Foreign Acquisitions and Takeovers Regulation 2015 (Cth)

PART 3 - EXEMPTIONS  

Division 4 - Other exemptions  

Subdivision A - Exemptions relating to particular actions  

SECTION 40A   ACQUISITIONS OF INTERESTS IN REGISTERED SCHEMES OR REGISTERED SUPERANNUATION ENTITIES - INTERFUNDING  

40A(1)    
This section applies for the following provisions:

(a)    section 55B of the Act (meaning of notifiable national security action );

(b)    Division 2 of Part 2 of the Act (meaning of significant action );

(c)    Division 3 of Part 2 of the Act (meaning of notifiable action );

(d)    any other provision of the Act or the regulations to the extent that it relates to any of those provisions.

40A(2)    
The provisions specified in subsection (1) do not apply in relation to an acquisition if:

(a)    the acquisition is made by a corporation (the acquirer ) in its capacity as:

(i) the responsible entity of a registered scheme (the acquiring fund ); or

(ii) the RSE licensee of a registrable superannuation entity (also the acquiring fund ); and

(b)    the acquisition is of an interest in securities in:

(i) a registered scheme (the target fund ); or

(ii) a registrable superannuation entity (also the target fund ); and

(c)    any of the following apply:

(i) the acquisition is made from the acquirer (in a capacity other than the capacity mentioned in paragraph (a));

(ii) the acquisition is made from a related body corporate of the acquirer;

(iii) the responsible entity or the RSE licensee (as the case requires) of the target fund is a related body corporate of the acquirer; and

(d)    the acquisition is made for the purpose of:

(i) achieving transactional efficiency; or

(ii) giving effect to an investment strategy of the acquiring fund that has been communicated to the members of the acquiring fund; and

(e)    corporations in the group comprised of the acquirer and each of its related bodies corporate that is the responsible entity of a registered scheme or the RSE licensee of a registrable superannuation entity make, or are likely to make, on a regular and repeatable basis, acquisitions of a similar kind.