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ARTICLE · 11 DECEMBER 2013

Australian foreign investment law update

Australia may still be open for business, but greater certainty is needed over Australia's foreign investment policy.

AustraliaGovernment, Public Sector

Australia still open for business, but greater certainty needed

On 16 October 2013, Treasurer Joe Hockey stated in a speech to the American Australian Association that "Australia is open for business, open for investment and is going for growth"1. Just over a month since making that bold statement, the Treasurer has created uncertainty over Australia's foreign investment policy by blocking Archer Daniels Midland's (ADM) proposed AUD$3.4 billion takeover of GrainCorp Limited (GrainCorp). This uncertainty is compounded by proposed changes to Australia's foreign investment laws which have been announced and which have not yet been legislated.

While the Treasurer noted in the announcement of this decision that of the 131 significant foreign investment applications received for his approval, the bid by ADM was the only one which had not been approved, the decision has been criticised as being a purely political decision. The takeover bid, the political pressures that

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