Australian Foreign Direct Investment
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10 Jul 2026
Insight
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
Key contacts
Matthew FitzGerald
Managing Partner, Corporate, Asia and Australia, Brisbane
Melissa Swain-Tonkin
Partner, Brisbane
Stephen Dobbs
Partner, Sydney
Mark Hatfull
Partner, Perth
Adam Charles
Partner, Melbourne
Nick Baker
Managing Partner, Projects, Energy and Infrastructure, Melbourne
Paul Branston
Partner, Perth
Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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