Foreign Acquisitions and Takeovers Act 1975
PART 6A
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VACANCY FEES FOR FOREIGN ACQUISITIONS OF RESIDENTIAL LAND
Division 2
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Vacancy fees: liability
SECTION 115C
LIABILITY FOR VACANCY FEES
Main rule
115C(1)
The person must pay a fee (a vacancy fee ) in relation to each dwelling on the land that is residentially occupied for fewer than 183 days during each vacancy year for the dwelling.
Vacancy year
115C(2)
A vacancy year , for a dwelling on the land, is the first, and each successive, period of 12 months since the occupation day for the dwelling during which the person has continuously held the interest in land.
Occupation day
115C(3)
The occupation day for a dwelling on the land is:
(a) if the dwelling is an established dwelling, unless paragraph (c) applies - the first day the person acquires the right to occupy the dwelling; or
(b) if the dwelling is a new dwelling, or the interest in the dwelling acquired by the person is a near-new dwelling interest, unless paragraph (c) applies - the later of:
(c) a day prescribed by regulations made for the purposes of this paragraph.
Residential occupation
115C(4)
A dwelling is residentially occupied on a day if:
(a) the person, or a relative of the person, genuinely occupies the dwelling as a residence on that day (with or without any other persons); or
(b) the dwelling is genuinely occupied on that day as a residence under a lease or licence with a term of 30 or more days; or
(c) the dwelling is genuinely available on that day for occupation as a residence under a lease or licence with a term of 30 or more days.
View history note
Hide history noteMain rule
115C(1)
The person must pay a fee (a vacancy fee ) in relation to each dwelling on the land that is residentially occupied for fewer than 183 days during each vacancy year for the dwelling.
Note: The amount of the vacancy fee is in regulations made under the Foreign Acquisitions and Takeovers Fees Imposition Act 2015 .
Vacancy year
115C(2)
A vacancy year , for a dwelling on the land, is the first, and each successive, period of 12 months since the occupation day for the dwelling during which the person has continuously held the interest in land.
Occupation day
115C(3)
The occupation day for a dwelling on the land is:
(a) if the dwelling is an established dwelling, unless paragraph (c) applies - the first day the person acquires the right to occupy the dwelling; or
(b) if the dwelling is a new dwelling, or the interest in the dwelling acquired by the person is a near-new dwelling interest, unless paragraph (c) applies - the later of:
(i) the day on which a certificate of fitness for occupancy or use (however described) is issued in relation to the dwelling for the purposes of the law of a State or Territory relating to approvals of new dwellings; and
(ii) the first day the person acquires the right to occupy the dwelling; or
(c) a day prescribed by regulations made for the purposes of this paragraph.
Residential occupation
115C(4)
A dwelling is residentially occupied on a day if:
(a) the person, or a relative of the person, genuinely occupies the dwelling as a residence on that day (with or without any other persons); or
(b) the dwelling is genuinely occupied on that day as a residence under a lease or licence with a term of 30 or more days; or
(c) the dwelling is genuinely available on that day for occupation as a residence under a lease or licence with a term of 30 or more days.
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