Document ID: chunk:federal_register_of_legislation:F2024C01235:reg:43
Version: federal_register_of_legislation:F2024C01235
Segment Type: reg
Provision Reference: reg 43
Character Range: 103383–104992

43  Exemption certificates for certain interests in tenements and mining, production or exploration entities
 (1) A foreign person may apply for a certificate under this section (a tenements and mining, production or exploration entities certificate) if the foreign person or any other foreign person proposes to acquire:
 (a) either:
 (i) one or more kinds of interests in a tenement; or
 (ii) one or more kinds of interests in securities in a mining, production or exploration entity; and
 (b) those kinds of interests are not interests in Australian land.
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 acquisitions of those kinds of interests by that foreign person are not contrary to the national interest.
 (3) The certificate must specify:
 (a) the person (who may not yet be incorporated or established) to whom the certificate relates; and
 (b) the kinds of interests 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 subsections 45(3) and 49(2) of the Act, an action is not a significant action or a notifiable action if:
 (a) the action is an acquisition by a foreign person of an interest in securities or in a tenement; and
 (b) the foreign person is specified in a tenements and mining, production or exploration entities certificate; and
 (c) the interest is of a kind specified in the certificate; and
 (d) the conditions (if any) specified in the certificate are met.