Foreign Investment Guidelines

The Foreign Investment Guidelines were established to encourage foreign investment, to develop internationally competitive and export-oriented industries and to create employment opportunities within the Australian community.  They are guidelines, not inflexible rules.  

Some examples of situations where a foreign company will require approval from the Foreign Investment Review Board (FIRB) include:

1. if you are proposing to establish a new business involving a total investment of AUS$10 million or more you will require prior approval and government notification under the Australian Government’s foreign investment policy.  Investments in new businesses are usually approved unless considered contrary to the national interest.  However, under the Foreign Acquisitions and Takeovers Act 1975 (FATA) and Guidelines, the following industry sectors are considered to be sensitive and foreign investment in these sectors is subject to detailed examination by FIRB:

• media;
• telecommunications;
• transport (including airports, port facilities, rail infrastructure, international and domestic aviation and shipping services provided within, or to and from, Australia);
• the supply of training or human resources, or the manufacture or supply of military goods; or equipment or technology, to the Australian Defence Force or other defence forces;
• the manufacture or supply of goods, equipment or technology able to be used for a military purpose;
• the development, manufacture or supply of, or the provision of services relating to, encryption and security technologies and communications systems; and
• the extraction of (or the holding of rights to extract) uranium or plutonium or the operation of nuclear facilities.