Key Concepts

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The Key Concepts guidance note was compiled to provide information on the principles under Australia’s foreign investment law and supports the other Guidance Notes on the FIRB website.

Please note, fee amounts included in this Guidance Note incorporate the new fee structure that commenced on 29 July 2022.

Within this guidance note you will find further information on the topics below:

  • Who is a foreign person, foreign government investor (FGI) and associate?
  • Meaning of ‘direct interest’, ‘substantial interest’ and related concepts
  • Meaning of ‘land’, ‘Australian land’ and ‘interest in Australian land’
  • Meaning of ‘change in control’
  • Meaning of ‘interests acquired by entering agreements or acquiring options’ – section 15 of the Act
  • Significant actions and notifiable actions
  • Notifiable national security actions and reviewable national security actions
  • Tracing of substantial interests
  • Calculating consideration, asset values and issued securities values
  • Time limits and extensions
  • No objections notifications
  • Variations
  • Orders in relation to significant actions, notifiable national security actions or reviewable national security actions
  • Determining the type of land
  • Mixed use land
  • Agreements for lease and leases
  • Subdivision or amalgamation of land
  • Overview of exemptions
  • Moneylending exemption