Foreign Acquisitions and Takeovers Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Regulations 2018
(F2018L01389)
2 October 2018
Foreign Acquisitions and Takeovers Act 1975
1 Name
This instrument is the Foreign Acquisitions and Takeovers Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Regulations 2018.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provisions |
Commencement |
Date/Details |
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1. The whole of this instrument |
The later of: (a) the day after this instrument is registered; and (b) the day the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018, enters into force for Australia. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. |
Note 1: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
Note 2: The Comprehensive and Progressive Agreement for Trans-Pacific Partnership could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Foreign Acquisitions and Takeovers Act 1975.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 Amendments
Foreign Acquisitions and Takeovers Regulation 2015
1 Section 5 (at the end of the definition of agreement country)
Add:
; (h) a country (other than Australia) for which the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018, is in force.
Note: The Agreement mentioned in paragraph (h) could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
2 In the appropriate position in Part 7
Insert:
72 Application of the Foreign Acquisitions and Takeovers Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Regulations 2018
The amendments made by the Foreign Acquisitions and Takeovers Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Regulations 2018 apply in relation to an action that:
(a) is taken by an entity (within the ordinary meaning of the term) that:
(i) is an enterprise or a national of a country other than Australia; and
(ii) is not a foreign government investor; and
(b) is taken both:
(i) on or after the commencement of those Regulations; and
(ii) during the period the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018, is in force for that other country.
Note: That Agreement could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).