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.
|
Investor |
Action |
Threshold – more than: |
|
All investors |
National security land |
$0 |
|
Residential land |
$0 |
|
|
Vacant commercial land |
$0 |
|
|
Private investors from certain FTA partners1 |
Agricultural land |
For Chile, New Zealand, and the United States, $1,339 million |
|
Others, $15 million (cumulative) |
||
|
Developed commercial land |
$1,339 million2 |
|
|
Mining and production tenements |
For Chile, New Zealand, and the United States, $1,339 million |
|
|
Others, $0 |
||
|
Private investors not from a certain FTA partner |
Agricultural land |
For Thailand, $50 million |
|
Others, $15 million (cumulative) |
||
|
Developed commercial land |
$310 million |
|
|
Where the land is sensitive3, $67 million |
||
|
For India, non-sensitive land for the supply of services, $500 million4 |
||
|
Mining and production tenements |
$0 |
|
|
Foreign government investors |
All investments |
$0 |
|
Investor |
Action |
Threshold – more than: |
|
All investors |
National security businesses |
$0 |
|
Australian media businesses |
$0 |
|
|
Private investors from certain FTA partners5 |
Non‑sensitive businesses |
$1,339 million |
|
Sensitive businesses6 |
$310 million |
|
|
Agribusinesses |
For Chile, New Zealand, and the United States, $1,339 million |
|
|
Others, $67 million (cumulative) |
||
|
Private investors not from a certain FTA partner |
Businesses (sensitive and non-sensitive) |
$310 million |
|
Agribusinesses |
$67 million (cumulative) |
|
|
Service businesses (non‑sensitive) |
For India, $500 million7 |
|
|
Foreign government investors |
All investments |
$08 |
1 The certain FTA partners are: Chile, China, Hong Kong, Japan, New Zealand, Peru, Singapore, the Republic of Korea, the United States of America, the United Kingdom and any other countries not otherwise listed (other than Australia) for which the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership (CPTPP), done at Santiago on 8 March 2018, is in force (i.e. Canada, Mexico, Malaysia and Vietnam). To be eligible for these thresholds, the immediate acquirer must be an entity formed in one of these countries. An investor acquiring through a subsidiary incorporated in another jurisdiction will be subject to the relevant thresholds of the subsidiary’s jurisdiction.
2 For Hong Kong and Peruvian investors however, where developed commercial land is also sensitive land (see subsections 52(5) and 52(6) of the Foreign Acquisitions and Takeovers Regulation 2015), a threshold of $67 million will apply.
3 Sensitive developed commercial land (see subsection 52(6) of the Foreign Acquisitions and Takeovers Regulation 2015) includes: mines and critical infrastructure (for example, an airport or port).
4 This applies to developed commercial land acquired predominantly for the supply of a service through a commercial presence in Australia (see subsection 52(5), table item 3A of the Foreign Acquisitions and Takeovers Regulation 2015 [commenced 29 December 2022])
5 The certain FTA partners are: Chile, China, Hong Kong, Japan, New Zealand, Peru, Singapore, the Republic of Korea, the United States of America, the United Kingdom and any other countries not otherwise listed (other than Australia) for which the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership (CPTPP), done at Santiago on 8 March 2018, is in force (i.e. Canada, Mexico, Malaysia and Vietnam). To be eligible for these thresholds, the immediate acquirer must be an entity formed in one of these countries. An investor acquiring through a subsidiary incorporated in another jurisdiction will be subject to the relevant thresholds of the subsidiary’s jurisdiction.
6 Sensitive businesses (see section 22 of the Foreign Acquisitions and Takeovers Regulation 2015) include: media; telecommunications; transport; defence and military related industries and activities; encryption and securities technologies and communications systems; and the extraction of uranium or plutonium; or the operation of nuclear facilities.
7 See subsections 51(2) and 51(3) of the Foreign Acquisitions and Takeovers Regulation 2015 [commenced 29 December 2022]
8 Some limited exceptions to this rule apply (see section 56 of the Foreign Acquisitions and Takeovers Regulation 2015).