Document ID: chunk:federal_register_of_legislation:F2024C01235:reg:43ba
Version: federal_register_of_legislation:F2024C01235
Segment Type: reg
Provision Reference: reg 43BA
Character Range: 108369–109874

43BA  Exemption certificates for actions that would otherwise be notifiable national security actions
 (1) A foreign person may apply for a certificate under this section if the foreign person proposes to take:
 (a) an action that is a notifiable national security action; or
 (b) one or more kinds of actions that are notifiable national security actions.
Note: See also Part 6 (fees) and section 135 (manner of notification and application) of the Act.
 (2) The Treasurer may give a certificate if the Treasurer is satisfied that the taking of the action, or the kinds of actions, by that foreign person is not contrary to national security.
 (3) The certificate must specify:
 (a) the foreign person to whom the certificate relates; and
 (b) the action or kinds of actions to which the certificate relates.
Note: For other things that the certificate may specify, see section 60 of the Act.
 (4) For the purposes of subsection 55B(3) of the Act, an action is not a notifiable national security action if:
 (a) the action is proposed to be taken by a foreign person and would, but for this section, be a notifiable national security action; and
 (b) the foreign person is specified in an exemption certificate in force under this section; and
 (c) the action or the kind of action is specified in the certificate; and
 (d) any conditions specified in the certificate are met, other than a condition imposing an obligation to report to the Treasurer in the 30 day period before the certificate expires.