Foreign Acquisitions and Takeovers Act Reporting. If: the Operator receives a notice from or on behalf of the Treasurer of the Commonwealth of Australia under the Foreign Acquisitions and Takeovers Act 1975 (Cth) which provides that the relevant Government Agency has approved an application made by Operator in respect of the Project and that approval is subject to certain conditions that may apply to either the Operator or the Project; or there is a change to, or satisfaction of such conditions referred to under clause 32.6(a)(i), the Operator must notify the Commonwealth within 5 Business Days after receiving such notice under clause 32.6(a)(i) or of such occurrence under clause 32.6(a)(ii). The Operator must notify the Commonwealth within 5 Business Days after becoming aware of any breach of such conditions notified under 32.6(a). [Drafting Note: the shortlisted Proponent must notify the Commonwealth in its Financial Value Bid Form for Stage B of the Tender Process whether or not it or the Project is subject to the Foreign Acquisitions and Takeovers Act 1975 (Cth).] Assurances Each report issued under clauses 32.1, 32.2, 32.3 and 32.4 and, if requested by the Commonwealth, any notice provided pursuant to clause 32.1, 32.2, 32.3 and 32.6 and any further information provided by Operator pursuant to clause 32.8, must be certified by a director of the Operator to be: true and fair statements; and compliant with this Agreement and any relevant accounting standards (as applicable). The Operator warrants and represents that each report issued under clauses 32.1, 32.2, 32.3 and 32.4 and any notice provided pursuant to clause 32.1, 32.2, 32.3 or 32.6 and any further information provided by Operator pursuant to clause 32.8 is true and fair. The Operator acknowledges that the provision of any false or misleading information by it under this clause 32 is a material breach of Operator’s obligations under this Agreement. Provision of further information
Foreign Acquisitions and Takeovers Act Reporting
