Foreign Acquisitions and Takeovers Act 1975

PART 8 - MISCELLANEOUS  

SECTION 135   MANNER AND FORM FOR NOTICES AND APPLICATIONS  

c    

A notice given, or application made, for the purposes of this Act is of no effect unless it is given or made in the manner (if any) and form (if any) approved, in writing, by the Secretary.

Note: The Secretary may approve different manners and forms for giving notices or making applications for different classes of notices or applications (see subsection 33(3A) of the Acts Interpretation Act 1901 ).

135(2)    

For the purposes of subsection (1) :

(a)    an approved manner may be electronic communication; and

(b)    an approved form may be an electronic form.

135(2A)    

Strict compliance with an approved manner or an approved form is required, unless the Secretary is satisfied in relation to a particular notice or application that:

(a)    the notice or application substantially complies with the approved manner or form; and

(b)    it is appropriate in the circumstances to treat the notice or application as being effective for the purposes of this Act.

135(3)    
To avoid doubt, a notice given for the purposes of this Act includes:

(a)    a notice required by a condition imposed in an exemption certificate or a no objection notification; and

(aa)    

a notice required by a condition imposed in a notice imposing conditions; and

(b)    

a notice under section 81 (notice of notifiable actions and notifiable national security actions); and

(ba)    

a notification for the purposes of paragraph 101(1)(b) ; and

(bb)    

a notification for the purposes of subsection 98C(2) , 98D(2) or 98E(3) (notices after no objection notification or exemption certificate); and

(c)    

a notice mentioned in item 4 of the table in subsection 113(1) (notice of actions that are not notifiable certain actions).

135(4)    

However, this section does not apply to register notices.

Note: The manner and form for giving register notices is provided for by data standards made under section 130ZZ .