News & Analysis as of

Australia Foreign Investment FIRB

Jones Day

The Regulation of Foreign Direct Investment in Australia: Australian Treasury's Recent Facts and Figures

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The Background: The Australian Treasury has released its second quarterly report of the 2023–24 financial year covering the regulation of foreign investment in Australia during the quarter ended 31 December 2023....more

Jones Day

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

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The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more

Hogan Lovells

Strengthen and streamline - Australia sets out plans to revamp its foreign investment regime

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The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim...more

Jones Day

United States Leads the Way With Recent Foreign Investment Into Australia

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The Australian Treasury has released its first quarterly report ("Report") for the 2023-24 financial year covering the regulation of foreign investment in Australia....more

K&L Gates LLP

BTR Series Part 9—Navigating the Need for Foreign Investment Approval

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In Part 9 of this series, we take a closer look at the foreign investment considerations for build-to-rent (BTR) projects. In particular, we consider the circumstances where a foreign developer or financier would likely need...more

A&O Shearman

Managing your FIRB approval compliance obligations

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Recent changes to Australia’s foreign investment and acquisition regime have led to an increase in the regularity and scope of conditions imposed by the Treasurer on approvals granted to foreign entities investing in...more

Jones Day

Australia Foreign Investment Fees Set to Double

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The Situation: The Australian Government has doubled Foreign Investment Review Board ("FIRB") application fees payable by investors who are required to seek approval under the Foreign Investments and Takeovers Act 1975 (Cth)...more

Hogan Lovells

Security of critical infrastructure regulation expands: corporate considerations in Australia

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The second round of amendments to the Security of Critical Infrastructure Act 2018 (Cth) (SoCI Act) has now come into effect, with the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 (Bill)...more

Hogan Lovells

Foreign Investment in Australia: what you need to know

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What you need to know Under Australia’s foreign investment regime, certain types of investments by foreign private investors or foreign government investors need to be notified to, and reviewed and a statement of no objection...more

Hogan Lovells

Foreign investment in Australia’s energy and resources sector - February 2022

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This guide is intended to supplement our popular Foreign Investment in Australia guide and has been drafted with the intention of providing an overview of the specific considerations a foreign person who is seeking to make an...more

Hogan Lovells

Foreign Investment in Australia’s energy and resources sector - July 2021

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This guide is intended to supplement our popular Foreign Investment in Australia guide and has been drafted with the intention of providing an overview of the specific considerations a foreign person who is seeking to make an...more

Jones Day

Significant Changes to Australia's Foreign Investment Framework Commenced on 1 January 2021

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The Situation: The Australian government has introduced significant changes to its foreign investment review framework. The centrepiece of the changes is an enhanced review of acquisitions of property or businesses which are...more

Hogan Lovells

Major reforms to Australia’s foreign investment framework to commence on 1 January 2021

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The Australian government has introduced the most significant reforms to Australia’s foreign investment laws (the FIRB regime) in nearly 50 years. This client alert provides a high level summary of the key changes to the FIRB...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Australia

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Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...more

White & Case LLP

Australian foreign investment approval measures in response to COVID-19 and other recent Australian foreign investment approval...

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In late March, the Treasurer of Australia announced temporary changes to Australia's foreign investment review framework in response to the COVID-19 crisis. The new measures lowered the monetary screening thresholds for...more

Jones Day

COVID-19 and Australia's Foreign Investment Regime

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The Situation: The Australian Government has temporarily reduced the monetary thresholds under the Foreign Investments and Takeovers Act 1975 (Cth) ("the Act")?which had long been in place to exempt some foreign investment...more

K&L Gates LLP

COVID-19: (Australia) Changes to the Foreign Investment Review Board Approval Process

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*This information is accurate as of 7.00 pm Monday 30 March 2020 and is subject to change as this situation evolves. In light of the current global circumstances due to the COVID-19 pandemic, the Australian Government has...more

K&L Gates LLP

Doing Business in Australia

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Our comprehensive Guide to Doing Business in Australia, developed from the experience of our lawyers across our four key markets in Brisbane, Melbourne, Perth and Sydney, explores the many legal and regulatory factors to...more

Jones Day

Australian Taxation Office Increases Scrutiny of Australian Inbound Investments

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The Situation: The Australian Taxation Office ("ATO") has broadened its role in the process for reviewing foreign investment proposals, through closer engagement with foreign investors pursuing acquisitions, mergers and...more

Jones Day

Jones Day Talks: Doing Deals Down Under: Australia's Foreign Direct Investment Regime

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Like many countries, Australia is taking a careful look at proposed investments by foreign entities, particularly when certain sensitive industries or a government agency are involved. Jones Day's Mark Crean, Ingrid...more

Jones Day

Australian Government Further Tightens FIRB Controls, Now Over Critical Electricity Assets

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In early 2016, the Australian Government announced the introduction of new standard tax conditions and appeared to indicate that the conditions would be applied universally to all foreign investment approvals. Later that...more

Jones Day

Australian Government Tries to "Level the Playing Field" for Purchases of Agricultural Land

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On 1 February 2018, the Treasurer of Australia announced that going forward, foreign persons seeking approval for the acquisition of Australian agricultural land will, in the absence of exceptional circumstances, need to...more

K&L Gates LLP

Foreign Investor Surcharges Illustrate Lack of Harmonisation in State Tax Policy

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In the 17th century the French politician Jean-Baptise Colbert said "the art of taxation consists in so plucking the goose as to procure the largest quantity of feathers with the least possible amount of hissing." For the...more

K&L Gates LLP

Competition Law: Merger Clearance in Australia

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Australia has a voluntary premerger notification regime, administered by a well-resourced and proactive antitrust authority, the Australian Competition and Consumer Commission (the ACCC). The ACCC's Merger Guidelines...more

K&L Gates LLP

Infrastructure Reforms in 2016 – Pulling in the Same Direction?

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Looking to kick-start lacklustre economic growth, Australian Governments routinely consider infrastructure funding and reform to be a headline-grabbing opportunity to demonstrate their pro-active "nation-building"...more

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