Foreign Investment Reform (Protecting Australia's National Security) Act 2020 (114 of 2020)

Schedule 2   Compliance and enforcement

Part 1   Amendments

Foreign Acquisitions and Takeovers Act 1975

37   After subsection 101(1)

Insert:

(1A) For the purposes of paragraph (1)(c), treat the Commonwealth as having indicated to the person, in writing, that the Commonwealth was considering investigating the conduct constituting the alleged contravention if the Commonwealth gave the person any of the following:

(a) a notice in writing requiring or inviting the person to show cause why the Commonwealth should not investigate that conduct;

(b) a notice in writing indicating that the Commonwealth might issue an infringement notice in relation to that conduct;

(c) any other similar notice in writing.