Foreign Acquisitions and Takeovers Act 1975

This section applies in relation to land if:

a court finds that a person has contravened Division 3 of this Part (civil penalties); and

a pecuniary penalty is imposed on the person in relation to the contravention; and

the person has an interest in Australian land covered by subsection (2) that can be registered on a land register; and

either:

the contravention relates to the acquisition of the interest in the land; or

the Treasurer makes a declaration under section 105 that this section applies in relation to the land.

Subsection (5) contains an exception to this section (proceeds of crime orders).

The interest in Australian land is either:

an interest under a long term lease; or

any other legal or equitable interest (within the ordinary meaning of the term) in Australian land, except:

an interest under a lease (except a long term lease); or

an interest under a licence; or

an interest in a mining or production tenement; or

an interest in an easement; or

an interest giving a right (known as a profit à prendre) to take something off another person’s land, or to take something out of the soil of that land; or

an interest held on trust for another person; or

an interest of a kind prescribed by the regulations.

A charge is created on land to which this section applies to secure the payment of the penalty.

The charge is created at the time:

if subparagraph (1)(d)(i) applies—the penalty is imposed; or

if subparagraph (1)(d)(ii) applies—the declaration comes into force.

This section does not apply if at the time mentioned in subsection (4):

a restraining order is in force in relation to the land under Part 2‑1 of the Proceeds of Crime Act 2002; or

a forfeiture order is in force in relation to the land under Part 2‑2 of that Act; or

an order (however described) of a kind prescribed by the regulations is in force in relation to the land under a law of the Commonwealth, a State or a Territory.