Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 51

The threshold test for entities and businesses

    The threshold test is met in relation to an entity or business for an action mentioned in column 1 of the following table if the value mentioned in column 2 of the table is more than the value prescribed by the regulations.

 

When the threshold test is met

Item

Column 1

Kind of action

Column 2

Value

1

A person acquiring a direct interest in an Australian entity or Australian business that is an agribusiness

The total of the following:

(a) the value of the consideration for the acquisition;

(b) the total value of the other interests held by the person, alone or together with one or more associates:

(i) in the entity or business; or

(ii) previously acquired from the entity or business

2

Acquiring interests in securities in an entity, or issuing securities in an entity

The higher of the following:

(a) the total asset value for the entity;

(b) the total issued securities value for the entity

2A

Acquiring a substantial interest in an Australian entity

The higher of the following:

(a) the total asset value for the entity;

(b) the total issued securities value for the entity

3

Entering an agreement mentioned in paragraph   40(2)(d) in relation to an entity, or altering a constituent document of an entity as mentioned in paragraph   40(2)(e)

The total asset value for the entity

 

4

Acquiring interests in the assets of an Australian business

The value of the consideration for the acquisition

5

Entering or terminating a significant agreement with an Australian business

The total value of the assets of the business

Note 1:   Total asset value , total issued securities value and consideration are defined by the regulations (see section   4).

Note 2:   The regulations may provide in relation to valuing assets of an entity or business (see section   27).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback