Register of Foreign Ownership of Water or Agricultural Land Act 2015

Prepared by the Office of Parliamentary Counsel, Canberra Register of Foreign Ownership of Water or Agricultural Land Act 2015 No. 151, 2015 Compilation No. 3 Compilation date: 1 April 2019 Includes amendments up to: Act No. 8, 2019 Registered: 12 April 2019 About this compilation This compilation This is a compilation of the Register of Foreign Ownership of Water or Agricultural Land Act 2015 that shows the text of the law as amended and in force on 1 April 2019 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Register of Foreign Ownership of Water or Agricultural Land Act 2015 i Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Contents Part 1—Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Simplified outline of this Act ............................................................ 2 4 Definitions ......................................................................................... 3 5 Rules may specify that land is not agricultural land .......................... 5 5A Meaning of registrable water entitlement.......................................... 5 6 Starting and ceasing to hold freehold interests in, and rights to occupy, land .................................................................................. 6 6A Starting and ceasing to hold water entitlements and rights ................ 6 7 Extension to external Territories ....................................................... 7 8 Extraterritoriality ............................................................................... 7 9 This Act binds the Crown .................................................................. 7 10 Concurrent operation of State and Territory laws .............................. 7 11 Severability ........................................................................................ 7 Part 2—Register of Foreign Ownership of Agricultural Land 9 12 Simplified outline of this Part ............................................................ 9 13 Commissioner must keep this register ............................................... 9 14 Parts of this register ........................................................................... 9 15 Commissioner may add information to basic part of this register ............................................................................................. 10 16 Commissioner may correct or update information in this register ............................................................................................. 10 17 Statistical part of this register to be published on website ............... 10 Part 3—Requirements to give information about foreign holdings of agricultural land 11 Division 1—Simplified outline of this Part 11 18 Simplified outline of this Part .......................................................... 11 Division 2—Foreign holdings of agricultural land on 1 July 2015 12 19 Notification of foreign persons’ holdings of agricultural land as at 1 July 2015 .............................................................................. 12 Division 3—Changes in foreign holdings of agricultural land 13 Subdivision A—Requirement to notify Commissioner of events affecting foreign holding of agricultural land 13 ii Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 20 Notification of changes of foreign persons’ holdings of agricultural land ............................................................................... 13 Subdivision B—Events that must be notified 13 21 Foreign person starting to hold agricultural land ............................. 13 22 Foreign person ceasing to hold agricultural land ............................. 14 23 Becoming a foreign person while holding agricultural land ............ 14 24 Ceasing to be a foreign person while holding agricultural land .................................................................................................. 14 25 Land becoming agricultural land while held by a foreign person .............................................................................................. 14 26 Land ceasing to be agricultural land while held by a foreign person .............................................................................................. 15 Division 4—Giving of notice by agents 16 27 Requirement for executors and administrators to give notice for persons who die ......................................................................... 16 28 Requirement for corporate liquidators to give notice ...................... 16 29 Agents may give notice ................................................................... 16 Division 5—Exemptions from requirements to give notice 17 30 Rules may exempt from requirements to give notice ....................... 17 Part 3A—Register of Foreign Ownership of Water Entitlements 18 30A Simplified outline of this Part .......................................................... 18 30B Commissioner must keep this register ............................................. 18 30C Parts of this register ......................................................................... 18 30D Commissioner may add information to basic part of this register ............................................................................................. 19 30E Commissioner may correct or update information in this register ............................................................................................. 19 30F Statistical part of this register to be published on website ............... 19 Part 3B—Requirements to give information about foreign holdings of water entitlements 20 Division 1—Simplified outline of this Part 20 30G Simplified outline of this Part .......................................................... 20 Register of Foreign Ownership of Water or Agricultural Land Act 2015 iii Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 2—Foreign holdings of water entitlements or contractual water rights on 30 November 2017 21 30H Notification of foreign persons’ holdings of water entitlements or contractual water rights as on 30 November 2017 ................................................................................................. 21 30J Notification of changes to these holdings that occur before 1 December 2017 ............................................................................. 21 Division 3—Changes in foreign holdings of water entitlements or contractual water rights 23 Subdivision A—Requirement to notify of events affecting foreign holding of these entitlements or rights 23 30K Notification of changes of foreign persons’ holdings of water entitlements or contractual water rights ........................................... 23 Subdivision B—Events that must be notified 24 30L Foreign person starting to hold a water entitlement or contractual water right ..................................................................... 