News

Private investors from the United Kingdom will be subject to higher monetary screening thresholds for certain investments under the foreign investment framework when the Australia‑United Kingdom Free Trade Agreement (A‑UKFTA) entered into force on 31 May 2023.

The Treasury has published the second Quarterly Report on Foreign Investment in Australia. The report sets out key performance data concerning the operation of Australia’s foreign investment regulatory framework.

The Foreign Acquisitions and Takeovers Act 1975 establishes a regime for the notification, review and approval of foreign investment in Australia. The Register of Foreign Ownership of Australian Assets is established by Part 7A of the Act and will be an integral part of Australia’s foreign investment review framework.

Since 1 January 2021, all foreign persons who are given a No Objection Notification or Exemption Certificate have been required (under sections 98C, 98D or 98E of the Foreign Acquisitions and Takeovers Act 1975) to notify Treasury no later than 30 days after taking each specified action. More detailed information regarding the reporting of actions is available.

On 1 January 2023, the maximum financial penalties for contraventions of provisions in the Foreign Acquisitions and Takeovers Act 1975 that relate solely to residential land were doubled.

The monetary screening thresholds under the foreign investment framework are indexed on 1 January 2023. View the updated thresholds.

The Treasury has published the first quarterly report on regulation of foreign investment in Australia. The report sets out key performance data concerning the operation of Australia’s foreign investment regulatory framework.

The Treasury will publish a quarterly report after the end of the relevant quarter, and annual reporting information will be set out in the Treasury’s Annual Report.

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The Treasury and the Australian Taxation Office will close on the afternoon of Friday 23 December and re‑open at 9.00 am Tuesday 3 January 2023. Foreign Investment applications will not be processed during this shutdown period.

Applications received after Wednesday 30 November 2022 may not be processed before the Christmas/New Year holiday period. Case officers may contact you directly to discuss options if an application is expected to be finalised in the new year.

On Monday 21 November 2022 Mr Bruce Miller AO, the Chair of the Foreign Investment Review Board, delivered a speech to the Australian Financial Review’s 2022 Infrastructure Summit. Mr Miller spoke on the importance of foreign investment for building Australian infrastructure, with particular regard to meeting the demands of Australia’s ongoing energy transition.

The Register, which is maintained by the Australian Taxation Office (ATO), has been established to provide greater transparency about levels of foreign investment in residential real estate in Australia.

On 22 July 2022, the Treasurer announced that foreign investment fees would double from 29 July 2022.

The Treasurer has announced that foreign investment fees will be doubled from 29 July 2022.

Our digital transformation program, aimed at modernising the way foreign investment is managed and regulated, is in the design and delivery phase. During this phase, we are consulting with investors and agents to help us design a system which is efficient and accessible. (Note – our system deals with business investment, not residential real estate).

Foreign investment application fees have been indexed for the 2022‑23 year. Revised fees will apply to applications made and notices given as of 1 July 2022. The fee schedule and further information on the application of fees is provided in Guidance 10.