As part of the foreign investment reforms, from 1 July 2023 the Australian Taxation Office (ATO) commenced administering the Register of Foreign Ownership of Australian Assets (the Register).
The Register replaces a suite of existing registers including registers relating to agricultural and residential land, and water interests.
The Register provides the government with improved visibility of foreign investments made in Australia.
Investors with a no objection notification or an exemption certificate
The launch of the new Register impacts investors with a no objection notification (NON) or an exemption certificate (EC).
Investors continue to be required to notify the Australian Government of the actions specified on the NON and EC, however the process for notifying the government has changed.
Notification of actions
The changed process applies to all actions notified on or after 1 July 2023, regardless of when the action was taken.
Investors may have obligations to give a register notice for inclusion on the Register. To notify an action (manage your registration obligations) from 1 July 2023 you must first login to Online services for foreign investors using myGovID.
If you have any questions about your obligations under the Register, please contact the ATO.
Investors who are not required to give notice for inclusion on the Register may have notification requirements under sections 98C, 98D and 98E of the Foreign Acquisitions and Takeovers Act 1975 (FATA), regardless of whether conditions have been imposed on your NON or EC. You can give any required notification to the Treasurer by email to firstname.lastname@example.org.
The notification to the Treasurer must include this spreadsheet [XLS 120KB], with sufficient detail in all relevant fields. You must follow the instructions included in the spreadsheet. All compulsory fields must be completed for each action. You must meet all requirements set out within the FATA, such as providing the notification within the prescribed timeframe.
If you have any questions about your obligations under sections 98C, 98D or 98E of the FATA please email Treasury at email@example.com.