Foreign Acquisitions and Takeovers Regulation 2015 (Cth)
View history note
Hide history noteA foreign person may apply for a certificate under this section (a tenements and mining, production or exploration entities certificate ) if the foreign person or any other foreign person proposes to acquire:
(a) either:
(i) one or more kinds of interests in a tenement; or
(ii) one or more kinds of interests in securities in a mining, production or exploration entity; and
(b) those kinds of interests are not interests in Australian land.
Note: See also Part 6 (fees) and section 135 (manner of notification and application) of the Act.
43(2)
The Treasurer may give a certificate if the Treasurer is satisfied that acquisitions of those kinds of interests by that foreign person are not contrary to the national interest.
43(3)
The certificate must specify:
(a) the person (who may not yet be incorporated or established) to whom the certificate relates; and
(b) the kinds of interests to which the certificate relates.
Note: For other things that the certificate may specify, see section 60 of the Act.
43(4)
For the purposes of subsections 45(3) and 49(2) of the Act, an action is not a significant action or a notifiable action if:
(a) the action is an acquisition by a foreign person of an interest in securities or in a tenement; and
(b) the foreign person is specified in a tenements and mining, production or exploration entities certificate; and
(c) the interest is of a kind specified in the certificate; and
(d) the conditions (if any) specified in the certificate are met.
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