Foreign persons can be required to obtain approval under Australia's foreign investment framework, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). However, the purchase of a local firm by a foreign company can always be refused by the controlling authority, on the grounds that it would be contrary to national interests. From 30 March 2020, temporarily, proposed foreign investments into Australia which previously did not require Foreign Investment Review Board (FIRB) approval because the value of the transaction/target was below an applicable monetary threshold will now require FIRB approval, regardless of the nature of the foreign investor.
The agency for the promotion of foreign investment in the country gives information about the authorisations necessary for setting up business in Australia. Some investments must be declared to the FIRB. These include acquisitions, substantial acquisitions of holdings, and taking control of Australian companies whose assets are valued at more than AUD 50 million; the creation or setting up of a new business when it goes over AUD 10 million (over AUD 100 million of investment the FIRB will make a detailed study) and direct investments carried out by foreign governments. The applications, related to foreign investment in an Australian business, agricultural land or sensitive commercial land will be processed by the Treasury. While the applications concerning foreign investment in residential real estate or non-sensitive commercial land, as well as non-sensitive internal reorganisations, will be processed by the Australian Taxation Office.
Sensitive sectors in which FDI proposals are subject to special scrutiny include real estate, civil aviation, television broadcasting, mass circulation newspapers and telecommunications. In many of these sectors restrictions on FDI have been relaxed in recent years so that actual levels of foreign ownership and control have increased. The FIRB can provide details.
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