24 30M Foreign person ceasing to hold a water entitlement or contractual water right ..................................................................... 24 30N Becoming a foreign person while holding a water entitlement or contractual water right ................................................................. 24 30P Ceasing to be a foreign person while holding a water entitlement or contractual water right .............................................. 25 30Q Change to certain characteristics of a water entitlement or contractual water right ..................................................................... 25 Division 4—Giving of notice by agents 26 30R Requirement for executors and administrators to give notice for persons who die ......................................................................... 26 30S Requirement for corporate liquidators to give notice ...................... 26 30T Agents may give notice ................................................................... 26 Division 5—Exemptions from requirements to give notice 27 30U Rules may exempt from requirements to give notice ....................... 27 Part 4—Miscellaneous 28 31 Simplified outline of this Part .......................................................... 28 32 Commissioner has the general administration of this Act................ 28 33 Offshore information notices for persons who may have obligations under Part 3 or Part 3B .................................................. 28 34 Periodic report ................................................................................. 29 34A Productivity Commission inquiry—Parts 3A and 3B ...................... 30 35 Rules ................................................................................................ 30 iv Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Endnotes 32 Endnote 1—About the endnotes 32 Endnote 2—Abbreviation key 34 Endnote 3—Legislation history 35 Endnote 4—Amendment history 36 Error! No text of specified style in document.Error! No text of specified style in document. PreliminaryPart 1 Simplified outline of this PartDivision 1 Section 1 Register of Foreign Ownership of Water or Agricultural Land Act 2015 1 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 An Act to provide for the collection of information, and publication of statistics, about foreign interests in certain water or land, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Register of Foreign Ownership of Water or Agricultural Land Act 2015. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act At the same time as Schedule 1 to the Foreign Acquisitions and Takeovers Legislation Amendment Act 2015 commences. 1 December 2015 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. Error! No text of specified style in document.Error! No text of specified style in document. Part 1Preliminary Division 1Simplified outline of this Part Section 3 2 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 3 Simplified outline of this Act The Commissioner must keep 2 registers under this Act. The first register is the Register of Foreign Ownership of Agricultural Land, which contains: (a) information the Commissioner obtains about foreign persons’ holdings of agricultural land; and (b) published statistics derived from that information. Foreign persons must give notice to the Commissioner of: (a) their holdings of agricultural land as at the start of 1 July 2015; and (b) later events causing agricultural land to start or cease to be held by foreign persons. The second register is the Register of Foreign Ownership of Water Entitlements, which contains: (a) information the Commissioner obtains about foreign persons’ holdings of certain water entitlements and contractual water rights; and (b) published statistics derived from that information. Foreign persons must give notice to the Commissioner of: (a) their holdings of such water entitlements and contractual water rights as at the end of 30 November 2017; and (b) later events causing such entitlements or rights to start or cease to be held by foreign persons, notice of which must be given annually. The Commissioner must give the Minister reports, including statistics from each register, for presentation to the Parliament. The provisions in Schedule 1 to the Taxation Administration Act 1953 about confidentiality of information control what can be done Error! No text of specified style in document.Error! No text of specified style in document. PreliminaryPart 1 Simplified outline of this PartDivision 1 Section 4 Register of Foreign Ownership of Water or Agricultural Land Act 2015 3 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 with information in the registers (apart from the published statistics). 4 Definitions In this Act: agricultural land means land in Australia that is used, or that could reasonably be used, for a primary production business. Note: The rules may provide that land is not agricultural land (see section 5). Australia, when used in a geographical sense, includes the external Territories. Australian water access entitlement means a perpetual or ongoing entitlement, by or under a law of a State or Territory, to exclusive access to a share of the water resources of an area in the State or Territory. cease: (a) in relation to holding a freehold interest in, or a right to occupy, agricultural land—has a meaning affected by section 6; or (b) in relation to holding a registrable water entitlement or a contractual water right—has a meaning affected by section 6A. Commissioner means the Commissioner of Taxation. contract includes a deed. contractual water right of a person means a contractual right that the person holds (alone or jointly) to all or part of another person’s: (a) registrable water entitlement; or (b) water allocation; or (c) right of a kind specified in the rules. foreign person has the same meaning as in the Foreign Acquisitions and Takeovers Act 1975. Error! No text of specified style in document.Error! No text of specified style in document. Part 1Preliminary Division 1Simplified outline of this Part Section 4 4 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 freehold interest of a person in land means a legal interest in an estate in fee simple in the land that the person holds (alone, as a tenant in common or as a joint tenant). land includes a building or a part of a building. lease includes a sublease. primary production business has the same meaning as in the Income Tax Assessment Act 1997. registrable water entitlement has the meaning given by section 5A. registration trigger time: (a) in relation to a right held by a person to occupy land under a lease or licence—means the latest of the following times: (i) the time the person started to hold the right; (ii) the time the person became a foreign person; (iii) the time the land became agricultural land; (iv) the start of 1 July 2015; or (b) in relation to