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
14 Section 93
Repeal the section, substitute:
93 Contravening conditions
Conditions in no objection notifications
(1) A person who is given a no objection notification must not contravene a condition specified in the notification that relates to a core Part 3 action.
(2) A person who contravenes subsection (1) is liable to a civil penalty.
(3) The maximum penalty for the contravention is the lesser of the following:
(a) 2,500,000 penalty units;
(b) the greater of the following:
(i) 5,000 penalty units (or 50,000 penalty units if the person is a corporation);
(ii) the amount worked out under section 98F for the core Part 3 action.
Conditions in notice imposing conditions
(4) A person who is given a notice imposing conditions must not contravene a condition specified in the notice that relates to an action.
(5) A person who contravenes subsection (4) is liable to a civil penalty.
(6) The maximum penalty for the contravention is the lesser of the following:
(a) 2,500,000 penalty units;
(b) the greater of the following:
(i) 5,000 penalty units (or 50,000 penalty units if the person is a corporation);
(ii) the amount worked out under section 98F for the action.
Conditions in exemption certificates
(7) A person who is specified in an exemption certificate must not contravene a condition specified in the certificate.
Civil penalty: 5,000 penalty units (or 50,000 penalty units if the person is a corporation).