Foreign Acquisitions and Takeovers Regulation 2015 (Cth)
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Hide history noteAcquisitions of any land by persons with a close connection to Australia
35(1)
The excluded provisions do not apply in relation to an acquisition of an interest in Australian land by any of the following persons:
(a) an Australian citizen not ordinarily resident in Australia;
(b) a foreign person that is an Australian corporation and would not be a foreign person if interests held directly in it by any one or more of the following persons were disregarded:
(i) a person to whom either of paragraphs (a) and (c) applies;
(ii) a person covered by a previous application of this paragraph;
(c) a foreign person that is the trustee of a resident trust at the time of the acquisition and would not be a foreign person if interests held directly in it by any one or more of the following persons were disregarded:
(i) a person to whom either of paragraphs (a) and (b) applies;
(ii) a person covered by a previous application of this paragraph;
(d) a charity operating in Australia primarily for the benefit of persons ordinarily resident in Australia.
Note: Charity is defined in the Charities Act 2013 .
Acquisitions of interests in agricultural land by spouses and de facto partners of Australian citizens
35(2)
The excluded provisions do not apply in relation to an acquisition of an interest in agricultural land by a foreign person if both of the following apply:
(a) the person is the spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901 ) of an Australian citizen;
(b) the interest is held by the person and his or her spouse or partner as joint tenants.
Note: A similar exemption applies in relation to residential land (see subsection 38(3) ).
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