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Overseas Investment Act 2005

Consent and conditions regime - Miscellaneous provisions

61D: Minister may grant individual exemptions

You could also call this:

"The Minister can make exceptions for some people or deals"

Illustration for Overseas Investment Act 2005

The Minister can choose to exempt a transaction, person, or assets from needing consent or from being considered an overseas person. You can find more information about this in sections 61E and 61F. The Minister must then publish each exemption on a website, unless section 61F(6) says they do not have to.

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61C: Regulations may contain class or individual exemptions, or

"Some people or groups can be exempt from following the usual rules, with the Governor-General's approval."

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61E: Criteria for all exemptions, or

"Rules for when the government can say it's okay to ignore some overseas investment laws"

Part 2Consent and conditions regime
Miscellaneous provisions

61DMinister may grant individual exemptions

  1. The Minister may exempt any transaction, person, interest, right, or assets from the requirement for consent or from the definition of overseas person or associate or associated land.

  2. See sections 61E (criteria for all exemptions) and 61F (other provisions applying to all exemptions).

  3. The Minister must publish each exemption granted under subsection (1) on an Internet site maintained by or for the regulator, unless section 61F(6) applies.

Notes
  • Section 61D: inserted, on , by section 47 of the Overseas Investment Amendment Act 2018 (2018 No 25).
  • Section 61D(3): amended, on , by section 50 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).