given under section 22 |
an interim order given under section 68. |
|
5 |
a decision made under subsection 25(1A) where conditions have been imposed |
a decision made under paragraph 74(2)(a). |
|
6 |
an advice given under subsection 25(1B) where conditions have been imposed |
a no objection notification given under paragraph 74(2)(b). |
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7 |
a decision made under subsection 25(1A) where conditions have not been imposed |
a decision made under paragraph 75(2)(a). |
|
8 |
an advice given under subsection 25(1B) where conditions have not been imposed |
a no objection notification given under paragraph 75(2)(b). |
Variation and revocation of orders
(2) The new provisions apply, after commencement, in relation to orders and advices mentioned in column 1 of the table in subitem (1) as if subparagraph 71(1)(b)(ii) and paragraph 74(6)(b) of the new provisions were omitted.
Note: Subparagraph 71(1)(b)(ii) and paragraph 74(6)(b) of the new provisions deal with when orders and no objection notifications can be varied and revoked.
Gazettal
(3) If:
(a) an order is published in the Gazette before Schedule 2 commences; and
(b) the period mentioned in section 25 of the old provisions has not ended by that commencement;
the new provisions apply, after that commencement, as if a reference to the registration of a notifiable instrument were a reference to publication in the Gazette.
Application for all purposes
(4) To avoid doubt, this item applies for all purposes, including for the purposes of Part 5 (offences and civil penalties) and section 132 (powers of court to enforce Treasurer's orders) of the new provisions.