48Single action of more than one kind that could result in more than one fee

48 Single action of more than one kind that could result in more than one fee

(1) If either or both of the following paragraphs apply: (a) a single action by a person is covered by any of the following subparagraphs more than once, or by more than one of the following subparagraphs, because the action is an action of more than one kind: (i) a kind of action for which a notice is given under subsection 66A(4) of the Foreign Acquisitions Act to the person; (ii) a kind of notifiable national security action; (iii) a kind of reviewable national security action that the person notifies to the Treasurer; (iv) paragraph 40(2)(a), (b), (c), (d) or (e) of that Act; (v) paragraph 41(2)(a), (b) or (c) of that Act; (vi) paragraph 43(a) of that Act; (vii) a provision of regulations made for the purposes of section 44 of that Act; (b) a single action by a person relates to an interest in Australian land, but the land is more than one kind of relevant land; then for the purposes of this instrument (and despite Part 2 of this instrument): (c) the amount of the fee payable under subsection 113(1) of the Foreign Acquisitions Act for the action is the highest of the amounts that would otherwise apply under this instrument; and (d) treat the action as only being the kind of action, or as only relating to the kind of relevant land, that resulted in that highest amount. (2) If Subdivision B (about a single agreement covering more than one action) applies to the action as adjusted by paragraph (1)(d), the fee worked out under paragraph (1)(c) for the action is subject to subsection 49(2). (3) This section does not apply in relation to an action to which any of the following sections applies: (a) section 41 (about fees for internal reorganisations); (b) section 53 (about fees if consideration is less than $75,000); (c) section 54 (about fees for majority owners); (d) section 55 (about fees for leaseback acquisitions); (e) section 56 (about fees for acquiring securities in land entities).