Overseas Investment Act 2005

19 Applying good character and Immigration Act 2009 criteria

(1)

For the purposes of sections 16(2)(c) and 18(1)(c), the relevant Minister or Ministers must take the following factors into account (without limitation) in assessing whether or not a person (A) is of good character:

(a)

offences or contraventions of the law by A, or by any person in which A has, or had at the time of the offence or contravention, a more than 25% ownership or control interest (whether convicted or not):

(b)

any other matter that reflects adversely on the person’s fitness to have the particular overseas investment.

(2)

For the purposes of sections 16(2)(d) and 18(1)(d), an individual is not an individual of a kind referred to in section 15 or 16 of the Immigration Act 2009 if a special direction referred to in section 17(1)(a) of that Act has been made permitting a visa or entry permission to be granted to that individual.

Section 19 heading: amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 19(1): amended, on 22 October 2018, by section 15(1) of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 19(1)(a): amended, on 16 June 2020, by section 7(3) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 19(2): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 19(2): amended, on 22 October 2018, by section 15(2) of the Overseas Investment Amendment Act 2018 (2018 No 25).