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ARTICLE · 28 AUGUST 2020

FIRB Reforms Article Series – Part 6: Penalties and enforcement

Part 6 discusses the proposed expansion of FIRB's enforcement powers and the increase in penalties for non-compliance.

AustraliaGovernment, Public Sector

Proposed reforms to increase FIRB's enforcement powers and penalties

Over the last six weeks, we have been discussing the proposed reforms to the Foreign Acquisitions and Takeovers Act 1975 (Cth) and regulations (collectively, the FATA). During this series we have examined the proposed increase in the Foreign Investment Review Board's (FIRB) oversight of areas such as national security and data, as well as some other amendments intended to streamline the approval process more generally.

This sixth and final part of the series will discuss the proposed dramatic expansion of FIRB's enforcement powers and the accompanying increase in penalties for non-compliance. This increase in FIRB's and the Australian Taxation Office's (ATO) powers is consistent with the increasing focus on ensuring compliance with Australia's foreign investment rules in recent times. Any suggestions that might have been made during the parliamentary enquiry into Australia's foreign investment

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