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• Foreign Investment
• Who Is Required
• Which Investments Require Approval
• Commercial Real Estate
• Small Business
• Other Acquisitions
• Breaches Of The Act
• Making An Application To FIRB
• Residential Real Estate

Which Investments Require Approval

The types of proposals by which foreign interests are required to obtain approval to invest in Australia may be summarised as follows:-

• Business - acquisition of interests (including shares and other assets which may result in the control of the business) in an Australian business or corporation which is valued above or the proposal values it above $219,000,000 (except for US investors in which a threshold of $953,000,000 applies – except for investments in prescribed sensitive sectors where the standard $219,000,000 threshold applies);
• Off Shore Companies - take over of off shore companies whose Australian subsidiaries or gross assets exceed $219,000,000 (except for US investors in which a threshold of $953,000,000 applies – except for investments in prescribed sensitive sectors where the standard $219,000,000 threshold applies);
• Real Estate - acquisitions of interests in Australian real estate (including interests that arise via leases, financing and profit sharing arrangements) that involve:
• development of non-residential commercial real estate, where the property is subject to heritage listing, valued at $5,000,000 or more and the acquirer is not a US investor;
• developed non-residential commercial real estate where the property is not subject to heritage listing, valued at $50,000,000 or more or $953,000,000 for US investors;
• vacant non-residential land in respect of a value;
• residential real estate irrespective of value; or
• shares or units in Australian Urban Land Corporations or trust estates irrespective of value.

• Foreign Government - direct investments by foreign Governments and their agencies;
• Media - portfolio investments in a media sector of 5% or more and all non-portfolio investments irrespective of its size;
• proposals where any doubt exists as to whether they are notifiable;

 

If you have any question's relating to Foreign Investment, please contact Byron Cannon on byron@fclawyers.com.au or (07) 5443 6600.