Foreign Acquisitions and Takeovers Act 1975

This section applies in relation to a person’s interest in Australian land if:

a court makes an order under section 115N authorising the vesting of an interest in Australian land under this section; and

the interest is an estate in fee simple in the land or an interest in a long term lease; and

the person holds the interest alone.

When the order is made, or at a later time provided by the order:

the interest in the land vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with; and

the Treasurer has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the Commonwealth’s equitable interest in the land; and

the Commonwealth is entitled to be registered on a land register as the owner of that property; and

the Treasurer has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as the owner.

The Treasurer’s powers under paragraph (2)(d) include:

executing any instrument required to be executed; and

signing any certificate that:

states that land has vested in the Commonwealth under this section; and

specifies the land that has so vested.