Foreign Acquisitions and Takeovers Amendment Regulations 2022 (F2022L00465)

Schedule 1   Amendments

Part 4   Acquisitions of interests in securities where proportionate share or unit holding will not increase

Foreign Acquisitions and Takeovers Regulation 2015

13   At the end of subsection 41(2)

Add:

; or (c) all of the following apply:

(i) immediately before the person's acquisition, the person holds an interest of a particular percentage (the person's allowable percentage ) in the entity;

(ii) the person's acquisition is of a kind whereby additional interests in the entity are only made available for acquisition by each holder of existing interests in the entity in a proportion equal to the percentage interest that such a holder holds in the entity immediately before the acquisition;

(iii) the portion acquired by the person, and all of the person's associates, of those additional interests made available to all holders of existing interests in the entity, expressed as a percentage, is no more than the person's allowable percentage;

(iv) at the time of the person's acquisition, the person has no reasonable grounds to believe that the percentage interest that the person will hold in the entity after the last of the acquisitions of those additional interests will exceed the person's allowable percentage.

Note 1: Paragraph (c) only applies if the percentage of additional interests that will be acquired by the person and the person's associates is less than or equal to the person's percentage interest in the entity immediately before the person's acquisition.

Note 2: Paragraph (c) can apply, for example, if the person holds a 100% interest in the entity both before and after the person's acquisition. In that case, the additional interest acquired by the person may be the only additional interest of the kind mentioned in subparagraph (c)(ii).

Note 3: The additional interests mentioned in subparagraphs (c)(iii) and (iv) are the additional interests available for acquisition as described in subparagraph (c)(ii).