Foreign Investment Reform (Protecting Australia's National Security) Act 2020 (114 of 2020)
Schedule 1 Main amendments
Part 1 Amendment of the Foreign Acquisitions and Takeovers Act 1975
Foreign Acquisitions and Takeovers Act 1975
176 After section 95
Insert:
95A Taking action while prohibited by this Act
(1) A person must not take an action relating to a residential land acquisition when prohibited by paragraph 79A(3)(b) or subsection 79A(4).
(2) A person who contravenes subsection (1) is liable to a civil penalty.
Penalty
(3) The maximum penalty for the contravention is the greatest of the following:
(a) the amount of the capital gain that was made or would be made on the disposal of the interest in the relevant residential land;
(b) 25% of the consideration for the residential land acquisition;
(c) 25% of the market value of the interest in the relevant residential land.
Note 1: Consideration is defined by the regulations (see section 4).
Note 2: For how to work out the capital gain, see section 98.
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