Commonwealth Consolidated Acts

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NATIONAL RECONSTRUCTION FUND CORPORATION ACT 2023 - SECT 69

Investments of Corporation bodies to be solely or mainly Australian - based

  (1)   The Board must take all reasonable steps to ensure that each investment of a Corporation body is at all times solely or mainly Australian - based.

  (2)   As soon as practicable after the Board becomes aware that an investment of a Corporation body has ceased to be, or never was, solely or mainly Australian - based, the Board must give the Ministers a written statement:

  (a)   informing the Ministers; and

  (b)   setting out the action that the Board proposes to take in order to ensure that all investments of the Corporation body are solely or mainly Australian - based.

  (3)   If the Ministers are satisfied that an investment of a Corporation body has ceased to be, or was never, solely or mainly Australian - based, the Ministers may (whether or not the Board has given the Ministers a statement under subsection   (2)), by written notice given to the Board, direct the Board:

  (a)   to give the Ministers, within a period specified in the notice, a written explanation; and

  (b)   to take action specified in the notice, within a period specified in the notice, in order to ensure that all investments of the Corporation body are solely or mainly Australian - based.

  (4)   The Board must comply with a direction under subsection   (3).

  (5)   The fact that an investment of a Corporation body has ceased to be, or never was, solely or mainly Australian - based, does not affect the validity of any transaction.

  (6)   A direction under subsection   (3) is not a legislative instrument.



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