Foreign Acquisitions and Takeovers Legislation Amendment Regulations 2009 (No. 2) (Cth)

Foreign Acquisitions and Takeovers Legislation Amendment Regulations 2009 (No. 2)¹

Select Legislative Instrument 2009 No. 104

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Foreign Acquisitions and Takeovers Act 1975.

Dated 4 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Assistant Treasurer

Contents

1Name of Regulations                                2

2Commencement                                   2

3Amendment of Foreign Acquisitions and Takeovers Regulations 1989      2

4Amendment of Foreign Acquisitions and Takeovers (Notices) Regulations 1975     2

Schedule 1Amendment of Foreign Acquisitions and Takeovers Regulations 1989    3

Schedule 2Amendments of Foreign Acquisitions and Takeovers (Notices) Regulations 1975                                                  4

1. Name of Regulations

These Regulations are the Foreign Acquisitions and Takeovers Legislation Amendment Regulations 2009 (No. 2).

1. Commencement

These Regulations commence on the day after they are registered.

1. Amendment of Foreign Acquisitions and Takeovers Regulations 1989

Schedule 1 amends the Foreign Acquisitions and Takeovers Regulations 1989.

1. Amendment of Foreign Acquisitions and Takeovers (Notices) Regulations 1975

Schedule 2 amends the Foreign Acquisitions and Takeovers (Notices) Regulations 1975.

Schedule 1Amendment of Foreign Acquisitions and Takeovers Regulations 1989

(regulation 3)

[1]       Regulation 2, definition of spouse

substitute

spouse, in relation to a person, includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901.

Schedule 2Amendments of Foreign Acquisitions and Takeovers (Notices) Regulations 1975

(regulation 4)

[1]       Subregulation 4 (1)

omit

the Schedule

insert

Schedule 1

[2]       Subregulation 4 (2)

omit

the Schedule

insert

Schedule 1

[3]       Subregulation 4 (3)

substitute

(3) The prescribed form of notice for section 26A of the Act is:

           (a)    unless paragraph (b) or (c) applies — Form 3 in Schedule 1; and

          (b)    if a natural person acquires an interest in Australian residential land — Form 4 in Schedule 1; and

           (c)    if a company or trust estate acquires an interest in Australian residential land — Form 5 in Schedule 1.

[4]       Schedule, heading

substitute

Schedule 1       Forms

(regulation 4)

[5]       Schedule, Forms 3 and 4

substitute

Form 3 Notice under section 26A of the Act

(paragraph 4 (3) (a))

Form 4 Notice under section 26A of the Act

(paragraph 4 (3) (b))

Form 5 Notice under section 26A of the Act

(paragraph 4 (3) (c))

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See