Foreign Acquisitions and Takeovers Regulation 2015 (Cth)

PART 5B - REGISTER OF FOREIGN OWNERSHIP OF AUSTRALIAN ASSETS  

Division 2 - Requirements to give register notices to the Registrar  

Subdivision B - Actions covered by exemption certificates  

SECTION 58E   REQUIREMENT TO GIVE REGISTER NOTICE - ACTIONS THAT WOULD BE NOTIFIABLE NATIONAL SECURITY ACTIONS IF NOT COVERED BY EXEMPTION CERTIFICATES  

58E(1)    
For the purposes of paragraph 130ZU(1)(a) of the Act, circumstances in which a foreign person must give a register notice to the Registrar are if the foreign person takes an action that:

(a)    is an action to which paragraph 55B(1)(a) , (b) or (c) of the Act applies; and

(b)    is not a notifiable national security action only because of subsection 43BA(4) of this instrument (about exemption certificates).

Note: The data standards may provide for register notices under multiple provisions to be combined into a single register notice (see paragraph 130ZZ(2)(j) of the Act).

58E(2)    
For the purposes of paragraphs 130ZU(1)(b) , (c) and (d) of the Act, if a foreign person gives a register notice under this section in relation to an action mentioned in subsection (1) of this section, subsections 130ZK(2) to (5) of the Act apply in relation to the action as if:

(a)    the foreign person had given the register notice under subsection 130ZK(1) of the Act in relation to the action; and

(b)    subsection 130ZK(4) of the Act provided that the registrable event day for the register notice were the day on which the foreign person takes the action.

58E(3)    
For the purposes of paragraph 130ZN(4)(g) of the Act, section 130ZN of the Act applies to a registered circumstance mentioned in item 2 or 3 of the table in subsection 130ZK(2) of the Act (as that table item applies because of subsection (2) of this section).