Foreign persons generally require foreign investment approval before acquiring an interest in national security land or a direct interest in a national security business or to start a national security business. Foreign persons can also voluntarily notify other investments that may pose national security risks to receive certainty from being called-in for review.
This guidance note outlines the administration of the Foreign Acquisitions and Takeovers Act 1975 (the Act) in relation to the foreign investment national security reforms that took effect on 1 January 2021. It helps investors understand the types of actions that may pose national security risks, the types of actions that are subject to mandatory notification and those actions where voluntary notification is encouraged.
Within this guidance note you will find further information on national security and the topics below:
- Mandatory notification - ‘notifiable national security actions’
- National security business
- National security land
- Acquisitions of an interest in national security land
- Securities in a land entity that holds national security land
- Call in power – ‘reviewable national security actions’
- Voluntary notification – ‘reviewable national security actions’
- National security exemption certificates
- Last resort power
- Sectoral guidance: Banking and Finance, Communications, Commercial construction contractors, Commercial real estate, Critical minerals, Critical service providers and suppliers, Critical Technologies, Defence Providers, Energy, Electricity, Gas, Liquid fuels, Energy Market Operators, Health, Higher education facilities, Information technology, data and the cloud, Nuclear, Space, Transport, and Water and sewerage