Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020
49Adjustment to the fees payable for the actions to which this Subdivision applies
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49 Adjustment to the fees payable for the actions to which this Subdivision applies
(1) If: (a) a single agreement covers 2 or more actions for which fees are payable under subsection 113(1) of the Foreign Acquisitions Act by a person; and (b) 2 or more of those actions remain after excluding any of those actions to which any of the following sections applies: (i) section 41 (about fees for internal reorganisations); (ii) section 53 (about fees if consideration is less than $75,000); (iii) section 54 (about fees for majority owners); (iv) section 55 (about fees for leaseback acquisitions); and (c) if section 48 or 56 applies to one or more of the remaining actions—the adjustments under that section to those remaining actions are made; then this Subdivision applies to the remaining actions as adjusted if necessary as described in paragraph (c) (the applicable actions). (2) Despite Part 2, the fees payable under subsection 113(1) of the Foreign Acquisitions Act by the person for the applicable actions are adjusted so that the total amount payable is the amount worked out under section 50 for those actions.
Note 1: The fees for any actions covered by a section mentioned in paragraph (1)(b) will be in addition to the amount worked out under section 50.
Note 2: Section 48 will apply to an action if it is an action of more than one kind, or relates to more than one kind of Australian land. The reclassification of the action by paragraph 48(1)(d) will be used in sections 50 to 52.
Note 3: Section 56 will apply to an action if it is acquiring securities in a land entity. The reclassification of the action by paragraph 56(1)(c) will be used in sections 50 to 52.