Commonwealth Consolidated Acts

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 98

    For the purposes of this Subdivision, the amount of the capital gain that was made or would be made on the disposal by a person (the offender ) of an interest to another person (the third party ) is the higher of the following amounts:

  (a)   if an agreement has been entered into in relation to disposing of the interest to the third party--the difference between:

  (i)   the consideration for the acquisition by the third party; and

  (ii)   the amount for which the offender purchased the interest;

  (b)   in any case--the difference between:

  (i)   the market value of the interest; and

  (ii)   the amount for which the offender purchased the interest.