You may be required to submit an investment proposal for review if you plan to acquire the following commercial assets:
Substantial interest in an entity or an Australian business
- A substantial interest (typically at least 20 percent) in a general Australian business, corporation, or trust—the monetary threshold is:
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- $310 million for most entity or business investments
- $1,339 million for private investors from certain free trade agreement countries
- $310 million for private investors from free trade agreement countries investing in sensitive businesses
- $0 for foreign government investors. This may exclude certain governments and their business activities.
Direct interest in an agribusiness
- A direct interest (generally at least 10 per cent, or a position of control) in an agribusiness —the monetary threshold is:
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- $0 for foreign government investors
- $67 million (cumulative) for private investors.
Australian media business
- A direct interest (generally at least 10 per cent, or a position of control) in an Australian media business, regardless of value.
National security business
- A direct interest (generally at least 10 per cent, or a position of control) in a national security business, regardless of value.
Starting an Australian business
- If you are a foreign government investor, you will also need to notify us if you:
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- are starting an Australian business (including starting a national security business), or
- already carry on an Australian business but the business starts a new and different activity.
(Received from the Department of The Treasury: Foreign Investment Information, Commercial Acquisitions)
Disclaimer: This publication contains comments of a general and introductory nature only and is provided as an information service. It is not intended to be relied upon as, nor is it a substitute for specific professional legal advice. You should always speak to us and obtain legal advice before taking any action relating to matters raised in this publication.
