Foreign Acquisitions and Takeovers Act 1975

PART 1 - PRELIMINARY  

Division 3 - Application of this Act  

SECTION 35   GENERAL SEVERABILITY  

Application of this section

35(1)    
This section applies in relation to each of the following persons:

(a) a foreign person;

(b) a corporation;

(c) a person applying for an exemption certificate under:

(i) section 57 (certificates for new dwellings); or

(ii) regulations made for the purposes of section 63 ;

(d) an individual who holds a substantial interest, or who, as one of 2 or more persons, holds an aggregate substantial interest in a corporation or trust.

Effect of this Act

35(2)    
Without limiting the effect of this Act apart from this section, this Act also has effect as provided by this section.

35(3)    
To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.

External affairs power

35(4)    
This Act has the effect it would have if each reference to a person mentioned in subsection (1) were expressly confined to a person outside Australia.

Corporations power

35(5)    
This Act has the effect it would have if each reference to a person mentioned in subsection (1) were expressly confined to a corporation to which paragraph 51(xx) of the Constitution applies.

Aliens power

35(6)    
This Act has the effect it would have if each reference to a person mentioned in subsection (1) were expressly confined to an alien (within the meaning of paragraph 51(xix) of the Constitution).

Trade and commerce power

35(7)    
This Act has the effect it would have if each reference to a person mentioned in subsection (1) were expressly confined to a person engaged in:

(a) trade or commerce between Australia and places outside Australia; or

(b) trade or commerce among the States; or

(c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.

Territories and Commonwealth places power

35(8)    
This Act has the effect it would have if each reference to a person mentioned in subsection (1) were expressly confined to a person in, or a person taking an action in relation to:

(a) a Territory; or

(b) a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ).