PART 5
-
OFFENCES AND CIVIL PENALTIES
History
Pt 5 inserted by No 150 of 2015, s 3, Sch 1[4] (effective 1 December 2015).
For application and transitional provisions by No 150 of 2015, Sch 3, see Transitional Information under this Act.
Division 3
-
Civil penalties
History
Div 3 inserted by No 150 of 2015, s 3, Sch 1[4] (effective 1 December 2015).
For application and transitional provisions by No 150 of 2015, Sch 3, see Transitional Information under this Act.
Subdivision C
-
Civil penalties relating to residential land
History
Subdiv C inserted by No 150 of 2015, s 3, Sch 1[4] (effective 1 December 2015).
For application and transitional provisions by No 150 of 2015, Sch 3, see Transitional Information under this Act.
SECTION 97
PERSONS CONTRAVENING CONDITIONS
Conditions in no objection notifications
97(1)
A person who is given a no objection notification under section
74
(no objection notification imposing conditions) relating to a residential land acquisition must not contravene a condition specified in the notification requiring:
(a)
the person to give a notice to the Treasurer when the person acquires or disposes of the interest in the relevant residential land; or
(b)
the sale of a dwelling on the relevant residential land to be advertised (however described) in Australia.
Civil penalty: 500 penalty units.
History
S 97(1) amended by No 75 of 2022, s 3, Sch 1[11] (applicable in relation to: (a) a contravention of subsection 95(1) of the
Foreign Acquisitions and Takeovers Act 1975
that: (i) started before 1 January 2023 and did not end before 1 January 2023; or (ii) starts on or after 1 January 2023; or (b) a contravention of any other provision of that Act committed on or after 1 January 2023.).
Conditions in notice imposing conditions
97(1A)
A person who is given a notice imposing conditions relating to a residential land acquisition must not contravene a condition specified in the notice requiring:
(a)
the person to give a notice to the Treasurer when the person acquires or disposes of the interest in the relevant residential land; or
(b)
the sale of a dwelling on the relevant residential land to be advertised (however described) in Australia.
Civil penalty: 500 penalty units.
History
S 97(1A) amended by No 75 of 2022, s 3, Sch 1[11] (applicable in relation to: (a) a contravention of subsection 95(1) of the
Foreign Acquisitions and Takeovers Act 1975
that: (i) started before 1 January 2023 and did not end before 1 January 2023; or (ii) starts on or after 1 January 2023; or (b) a contravention of any other provision of that Act committed on or after 1 January 2023.).
S 97(1A) inserted by No 114 of 2020, s 3, Sch 1[179] (effective 1 January 2021).
For application and transitional provisions by No 114 of 2020, Sch 1 items 227 to 250, see Transitional Information under this Act.
Conditions in exemption certificates
97(2)
A person who is specified in an exemption certificate relating to residential land must not contravene a condition specified in the certificate requiring:
(a)
the person to give a notice to the Treasurer when the person acquires or disposes of the interest in the residential land; or
(b)
the sale of a dwelling on the residential land to be advertised (however described) in Australia.
Civil penalty: 500 penalty units.
History
S 97(2) amended by No 75 of 2022, s 3, Sch 1[11] (applicable in relation to: (a) a contravention of subsection 95(1) of the
Foreign Acquisitions and Takeovers Act 1975
that: (i) started before 1 January 2023 and did not end before 1 January 2023; or (ii) starts on or after 1 January 2023; or (b) a contravention of any other provision of that Act committed on or after 1 January 2023.).
S 97 inserted by No 150 of 2015, s 3, Sch 1[4].
For application and transitional provisions by No 150 of 2015, Sch 3, see Transitional Information under this Act.