Overseas Investment Act 2005

If you need more information about this Act, please contact the administering agency: The Treasury
40 Regulator may require person to provide statutory declaration as to compliance


The regulator may, by notice in writing, require a person (A) who is required to comply with a term or condition of a consent, an exemption, an exemption certificate, a direction order, an interim direction order, a prohibition order, or a disposal order to provide the regulator with a statutory declaration verifying—


the extent to which A has complied with the term or condition; and


if A is in breach of a term or condition, the reasons for the breach and the steps that A intends to take to remedy the breach.


A must provide the declaration—


within the time, and in the manner, specified in the notice; or


if the notice specifies that A must provide the declaration at intervals, at those intervals.


A declaration that is made under this section is not admissible in evidence in any proceedings under this Act except proceedings under section 46.

Section 40: replaced, on 22 October 2018, by section 33 of the Overseas Investment Amendment Act 2018 (2018 No 25).

Section 40 heading: amended, on 16 June 2020, by section 28(1) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).

Section 40(1): replaced, on 16 June 2020, by section 28(2) of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).