a contractual water right held by a person— means the latest of the following times: (i) the time the person started to hold the right; (ii) the time the person became a foreign person; (iii) the start of 1 December 2017. rules means rules made under section 35. start: (a) in relation to holding a freehold interest in, or a right to occupy, land—has a meaning affected by section 6; or (b) in relation to holding a registrable water entitlement or a contractual water right—has a meaning affected by section 6A. water allocation means the specific volume of water allocated to an Australian water access entitlement in a given period. water resource means: Error! No text of specified style in document.Error! No text of specified style in document. PreliminaryPart 1 Simplified outline of this PartDivision 1 Section 5 Register of Foreign Ownership of Water or Agricultural Land Act 2015 5 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (a) surface water or ground water; or (b) a watercourse, lake, wetland or aquifer (whether or not it currently has water in it). An expression used in this definition that is also used in the Water Act 2007 has the same meaning as in that Act. 5 Rules may specify that land is not agricultural land (1) The rules may provide that land of a specified kind is not agricultural land for the purposes of this Act. (2) Those rules have effect despite the definition of agricultural land in section 4. 5A Meaning of registrable water entitlement (1) A registrable water entitlement of a person is any of the following rights that the person holds (alone or jointly): (a) an irrigation right (within the meaning of the Water Act 2007) that relates to a water resource in Australia; (b) a right (including an Australian water access entitlement) conferred by or under a law of a State or Territory to do either or both of the following: (i) to hold water from a water resource in Australia; (ii) to take water from a water resource in Australia. (2) However, a registrable water entitlement does not include: (a) stock and domestic rights; or (b) riparian rights; or (c) water allocations; or (d) a right of a kind specified in the rules. Error! No text of specified style in document.Error! No text of specified style in document. Part 1Preliminary Division 1Simplified outline of this Part Section 6 6 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 6Starting and ceasing to hold freehold interests in, and rights to occupy, land Starting (1) A person starts to hold a freeholdinterest in, or right to occupy, land even if: (a) the person starts to hold the interest or right jointly with one or more other persons; or (b) the person already holds or has previously held such an interest or right in other land. Ceasing (2) A person ceases to hold a freehold interest in, or right to occupy, agricultural land even if the person continues to hold another such interest or right in other agricultural land. This section is not limiting (3) This section does not limit when a person starts or ceases to hold a freehold interest in, or right to occupy, land. 6A Starting and ceasing to hold water entitlements and rights Starting (1) A person starts to hold a registrable water entitlement or a contractual water right even if: (a) the person starts to hold the entitlement or right jointly with one or more other persons; or (b) the person already holds or has previously held another registrable water entitlement or contractual water right. Error! No text of specified style in document.Error! No text of specified style in document. PreliminaryPart 1 Simplified outline of this PartDivision 1 Section 7 Register of Foreign Ownership of Water or Agricultural Land Act 2015 7 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Ceasing (2) A person ceases to hold a registrable water entitlement, or contractual water right, even if the person continues to hold another such entitlement or right. This section is not limiting (3) This section does not limit when a person starts or ceases to hold a registrable water entitlement or contractual water right. 7 Extension to external Territories This Act extends to every external Territory. 8 Extraterritoriality This Act applies both within and outside Australia. 9 This Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 10 Concurrent operation of State and Territory laws This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act. 11 Severability (1) Without limiting its effect apart from each of the following subsections of this section, this Act also has effect as provided by that subsection. Error! No text of specified style in document.Error! No text of specified style in document. Part 1Preliminary Division 1Simplified outline of this Part Section 11 8 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (2) This Act also has the effect it would have if each reference to a foreign person were expressly confined to an individual who is outside Australia. (3) This Act also has the effect it would have if each reference to a foreign person were expressly confined to an alien (within the meaning of paragraph 51(xix) of the Constitution). (4) This Act also has the effect it would have if each reference to a foreign person were expressly confined to a corporation that: (a) is described in paragraph (b) or (c) of the definition of foreign person in section 4 of the Foreign Acquisitions and Takeovers Act 1975; and (b) is a foreign corporation, or a trading or financial corporation, to which paragraph 51(xx) of the Constitution applies. (5) This Act also has the effect it would have if each reference to a foreign person were expressly confined to a trustee who: (a) is a trustee of a trust described in paragraph (d) or (e) of the definition of foreign person in section 4 of the Foreign Acquisitions and Takeovers Act 1975; and (b) is: (i) an individual outside Australia; or (ii) an alien (within the meaning of paragraph 51(xix) of the Constitution); or (iii) a foreign corporation, or a trading or financial corporation, to which paragraph 51(xx) of the Constitution applies. (6) This Act also has the effect it would have if each reference to land were expressly confined to land within a Territory. (7) This Act also has the effect it would have if each reference to a water resource were expressly confined to a water resource within a Territory. Error! No text of specified style in document.Error! No text of specified style in document. Register of Foreign Ownership of Agricultural LandPart 2 Simplified outline of this PartDivision 1 Section 12 Register of Foreign Ownership of Water or Agricultural Land Act 2015 9 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Part 2—Register of Foreign Ownership of Agricultural Land 12 Simplified outline of this Part The Commissioner must keep a Register of Foreign Ownership of Agricultural Land, in 2 parts. The basic part contains information the Commissioner obtains about foreign persons’ holdings of agricultural land. The statistical part, which must be published on a website, contains statistics derived from the information in the basic part. The Commissioner may correct and update this register. 