Principles for developing conditions

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

  • facilitate foreign investment
  • protect the national interest and national security
  • balance regulatory burden with compliance assurance outcomes.

The Treasurer may impose conditions as part of allowing foreign investment to occur while at the same time managing any associated risks to the national interest or national security.

These conditions may be imposed in the no objection notification or exemption certificate the investor receives, as a result of screening the foreign investor’s proposed actions using the national interest or national security test (that is, whichever test would be relevant for the actions).

In developing these conditions, the Treasurer works within a set of guiding principles. This Guide explains these principles.

Guidance Note 11: Protecting the national interest: guiding principles for developing conditions

Overview

A: The National Interest Test
 
B: Conditions
 
C: Guiding principles
 
D: Regulatory Approach – how are conditions used?
 
E: Types of conditions
 
F: Further information
 

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