Foreign persons generally require foreign investment approval before acquiring interests in securities or assets, or taking other actions in relation to corporations, unit trusts or businesses that have a connection to Australia.
Foreign persons generally require foreign investment approval before acquiring a substantial interest (generally at least 20 per cent) in an Australian entity that is valued above the relevant monetary threshold. Certain acquisitions of securities or assets may require approval at a lower percentage threshold and monetary threshold (e.g. investments in national security businesses).
Where the foreign person is a foreign government investor, additional rules apply.
Guidance notes
A series of guidance notes have been developed to assist investors with understanding their obligations under Australia’s foreign investment review framework.
For business investors, the following guidance notes may be of particular interest: