Australia welcomes foreign investment. Most small and mid-sized investments outside the residential real estate sector can be made by foreign persons or entities without any application for approval under Australia’s regulatory and policy regime. However, some proposed investments do need approval.
The Treasurer in Australia’s Commonwealth (federal) Government is the Government Minister with responsibility for foreign investment approval. The Treasurer rarely prohibits an acquisition.
Australia’s legislative framework for foreign investment is comprised of the Foreign Acquisitions and Takeovers Act 1975 (Cth) (Act) and the Foreign Acquisitions and Takeovers Regulation 2015 (Regulations) made under the Act. The Foreign Investment Policy of the Commonwealth Government (Policy) outlines its approach to administering the Act and Regulations.