Document ID: chunk:federal_register_of_legislation:F2024C01252:reg:5
Version: federal_register_of_legislation:F2024C01252
Segment Type: reg
Provision Reference: reg 5
Character Range: 45710–48432

5                                                              actions involving any of the following:                                                                                                                                        the sum of what would be the fees under section 16 if each of these actions were an action covered by that section
                                                               (a) entering an agreement as mentioned in subparagraph 55D(2)(a)(ii) of the Foreign Acquisitions Act;
                                                               (b) altering a constituent document of an entity as mentioned in subparagraph 55D(2)(a)(iii) of that Act;
                                                               (c) entering or terminating a significant agreement with an Australian business as mentioned in subparagraph 55E(1)(a)(iii) of that Act

Note 1: The actions covered by item 3 of the table include actions that involve the following:
(a) an acquisition of an interest in commercial land or a tenement;
(b) an acquisition of a direct interest in an Australian entity, or Australian business, that is an agribusiness;
(c) an acquisition of a substantial interest in an Australian entity;
(d) an acquisition of interests in securities in an entity, or in assets of an Australian business.
Note 2: For an action that is an action of more than one kind (for example, an acquisition of mixed‑use land), first classify the action under subsection 48(1).

Adjusted maximum fee for certificates that cover established dwellings
 (4) For the purposes of subparagraph (2)(b)(ii), work out the amount using the following formula, rounding the result down to the nearest multiple of $100:
where:
established dwellings fee means the sum of the amounts worked out under column 2 of item 1A of the table in subsection (3) for each action to be covered by the certificate that is an action to acquire an interest in residential land on which there is at least one established dwelling.
maximum fee (other than for established dwellings) means the amount in paragraph (b) of column 2 of item 2 of the table in section 10.
percentage of established dwellings maximum fee not charged means the percentage worked out by:
 (a) expressing the established dwellings fee calculated under the definition in this subsection as a percentage of the amount that is 3 times the amount in paragraph (b) of column 2 of item 2 of the table in section 10; and
 (b) subtracting the result of paragraph (a) of this definition from 100%.
Note: The amount in paragraph (b) of column 2 of item 2 of the table in section 10 is subject to indexation.

Subdivision B—Applications for multiple exemption certificates