Guidance

Guidance note
3

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.

Types of investments
Guidance note
7

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.

Types of investments
Guidance note
4

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.

Types of investments
Guidance note
13

Compliance reporting

Generally, you will need to report on your compliance with the conditions attached to your no objection notification or exemption certificate.

Conditions and reporting

Doing business in Australia

When doing business in Australia you need to understand and abide by Australia’s regulatory environment and requirements.

General
Guidance note
9

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.

Types of investments
Guidance note
10

Fees

You will need to pay a fee when you notify an investment proposal or apply for an exemption certificate.

The fee will generally depend on the value and kind of investment that you propose.

General
Guidance note
2

Key concepts

Foreign investors

Foreign investors can be:

General
Guidance note
5

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.

Types of investments

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.

General
Guidance note
8

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.

Types of investments
Guidance note
1

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:

General
Guidance note
11

Principles for developing conditions

The imposition of conditions on foreign investment proposals is guided by the need to:

Conditions and reporting
Guidance note
15

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.

Conditions and reporting
Guidance note
14

Residential compliance

Foreign investors are generally required to submit a foreign investment proposal before acquiring an interest in residential land, regardless of its value.

Conditions and reporting
Guidance note
6

Residential land

Generally foreign investors will need to notify the Australian Taxation Office before acquiring residential land, regardless of value.

Types of investments
Guidance note
12

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.

Conditions and reporting