Foreign Acquisitions and Takeovers Act 1975
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Hide history noteThe threshold test is met in relation to an entity or business for an action mentioned in column 1 of the following table if the value mentioned in column 2 of the table is more than the value prescribed by the regulations.
| When the threshold test is met | |||
| Item |
Column 1
Kind of action |
Column 2
Value |
|
| 1 | A person acquiring a direct interest in an Australian entity or Australian business that is an agribusiness | The total of the following: | |
| (a) | the value of the consideration for the acquisition; | ||
| (b) | the total value of the other interests held by the person, alone or together with one or more associates: | ||
| (i) | in the entity or business; or | ||
| (ii) | previously acquired from the entity or business | ||
| 2 | Acquiring interests in securities in an entity, or issuing securities in an entity | The higher of the following: | |
| (a) | the total asset value for the entity; | ||
| (b) | the total issued securities value for the entity | ||
| 2A | Acquiring a substantial interest in an Australian entity | The higher of the following: | |
| (a) | the total asset value for the entity; | ||
| (b) | the total issued securities value for the entity | ||
| 3 | Entering an agreement mentioned in paragraph 40(2)(d) in relation to an entity, or altering a constituent document of an entity as mentioned in paragraph 40(2)(e) | The total asset value for the entity | |
| 4 | Acquiring interests in the assets of an Australian business | The value of the consideration for the acquisition | |
| 5 | Entering or terminating a significant agreement with an Australian business | The total value of the assets of the business |
Note 1: Total asset value , total issued securities value and consideration are defined by the regulations (see section 4 ).
Note 2: The regulations may provide in relation to valuing assets of an entity or business (see section 27 ).
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