Criteria for consent

14 Approach to criteria for consent

(1)

The relevant Minister or Ministers, in considering whether or not to grant consent to an overseas investment transaction,—

(a)

must have regard to only the criteria and factors that apply to the relevant category of overseas investment under this subpart (subject to this section); and

(b)

may consult with any other person or persons, as the Minister or Ministers think appropriate; and

(c)

must grant consent if satisfied that all of the criteria in section 16 or section 18 (as the case may be) are met; and

(d)

must decline to grant consent if not satisfied that all of the criteria in section 16 or section 18 are met.

(2)

For a transaction that is in more than 1 category of overseas investment, the relevant Ministers must have regard to the criteria that apply to all of the relevant categories.

(3)

However, if the criteria are the same, the relevant Ministers only need to consider the same criteria once (and not consider them under each relevant category).