Foreign Acquisitions and Takeovers Act 1975
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Hide history noteThis section applies in relation to land if:
(a) a court finds that a person has contravened Division 3 of this Part (civil penalties); and
(b) a pecuniary penalty is imposed on the person in relation to the contravention; and
(c) the person has an interest in Australian land covered by subsection (2) that can be registered on a land register; and
(d) either:
(i) the contravention relates to the acquisition of the interest in the land; or
(ii) the Treasurer makes a declaration under section 105 that this section applies in relation to the land.
Note: Subsection (5) contains an exception to this section (proceeds of crime orders).
Kinds of interests covered by this subsection
104(2)
The interest in Australian land is either:
(a) an interest under a long term lease; or
(b) any other legal or equitable interest (within the ordinary meaning of the term) in Australian land, except:
(i) an interest under a lease (except a long term lease); or
(ii) an interest under a licence; or
(iii) an interest in a mining or production tenement; or
(iv) an interest in an easement; or
(v) an interest giving a right (known as a profit à prendre) to take something off another person ' s land, or to take something out of the soil of that land; or
(vi) an interest held on trust for another person; or
(vii) an interest of a kind prescribed by the regulations.
Creation of charge
104(3)
A charge is created on land to which this section applies to secure the payment of the penalty.
104(4)
The charge is created at the time:
(a) if subparagraph (1)(d)(i) applies - the penalty is imposed; or
(b) if subparagraph (1)(d)(ii) applies - the declaration comes into force.
Exception in relation to proceeds of crime orders
104(5)
This section does not apply if at the time mentioned in subsection (4):
(a) a restraining order is in force in relation to the land under Part 2-1 of the Proceeds of Crime Act 2002 ; or
(b) a forfeiture order is in force in relation to the land under Part 2-2 of that Act; or
(c) an order (however described) of a kind prescribed by the regulations is in force in relation to the land under a law of the Commonwealth, a State or a Territory.
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