13 Commissioner must keep this register The Commissioner must keep a Register of Foreign Ownership of Agricultural Land. 14 Parts of this register (1) The Commissioner must keep this register in 2 separate parts: (a) the basic part; and (b) the statistical part. (2) The basicpart must contain: (a) all the information obtained by the Commissioner under Part 3; and (b) any information added under section 15; and (c) any correctionsor updates of information described in paragraph (a) or (b) that are madeunder section 16. Error! No text of specified style in document.Error! No text of specified style in document. Part 2Register of Foreign Ownership of Agricultural Land Division 1Simplified outline of this Part Section 15 10 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (3) The statisticalpart must contain statistics derived by the Commissioner from informationin the basic part of this register, and any corrections or updates of those statistics. (4) The statistics in the statistical part must not identify, or be reasonably capable of being used to identify, a person. 15 Commissioner may add information to basic part of this register The Commissioner may add to the basic part of this register any information obtained by the Commissioner (other than information obtained under Part 3) relating to: (a) the holding by a foreign person at the start of 1 July 2015 of an interest or right described in subsection 19(1); or (b) an event that is described in Subdivision B of Division 3 of Part 3 and that occurs after the start of 1 July 2015. Note 1: Information obtained under Part 3 must be included in the basic part of this register. Note 2: Although the information described in this section is information about matters that must be notified to the Commissioner under Part 3, the Commissioner may obtain that information in other ways, such as by the exercise of powers under section 33 of this Act or Division 353 in Schedule 1 to the Taxation Administration Act 1953. 16 Commissioner may correct or update information in this register The Commissioner may correct or update information in the basic part, or the statistical part, of this register. 17 Statistical part of this register to be published on website The Commissioner must publish on a website the statistical part of this register. Error! No text of specified style in document.Error! No text of specified style in document. Requirements to give information about foreign holdings of agricultural landPart 3 Simplified outline of this PartDivision 1 Section 18 Register of Foreign Ownership of Water or Agricultural Land Act 2015 11 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Part 3—Requirements to give information about foreign holdings of agricultural land Division 1—Simplified outline of this Part 18 Simplified outline of this Part After the commencement of this Act,a foreign person who held agricultural land at the start of 1 July 2015 must give the Commissioner notice of the holding. If an event happens after the start of 1 July 2015 causing agricultural land to start or cease to be held by aparticular foreign person, the person must give the Commissioner notice of the event after the commencement of this Act. If a person required to give notice dies or is wound up before doing so, the person’s executor or liquidator must give the notice. An agent may give notice for a person. The rules may provide for exemptions from these requirements. Error! No text of specified style in document.Error! No text of specified style in document. Part 3Requirements to give information about foreign holdings of agricultural land Division 2Foreign holdings of agricultural land on 1 July 2015 Section 19 12 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 2—Foreign holdings of agricultural land on 1 July 2015 19Notification of foreign persons’ holdings of agricultural land as at 1 July 2015 (1) This section applies if, at the start of 1 July 2015, a foreign person held: (a) a freehold interest in agricultural land; or (b) a right to occupy agricultural land under a lease or licence whose remaining term (including any extension or renewal) was (at the start of 1 July 2015) reasonably likely to exceed 5 years. (2) The person must give notice of the holding to the Commissioner in the approved form before the end of 30 days starting on the day this section commences. Note 1: Subdivision 388-B in Schedule 1 to the Taxation Administration Act 1953 contains rules about giving notices in the approved form. Subdivision 286-C in that Schedule provides for an administrative penalty for failure to give notice in the approved form on time. Note 2: Division 4 requires or permits other persons to give notice of the event in some cases. Note 3: The rules may provide for exemptions from requirements of this Part (see section 30). Error! No text of specified style in document.Error! No text of specified style in document. Requirements to give information about foreign holdings of agricultural landPart 3 Changes in foreign holdings of agricultural landDivision 3 Section 20 Register of Foreign Ownership of Water or Agricultural Land Act 2015 13 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 3—Changes in foreign holdings of agricultural land Subdivision A—Requirement to notify Commissioner of events affecting foreign holding of agricultural land 20Notification of changes of foreign persons’ holdings of agricultural land A person must give the Commissioner notice, in the approved form, of an event described in Subdivision Binvolving the person and occurring after the start of 1 July 2015. The person must do so before the end of 30 days after the later of: (a) the occurrence of the event; and (b) the commencement of this section. Note 1: Subdivision 388-B in Schedule 1 to the Taxation Administration Act 1953 contains rules about giving notices in the approved form. Subdivision 286-C in that Schedule provides for an administrative penalty for failure to give notice in the approved form on time. Note 2: Division 4 requires or permits other persons to give notice of the event in some cases. Note 3: The rules may provide for exemptions from requirements of this Part (see section 30). Subdivision B—Events that must be notified 21Foreign person starting to hold agricultural land One event is that a foreign person starts to hold: (a) afreehold interest in agricultural land; or (b) a right to occupy agricultural land under a lease or licence whose term (including any extension or renewal) after the person starts to hold the right is reasonably likely to exceed 5 years. Error! No text of specified style in document.Error! No text of specified style in document. Part 3Requirements to give information about foreign holdings of agricultural land Division 3Changes in foreign holdings of agricultural land Section 22 14 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 22Foreign person ceasing to holdagricultural land Another event is that a foreign person ceases to hold: (a) a freehold interest in agricultural land; or (b) a right to occupy agricultural land under a lease or licence whose term (including any extension or renewal) after the registration trigger time was (at that time) reasonably likely to exceed 5 years. 