CTHIn ForceLegislation
Foreign Acquisitions and Takeovers Regulation 2015
43BExemption certificates for residential land (other than established dwellings)
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#### 43B Exemption certificates for residential land (other than established dwellings)
(1) A foreign person may apply for a certificate under this section (a residential land (other than established dwellings) certificate) if the foreign person or any other foreign person proposes to acquire only one of the following:
(a) an interest in a new dwelling;
(b) a near‑new dwelling interest;
(c) an interest in vacant residential 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 the acquisition of those kinds of interests by that foreign person is not contrary to the national interest.
(3) The certificate must specify:
(a) the person to whom the certificate relates; and
(b) the kind of interest 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 Australian land; and
(b) the foreign person is specified in a residential land (other than established dwellings) certificate; and
(c) the interest is of the 3 kinds specified in the certificate; and
(d) the conditions (if any) specified in the certificate are met.