The Government screens foreign investment proposals to ensure they are not contrary to Australia’s national interest.
In general, proposals to acquire an interest of 20 per cent or more in any business valued at over $261 million (or the higher threshold of $1,134 million for agreement country investors from Chile, China, Japan, Korea, Singapore, New Zealand and the United States) require prior approval.
All foreign government investors also require approval to acquire a direct interest in an Australian entity or an Australian business or to start a new Australian business, regardless of the value of the investment ($0 threshold).
The Treasurer can prohibit foreign investment proposals found to be contrary to the national interest, or can impose conditions on an investment to address national interest concerns.
Please refer to the Guidance Notes for more information.
Business exemption certificate
On 1 July 2017, the Foreign Acquisitions and Takeovers Regulation introduced the business exemption certificate for programs of acquisitions of interests in the assets of an Australian business and/or securities in an entity, including interests acquired through the business of underwriting.