23 Becoming a foreign person while holding agricultural land Another event is that a person becomes a foreign person while holding: (a) a freehold interest in agricultural land; or (b) a right to occupy agricultural land under a lease or licence whose term (including any extension or renewal) after the person becomes a foreign person is reasonably likely to exceed 5 years. 24 Ceasing to be a foreign person while holding agricultural land Another event is that a person ceases to be a foreign person while holding: (a) a freehold interest in agricultural land; or (b) a right to occupy agricultural land under a lease or licence whose term (including any extension or renewal) after the registration trigger time was (at that time) reasonably likely to exceed 5 years. 25 Land becoming agricultural land while held by a foreign person Another event is that land becomes agricultural land while a foreign person holds: (a) a freehold interest in the land; or (b) a right to occupy the land under a lease or licence whose term (including any extension or renewal) after the time the land Error! No text of specified style in document.Error! No text of specified style in document. Requirements to give information about foreign holdings of agricultural landPart 3 Changes in foreign holdings of agricultural landDivision 3 Section 26 Register of Foreign Ownership of Water or Agricultural Land Act 2015 15 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 becomes agricultural land is (at that time) reasonably likely to exceed 5 years. 26 Land ceasing to be agricultural land while held by a foreign person Another event is that land ceases to be agricultural land while a foreign person holds: (a) a freehold interest in the land; or (b) a right to occupy the land under a lease or licence whose term (including any extension or renewal) after the registration trigger time was (at that time) reasonably likely to exceed 5 years. Error! No text of specified style in document.Error! No text of specified style in document. Part 3Requirements to give information about foreign holdings of agricultural land Division 4Giving of notice by agents Section 27 16 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 4—Giving of notice by agents 27Requirement for executors and administrators to give notice for persons who die (1) If a person who is required by section 19 or 20 to give notice dies before giving the notice, the executor or administrator of the person’s estate must give notice in accordance with that section. (2) Subsection (1) applies even if the person dies before the commencement of section 19 or 20. 28 Requirement for corporate liquidators to give notice (1) If a person who is required by section 19 or 20 to give notice is a corporation and is wound up before giving the notice, the liquidator of the corporation must give notice in accordance with that section. (2) Subsection (1) applies even if the corporation is wound up before the commencement of section 19 or 20. 29 Agents may give notice A person required by section 19,20, 27 or 28 to give notice is taken to have complied with the requirement if someone else gives notice, in accordance with that section, on the person’s behalf. Error! No text of specified style in document.Error! No text of specified style in document. Requirements to give information about foreign holdings of agricultural landPart 3 Exemptions from requirements to give noticeDivision 5 Section 30 Register of Foreign Ownership of Water or Agricultural Land Act 2015 17 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 5—Exemptions from requirements to give notice 30 Rules may exempt from requirements to give notice The rules may provide that this Part, or specified provisions of this Part, do not apply in relation to either all persons or persons specified by the rules, either generally or in circumstances specified by the rules. Error! No text of specified style in document.Error! No text of specified style in document. Part 3ARegister of Foreign Ownership of Water Entitlements Division 5Exemptions from requirements to give notice Section 30A 18 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Part 3A—Register of Foreign Ownership of Water Entitlements 30A Simplified outline of this Part The Commissioner must keep a Register of Foreign Ownership of Water Entitlements, in 2 parts. The basic part contains information the Commissioner obtains about foreign persons’ holdings of certain water entitlements and contractual water rights. The statistical part, which must be published on a website, contains statistics derived from the information in the basic part. The Commissioner may correct and update this register. 30B Commissioner must keep this register The Commissioner must keep a Register of Foreign Ownership of Water Entitlements. 30C Parts of this register (1) The Commissioner must keep this register in 2 separate parts: (a) the basic part; and (b) the statistical part. (2) The basic part must contain: (a) all the information obtained by the Commissioner under Part 3B; and (b) any information added under section 30D; and (c) any corrections or updates of information described in paragraph (a) or (b) that are made under section 30E. Error! No text of specified style in document.Error! No text of specified style in document. Register of Foreign Ownership of Water EntitlementsPart 3A Exemptions from requirements to give noticeDivision 5 Section 30D Register of Foreign Ownership of Water or Agricultural Land Act 2015 19 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (3) The statistical part must contain statistics derived by the Commissioner from information in the basic part of this register, and any corrections or updates of those statistics. (4) The statistics in the statistical part must not identify, or be reasonably capable of being used to identify, a person. 30D Commissioner may add information to basic part of this register The Commissioner may add to the basic part of this register any information obtained by the Commissioner (other than information obtained under Part 3B) relating to: (a) the holding by a foreign person at the end of 30 November 2017 of an entitlement or right described in subsection 30H(1); or (b) an event that is described in Subdivision B of Division 3 of Part 3B and that occurs on or after 1 December 2017. Note 1: Information obtained under Part 3B must be included in the basic part of this register. Note 2: Although the information described in this section is information about matters that must be notified to the Commissioner under Part 3B, the Commissioner may obtain that information in other ways, such as by the exercise of powers under section 33 of this Act or Division 353 in Schedule 1 to the Taxation Administration Act 1953. 