Guidance
Agricultural land
Generally, you will need to notify the Treasurer of your proposed agricultural land investment if the cumulative monetary threshold of $15 million is met.
Business investments
Foreign investors are generally required to notify the Treasurer before acquiring interests in securities or assets, or taking other actions in relation to corporations, unit trusts and businesses that have a connection to Australia.
Commercial land
Foreign investors are generally required to notify the Treasurer before acquiring an interest in commercial land, where the value of that investment is above a certain monetary threshold.
Compliance reporting
Generally, you will need to report on your compliance with the conditions attached to your no objection notification or exemption certificate.
Doing business in Australia
When doing business in Australia you need to understand and abide by Australia’s regulatory environment and requirements.
Exemption certificates
Exemption certificates are intended to reduce regulatory burden for foreign investors.
An exemption certificate enables you to obtain up‑front acceptance for a program of lower‑risk investments over time, so you will not have to notify an investment proposal for each investment.
Fees
The Fees Guidance Note was updated to reflect the indexation of fee amounts that occurred on 1 July 2024.
Mining
Foreign investors are generally required to notify the Treasurer before acquiring an interest in a tenement or the underlying land used to carry on a mining operation.
Monetary thresholds
Monetary thresholds are indexed annually on 1 January, except for the more than $15 million (cumulative) threshold for agricultural land and the more than $50 million threshold for agricultural land for Thailand investors, which are not indexed.
National security
Australia continues to welcome and remains an attractive destination for foreign investment. However, risks to Australia’s national interest, particularly national security, have increased.
Overview
The Overview guidance note provides foreign investors with an overview of the rules that underpin Australia’s foreign investment framework, and how those rules are applied. It may assist foreign investors to decide:
Principles for developing conditions
The imposition of conditions on foreign investment proposals is guided by the need to:
Register of foreign ownership of Australian assets
Foreign persons must give notice of certain actions relating to Australian land, water, entities, businesses and other assets to the Registrar of the Register of Foreign Ownership of Australian Assets.
Residential compliance
Foreign investors are generally required to submit a foreign investment proposal before acquiring an interest in residential land, regardless of its value.
Residential land
Generally foreign investors will need to notify the Australian Taxation Office before acquiring residential land, regardless of value.
Tax conditions
We consider the effects of foreign investment on the tax system as part of the national interest test.
This includes the potential impact of an action on Australian tax revenues and the integrity of the tax system.