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
27 After section 8
Insert:
8A Meaning of starts a national security business
(1) A foreign person starts a national security business if the foreign person starts to carry on a national security business.
(2) Despite subsection (1), if a foreign person carries on a national security business, the person does not start a national security business merely because the foreign person, alone or together with one or more persons, establishes a new entity:
(a) that carries on the same national security business; or
(b) for the purposes of acquiring interests in assets of the same national security business.
8B Meaning of starts an Australian business
(1) A foreign person starts an Australian business if:
(a) the foreign person starts to carry on an Australian business; or
(b) for a foreign person who already carries on an Australian business - the business starts a new activity that:
(i) is not incidental to an existing activity of the Australian business; and
(ii) is within a different Division under the Australian and New Zealand Standard Industrial Classification Codes from the current activities of the Australian business.
(2) Despite subsection (1), if a foreign person carries on an Australian business, the person does not start an Australian business merely because the foreign person, alone or together with one or more persons, establishes a new entity:
(a) that carries on the same Australian business; or
(b) for the purposes of acquiring interests in assets of the same Australian business.
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