30E Commissioner may correct or update information in this register The Commissioner may correct or update information in the basic part, or the statistical part, of this register. 30F Statistical part of this register to be published on website The Commissioner must publish on a website the statistical part of this register. Error! No text of specified style in document.Error! No text of specified style in document. Part 3BRequirements to give information about foreign holdings of water entitlements Division 1Simplified outline of this Part Section 30G 20 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Part 3B—Requirements to give information about foreign holdings of water entitlements Division 1—Simplified outline of this Part 30G Simplified outline of this Part Foreign persons who will hold, or who hold, certain water entitlements or contractual water rights at the end of 30 November 2017 must give the Commissioner notice of those holdings. If an event occurs on or after 1 December 2017 causing such entitlements or rights to start or cease to be held by a particular foreign person, the person must give the Commissioner notice of the event. Such notices must be given annually. If a person required to give notice dies or is wound up before doing so, the person’s executor or liquidator must give the notice. An agent may give notice for a person. The rules may provide for exemptions from these requirements. Error! No text of specified style in document.Error! No text of specified style in document. Requirements to give information about foreign holdings of water entitlementsPart 3B Foreign holdings of water entitlements or contractual water rights on 30 November 2017Division 2 Section 30H Register of Foreign Ownership of Water or Agricultural Land Act 2015 21 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 2—Foreign holdings of water entitlements or contractual water rights on 30 November 2017 30H Notification of foreign persons’ holdings of water entitlements or contractual water rights as on 30 November 2017 (1) This section applies if a foreign person will hold, or holds, either of the following at the end of 30 November 2017: (a) a registrable water entitlement; (b) a contractual water right under a contract whose remaining term (including any extension or renewal) is (at the end of 30 November 2017) reasonably likely to exceed 5 years. (2) The person must give notice of the holding to the Commissioner in the approved form during the period: (a) starting on 1 July 2017; and (b) ending on the later of: (i) 30 November 2017; and (ii) the 30th day after the day the person starts to hold that entitlement or right. Note 1: Subdivision 388-B in Schedule 1 to the Taxation Administration Act 1953 contains rules about giving notices in the approved form. Subdivision 286-C in that Schedule provides for an administrative penalty for failure to give notice in the approved form on time. Note 2: Division 4 requires or permits other persons to give notice of the event in some cases. Note 3: The rules may provide for exemptions from requirements of this Part (see section 30U). 30J Notification of changes to these holdings that occur before 1 December 2017 If: (a) a person gives notice of a holding under section 30H; and Error! No text of specified style in document.Error! No text of specified style in document. Part 3BRequirements to give information about foreign holdings of water entitlements Division 2Foreign holdings of water entitlements or contractual water rights on 30 November 2017 Section 30J 22 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (b) an event of a kind described in section 30M, 30P or 30Q occurs in relation to the holding before 1 December 2017; the person must give the Commissioner notice, in the approved form, of the event before the later of: (c) 1 December 2017; and (d) the end of 30 days after the occurrence of the event. Error! No text of specified style in document.Error! No text of specified style in document. Requirements to give information about foreign holdings of water entitlementsPart 3B Changes in foreign holdings of water entitlements or contractual water rightsDivision 3 Section 30K Register of Foreign Ownership of Water or Agricultural Land Act 2015 23 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 3—Changes in foreign holdings of water entitlements or contractual water rights Subdivision A—Requirement to notify of events affecting foreign holding of these entitlements or rights 30K Notification of changes of foreign persons’ holdings of water entitlements or contractual water rights (1) A person must give the Commissioner notice, in the approved form, of the events described in Subdivision B that: (a) involve the person; and (b) occur during a financial year; and (c) relate to a registrable water entitlement or a contractual water right. The person must do so before the end of 30 days after the end of the financial year. Note 1: Subdivision 388-B in Schedule 1 to the Taxation Administration Act 1953 contains rules about giving notices in the approved form. Subdivision 286-C in that Schedule provides for an administrative penalty for failure to give notice in the approved form on time. Note 2: If the person’s notice misses an event occurring during the financial year, a further notice will need to be given. Note 3: Division 4 requires or permits other persons to give notice of the events in some cases. Note 4: The rules may provide for exemptions from requirements of this Part (see section 30U). (2) Subsection (1) applies to: (a) the period starting on 1 December 2017 and ending on 30 June 2018 as if that period were a financial year; and (b) the 2018-19 financial year and each later financial year. Exceptions (3) Subsection (1) does not apply to: Error! No text of specified style in document.Error! No text of specified style in document. Part 3BRequirements to give information about foreign holdings of water entitlements Division 3Changes in foreign holdings of water entitlements or contractual water rights Section 30L 24 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (a) a person if the person is not a foreign person: (i) at the end of the financial year; and (ii) at the end of the previous financial year; or (b) an entitlement or right if the person does not hold the entitlement or right: (i) at the end of the financial year; and (ii) at the end of the previous financial year. Subdivision B—Events that must be notified 30L Foreign person starting to hold a water entitlement or contractual water right One event is that a foreign person starts to hold: (a) a registrable water entitlement; or (b) a contractual water right under a contract whose term (including any extension or renewal) after the person starts to hold the right is reasonably likely to exceed 5 years. 