Foreign Acquisitions and Takeovers Act 1975

PART 6A - VACANCY FEES FOR FOREIGN ACQUISITIONS OF RESIDENTIAL LAND  

Division 3 - Vacancy fees: recovery of unpaid fees  

SECTION 115N   VACANCY FEE RECOVERY - COURT ORDER AUTHORISING VESTING OF INTEREST IN COMMONWEALTH  

Court order

115N(1)    
The Treasurer or the Commissioner of Taxation may apply to a court of competent jurisdiction for an order authorising the vesting of an interest in Australian land in the Commonwealth under section 115P .

Note: For service of notices or other documents relating to the application, see section 135A .

115N(2)    
On application under subsection (1), a court may make the order sought if:

(a) the Australian land is charged under section 115K to secure the payment of unpaid vacancy fees and any unpaid vacancy penalties; and

(b) the court is satisfied that it is necessary to make the order to recover the amount of the unpaid vacancy fees and any unpaid vacancy penalties; and

(c) the Australian land is not charged under section 104 (which provides for the creation of charges to secure the payment of pecuniary penalties for the contravention of civil penalty provisions); and

(d) an order covered by subsection (3) is not in force in relation to the land.

Exception in relation to proceeds of crime orders

115N(3)    
This section covers the following orders:

(a) a restraining order in force in relation to the Australian land under Part 2-1 of the Proceeds of Crime Act 2002 ;

(b) a forfeiture order in force in relation to the land under Part 2-2 of that Act;

(c) an order (however described) of a kind prescribed by the regulations in force in relation to the land under a law of the Commonwealth, a State or a Territory.