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ARTICLE · 14 JULY 2026

Navigating Australia’s Foreign Direct Investment Regime

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Australia's federal government welcomes foreign investment, but the Foreign Investment Review Board (FIRB) regime has become increasingly complex. This comprehensive guide examines critical considerations for foreign investors, including investor profiles, investment types, mandatory filing thresholds, available exemptions, procedural requirements, filing fees, and the Treasurer's enforcement powers.

AustraliaGovernment, Public Sector
Melissa Swain-Tonkin
Melissa Swain-Tonkin
Stephen Dobbs
Stephen Dobbs
Mark Hatfull
Mark Hatfull
Adam Charles
Adam Charles
Nick Baker
Nick Baker
Paul Branston
Paul Branston
Author LinkedIn connections

The guide for foreign investors navigating the intricacies of Australia’s FIRB regime

Whilst Australia’s federal government welcomes foreign investment and has a strong track record of supporting foreign investment, Australia’s Foreign Investment Review Board (FIRB) regime is becoming increasingly complicated and requires careful consideration concerning any potential investment opportunity. 

This comprehensive guide thoroughly addresses key considerations including the investor's profile, the nature of the investment, thresholds for mandatory FIRB filings, exemptions available to foreign investors, procedural requirements, FIRB filing fees, and the Treasurer's powers and foreign investor obligations.

Chapters

  1. Key issues to consider on Australia's FIRB regime
  2. Overview of Australia’s FIRB regime
  3. Who is captured by Australia’s FIRB regime?
  4. Investments regulated under the FIRB regime
  5. When is FIRB notification required?
  6. National security considerations
  7. National interest test
  8. Types of FIRB approvals
  9. Conditions
  10. Variations to FIRB approvals
  11. Investment in businesses and entities
  12. Investment in Australian land
  13. Investment in Australia’s resources sector
  14. The Treasurer’s enforcement and supervisory powers
  15. Exemptions
  16. Procedural issues
  17. Compliance

Download our full guide today

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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