30M Foreign person ceasing to hold a water entitlement or contractual water right Another event is that a foreign person ceases to hold: (a) a registrable water entitlement; or (b) a contractual water right under a contract whose term (including any extension or renewal) after the registration trigger time was (at that time) reasonably likely to exceed 5 years. 30N Becoming a foreign person while holding a water entitlement or contractual water right Another event is that a person becomes a foreign person while holding: (a) a registrable water entitlement; or Error! 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Requirements to give information about foreign holdings of water entitlementsPart 3B Changes in foreign holdings of water entitlements or contractual water rightsDivision 3 Section 30P Register of Foreign Ownership of Water or Agricultural Land Act 2015 25 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (b) a contractual water right under a contract whose term (including any extension or renewal) after the person becomes a foreign person is reasonably likely to exceed 5 years. 30P Ceasing to be a foreign person while holding a water entitlement or contractual water right Another event is that a person ceases to be a foreign person while holding: (a) a registrable water entitlement; or (b) a contractual water right under a contract whose term (including any extension or renewal) after the registration trigger time was (at that time) reasonably likely to exceed 5 years. 30Q Change to certain characteristics of a water entitlement or contractual water right Another event is a change to the volume of water, or to the share of a water resource, referred to in either of the following rights held by a foreign person: (a) a registrable water entitlement; (b) a contractual water right under a contract whose term (including any extension or renewal) after the registration trigger time was (at that time) reasonably likely to exceed 5 years. 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Part 3BRequirements to give information about foreign holdings of water entitlements Division 4Giving of notice by agents Section 30R 26 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 4—Giving of notice by agents 30R Requirement for executors and administrators to give notice for persons who die If a person who is required by section 30H, 30J or 30K to give notice dies before giving the notice, the executor or administrator of the person’s estate must give notice in accordance with that section. 30S Requirement for corporate liquidators to give notice If a person who is required by section 30H, 30J or 30K to give notice is a corporation and is wound up before giving the notice, the liquidator of the corporation must give notice in accordance with that section. 30T Agents may give notice A person required by section 30H, 30J, 30K, 30R or 30S to give notice is taken to have complied with the requirement if someone else gives notice, in accordance with that section, on the person’s behalf. Error! No text of specified style in document.Error! No text of specified style in document. Requirements to give information about foreign holdings of water entitlementsPart 3B Exemptions from requirements to give noticeDivision 5 Section 30U Register of Foreign Ownership of Water or Agricultural Land Act 2015 27 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Division 5—Exemptions from requirements to give notice 30U Rules may exempt from requirements to give notice The rules may provide that this Part, or specified provisions of this Part, do not apply in relation to either all persons or persons specified by the rules, either generally or in circumstances specified by the rules. Error! No text of specified style in document.Error! No text of specified style in document. Part 4Miscellaneous Division 5Exemptions from requirements to give notice Section 31 28 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Part 4—Miscellaneous 31 Simplified outline of this Part The Commissioner has the general administration of this Act, so it is a taxation law for the purposes of the Taxation Administration Act 1953, which contains various supplementary provisions. The Commissioner may request a person to give information from outside Australia that is relevant to the person’s compliance with Part 3 or 3B. The Commissioner must give the Minister periodic reports, at least annually, for presentation to Parliament. The Minister may make rules for the purposes of this Act. 32 Commissioner has the general administration of this Act The Commissioner has the general administration of this Act. Note: This Act is therefore a taxation law for the purposes of the Taxation Administration Act 1953 (among other laws). That Act contains a wide range of provisions about gathering, protecting and dealing with information, the exercise of powers and the performance of functions, under taxation laws, and the enforcement of taxation laws. 33 Offshore information notices for persons who may have obligations under Part 3 or Part 3B For the purposes of this Act, Subdivision 353-B in Schedule 1 to the Taxation Administration Act 1953 applies as if a reference in that Subdivision to an assessment of tax-related liability of a person were a reference to the determination of either or both of the following: Error! No text of specified style in document.Error! No text of specified style in document. MiscellaneousPart 4 Exemptions from requirements to give noticeDivision 5 Section 34 Register of Foreign Ownership of Water or Agricultural Land Act 2015 29 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (a) whether a person has or had an obligation under Part 3 or 3B of this Act; (b) whether a person has complied with an obligation the person has or had under Part 3 or 3B of this Act. Note 1: Subdivision 353-B in Schedule 1 to the Taxation Administration Act 1953: (a) lets the Commissioner give a person an offshore information notice requesting the person to give the Commissioner information, or a document, that is outside Australia and that the Commissioner believes is relevant to an assessment of the person; and (b) sets out the consequences if the person does not comply with the request. Note 2: Subdivision 353-A in Schedule 1 to the Taxation Administration Act 1953 also gives the Commissioner power to require a person to give the Commissioner information or documents for the administration of this Act. 34Periodic report (1) The Commissioner must give the Minister, for presentation to the Parliament, a report that: (a) is on the operation of this Act; and (b) includes statistics derived by the Commissioner from: (i) information in the basic part of the Register of Foreign Ownership of Agricultural Land kept under section 13; and (ii) information in the basic part of the Register of Foreign Ownership of Water Entitlements kept under section 30B. (2) The Commissioner must do so as soon as practicable after: (a) each 30 June in a year; or (b) each occurrence in a year of a date prescribed by the rules. Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about periodic reports. Error! No text of specified style in document.Error! No text of specified style in document. Part 4Miscellaneous Division 5Exemptions from requirements to give notice Section 34A 30 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 34A Productivity Commission inquiry—Parts 3A and 3B (1) Before the end of the period of 3 years after the commencement of this section, the Minister administering the Productivity Commission Act 1998 (the Productivity Minister) must, under paragraph 6(1)(a) of that Act, refer to the Productivity Commission for inquiry the matter of the effectiveness of the scheme set out in Parts 3A and 3B of this Act, including an assessment of the costs and benefits of that scheme. (2) In referring the matter to the Productivity Commission for inquiry, the Productivity Minister must: (a) under paragraph 11(1)(b) of the Productivity Commission Act 1998, specify that the Productivity Commission must submit its report on the inquiry to the Productivity Minister within 5 years of the commencement of this section; and (b) under paragraph 11(1)(d) of that Act, require the Productivity Commission to make recommendations in relation to the matter. Note: Under section 12 of the Productivity Commission Act 1998, the Productivity Minister must cause a copy of the Productivity Commission’s report to be tabled in each House of the Parliament. (3) For the purposes of paragraph 6(1)(a) of the Productivity Commission Act 1998, the matter mentioned in subsection (1) of this section is taken to be a matter relating to industry, industry development and productivity. 35 Rules (1) The Minister may, by legislative instrument, make rules prescribing matters: (a) required or permitted by this Act to be prescribed by the rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) To avoid doubt, the rules may not do the following: Error! No text of specified style in document.Error! No text of specified style in document. MiscellaneousPart 4 Exemptions from requirements to give noticeDivision 5 Section 35 Register of Foreign Ownership of Water or Agricultural Land Act 2015 31 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Act. Endnotes Endnote 1—About the endnotes 32 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can Endnotes Endnote 1—About the endnotes Register of Foreign Ownership of Water or Agricultural Land Act 2015 33 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. Endnotes Endnote 2—Abbreviation key 34 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnotes Endnote 3—Legislation history Register of Foreign Ownership of Water or Agricultural Land Act 2015 35 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Register of Foreign Ownership of Agricultural Land Act 2015 151, 2015 25 Nov 2015 1 Dec 2015(s 2(1) item 1) Foreign Acquisitions and Takeovers Legislation Amendment Act 2015 150, 2015 25 Nov 2015 Sch 5 (items 1, 2): 1 Dec 2015 (s 2(1) item 5) — Register of Foreign Ownership of Agricultural Land Amendment (Water) Act 2016 96, 2016 7 Dec 2016 Sch 1(items 1–34, 34 (2nd occurring)): 7 Dec 2016 (s 2(1)) Sch 1 (item 34(1st occurring)) Treasury Laws Amendment (2018 Measures No. 4) Act 2019 8, 2019 1 Mar 2019 Sch 8 (item 15): 1 Apr 2019 (s 2(1) item 11) — Endnotes Endnote 4—Amendment history 36 Register of Foreign Ownership of Water or Agricultural Land Act 2015 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Endnote 4—Amendment history Provision affected How affected Title ............................................... am No 96, 2016 Part 1 s 1 .................................................. am No 96, 2016 s 3 .................................................. rs No 96, 2016 s 4 .................................................. am No 96, 2016 s 5A ............................................... ad No 96, 2016 s 6A ............................................... ad No 96, 2016 s 11 ................................................ am No 96, 2016 Part 2 Part 2 heading ................................ rs No 96, 2016 s 12 ................................................ am No 96, 2016 s 13 ................................................ am No 96, 2016 s 14 ................................................ am No 96, 2016 s 15 ................................................ am No 96, 2016 s 16 ................................................ am No 96, 2016 s 17 ................................................ am No 96, 2016 Part 3A Part 3A ........................................... ad No 96, 2016 s 30A ............................................. ad No 96, 2016 s 30B .............................................. ad No 96, 2016 s 30C .............................................. ad No 96, 2016 s 30D ............................................. ad No 96, 2016 s 30E .............................................. ad No 96, 2016 s 30F .............................................. ad No 96, 2016 Part 3B Part 3B ........................................... ad No 96, 2016 Division 1 s 30G ............................................. ad No 96, 2016 Endnotes Endnote 4—Amendment history Register of Foreign Ownership of Water or Agricultural Land Act 2015 37 Compilation No. 3 Compilation date: 30/3/19 Registered: 11/4/19 Provision affected How affected Division 2 s 30H ............................................. ad No 96, 2016 s 30J ............................................... ad No 96, 2016 Division 3 Subdivision A s 30K ............................................. ad No 96, 2016 Subdivision B s 30L .............................................. ad No 96, 2016 s 30M ............................................. ad No 96, 2016 s 30N ............................................. ad No 96, 2016 s 30P .............................................. ad No 96, 2016 s 30Q ............................................. ad No 96, 2016 Division 4 s 30R .............................................. ad No 96, 2016 s 30S .............................................. ad No 96, 2016 s 30T .............................................. ad No 96, 2016 Division 5 s 30U ............................................. ad No 96, 2016 Part 4 s 31 ................................................ am No 150, 2015; No 96, 2016 s 33 ................................................ am No 96, 2016 rs No 8, 2019 s 34 ................................................ am No 96, 2016 s 34A ............................................. ad No 150, 2015 rs No 96, 2016