Foreign Acquisitions and Takeovers Act 1975
PART 6
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FEES IN RELATION TO ACTIONS
SECTION 113
WHEN FEES ARE PAYABLE
113(1)
The person mentioned in column 1 of the following table must pay a fee to the Treasurer in accordance with column 2 of the table.
6 monthly fees for developers
113(2)
A person (the developer ) who is given an exemption certificate under section 57 (the section 57 certificate ) must pay a fee for a 6 month period if there were one or more new dwelling acquisitions during the period.
113(2A)
A person (the developer ) who is given a residential land (near-new dwelling interests) certificate must pay a fee for a 6 month period if there were one or more near-new dwelling acquisitions covered by the certificate during the period.
113(3)
A 6 month period is:
(a) the period of 6 months beginning immediately after the developer is given the section 57 certificate or the residential land (near-new dwelling interests) certificate (whichever is applicable); or
(b) any subsequent 6 month period.
113(4)
A new dwelling acquisition is an acquisition by a foreign person of an interest in a new dwelling that is covered by the section 57 certificate given to the developer.
113(4A)
A near-new dwelling acquisition is an acquisition by a foreign person of a near-new dwelling interest that is covered by the residential land (near-new dwelling interests) certificate given to the developer.
Debts may be recovered by Treasurer
113(5)
A fee payable under this section that does not relate to an application made or a notice given by the person may be recovered by the Treasurer, on behalf of the Commonwealth, as a debt due to the Commonwealth in a court of competent jurisdiction.
View history note
Hide history noteThe person mentioned in column 1 of the following table must pay a fee to the Treasurer in accordance with column 2 of the table.
| When fees are payable | ||||
| Item |
Column 1
This person … |
Column 2
must pay a fee … |
||
| 1 | a person who applies for an exemption certificate | (a) | when the application is made; and | |
| (b) | for a person who is given an exemption certificate under section 57 or a residential land (near-new dwelling interests) certificate - at the end of each 6 month period covered by subsection (2) or (2A). | |||
| 2 | a person who applies for a variation of an exemption certificate | when the application is made. | ||
| 3 | a person who gives a notice of a notifiable action or notifiable national security action under section 81 | when the notice is given. | ||
| 4 | a person who gives a notice to the Treasurer that the person proposes to take either of the following: | when the notice is given. | ||
| (a) | a significant action that is not a notifiable action or notifiable national security action; | |||
| (b) | a reviewable national security action | |||
| 4A | a person to whom a notice is given under subsection 66A(4) | before the end of 30 days after the notice is given. | ||
| 5 | a person: | before the end of 30 days after the order or notification is given. | ||
| (a) | in relation to whom an order is made under Division 2 of Part 3 ; or | |||
| (b) | to whom a no objection notification is given; | |||
| if both of the following apply: | ||||
| (c) | the person did not give a notice mentioned in item 3 or 4 of this table in relation to the action specified in the order or notification; | |||
| (d) | the person was not given a notice under subsection 66A(4) in relation to that action | |||
| 6 | a person who applies under subsection 76(6) for a variation of a no objection notification | when the application is made. | ||
| 7 | a person who applies under subsection 79Q(1) for a variation of a notice imposing conditions | when the application is made. |
Note: The amounts of the fees are in regulations made under the Foreign Acquisitions and Takeovers Fees Imposition Act 2015 .
6 monthly fees for developers
113(2)
A person (the developer ) who is given an exemption certificate under section 57 (the section 57 certificate ) must pay a fee for a 6 month period if there were one or more new dwelling acquisitions during the period.
113(2A)
A person (the developer ) who is given a residential land (near-new dwelling interests) certificate must pay a fee for a 6 month period if there were one or more near-new dwelling acquisitions covered by the certificate during the period.
113(3)
A 6 month period is:
(a) the period of 6 months beginning immediately after the developer is given the section 57 certificate or the residential land (near-new dwelling interests) certificate (whichever is applicable); or
(b) any subsequent 6 month period.
113(4)
A new dwelling acquisition is an acquisition by a foreign person of an interest in a new dwelling that is covered by the section 57 certificate given to the developer.
113(4A)
A near-new dwelling acquisition is an acquisition by a foreign person of a near-new dwelling interest that is covered by the residential land (near-new dwelling interests) certificate given to the developer.
Debts may be recovered by Treasurer
113(5)
A fee payable under this section that does not relate to an application made or a notice given by the person may be recovered by the Treasurer, on behalf of the Commonwealth, as a debt due to the Commonwealth in a court of competent jurisdiction.
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