Acquisition of Assets or Shares

The types of proposals in this category, which should be notified to the Government, are as follows:

• Acquisitions of interests in an existing Australian business or corporation which is valued above, or the proposal values it above, $231 million. For ‘US investors’ a threshold of $1004 million applies, except for investments in prescribed sensitive sectors where the standard $231 million threshold applies. Acquisitions of interests may include:
• acquisitions of shares (including options and other instruments which may be converted to shares) representing a substantial interest in the corporation;
• acquisitions of assets resulting in control of the business; or
• any other type of arrangement which results in control of the business/corporation;
• Takeovers of offshore companies whose Australian subsidiaries or gross assets exceed $231 million . For US investors a threshold of $1004 million applies, except for offshore takeovers involving prescribed sensitive sectors where the standard $231 million threshold applies;
• Direct Investments By Foreign Governments or their agencies irrespective of size, including proposals to establish new businesses;
• Acquisition of shares in a company or trust that is considered an Urban Land Corporation or Trust, regardless of value;
• proposals where any doubt exists as to whether they are notifiable.

This section also includes a section on Compliance Issues.