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Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025

I, Thomas Stoddart, Acting Assistant Secretary, Practice and Systems Branch, Foreign Investment Division, Department of the Treasury, delegate of the Secretary to the Treasury, approve the following manners for giving notices or making applications under the Foreign Acquisitions and Takeovers Act 1975.

Dated   20 January 2025

 

Thomas Stoddart

Acting Assistant Secretary
Practice and Systems Branch
Foreign Investment Division
Department of the Treasury

 

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Schedules

5  Definitions

Part 2—Approved manner for giving notices or making applications under the Act

6  Approved manner of notification and application

Schedule 1—Repeals

Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approval 2020

 

Part 1Preliminary

1  Name

  This instrument is the Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025.

2  Commencement

 (1) Each provision of instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Foreign Acquisitions and Takeovers Act 1975.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note: Expressions have the same meaning in this instrument as in the Foreign Acquisitions and Takeovers Act 1975 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

ATO foreign investment email address means the email address FIPResidential@ato.gov.au.

ATO Online Services means the electronic application forms made available for foreign investors accessible from onlineservices.ato.gov.au/ForeignInvestor/.

build-to-rent development means a development of a building on land where:

 (a) the building has, or will have, 50 or more dwellings; and

 (b) each of those dwellings:

 (i) is, or will be, made available to the public to be tenanted by way of lease for periods of 5 years or more; or

 (ii) is being tenanted by way of lease as a result of being made available to the public to be tenanted by way of lease for periods of 5 years or more; and

 (c) all the dwellings, and common areas for the dwellings, are owned, or are intended to be owned, by a single person at any one time.

Treasury Application Portal means the web portal by way of the “submit a proposal” link on the webpage at www.foreigninvestment.gov.au.

the Act means the Foreign Acquisitions and Takeovers Act 1975.

the Regulation means the Foreign Acquisitions and Takeovers Regulation 2015.

Treasury application email address means the email address foreigninvestmentapplications@treasury.gov.au.

Treasury audit email address means the email address foreigninvestmentaudit@treasury.gov.au.

Treasury compliance email address means the email address foreigninvestmentcompliance@treasury.gov.au.

Treasury enquiries email address means the email address foreigninvestmentenquiries@treasury.gov.au.

Treasury notification email address means the email address foreigninvestmentnotifications@treasury.gov.au.

Part 2Approved manner for giving notices or making applications under the Act

6  Approved manner of notification and application

  Under subsection 135(1) of the Act, for each type of notice or application mentioned in an item in the following table, the manner mentioned in that item of the table for the giving of the notice or making of the application is approved.

 

Item

Type of notice or application

Approved manner for giving of the notice or making of the application

1

Notices given in relation to any of the following:

(a) notifiable actions (other than notifiable actions which relate only to interests in residential land);

(b) significant actions (other than significant actions which relate only to interests in residential land);

(c) notifiable national security actions;

(d) reviewable national security actions.

One of the following manners:

(a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal;

(b) if the Treasury Application Portal is offlineby completing the form ‘Application Form – Proposal’ (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address.

2

Applications made for variations to no objection notifications given in relation to any of the following:

(a) actions described in paragraph 75(1)(b) of the Act (other than actions which only relate to interests in residential land);

(b) significant actions (other than significant actions which only relate to interests in residential land);

(c) notifiable national security actions;

(d) reviewable national security actions.

One of the following manners:

(a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal;

(b) if the Treasury Application Portal is offlineby completing the form ‘Application Form – Variation’ (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address.

3

Applications made for exemption certificates under any of the following provisions:

(a) section 58 of the Act;

(b) sections 42, 43, 43BA and 43BB of the Regulation.

One of the following manners:

(a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal;

(b) if the Treasury Application Portal is offlineby completing the form ‘Application Form – Proposal’ (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address.

4

Applications made for variations to exemption certificates made under any of the following provisions:

(a) section 58 of the Act

(b) sections 42, 43, 43BA and 43BB of the Regulation.

One of the following manners:

(a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal;

(b) if the Treasury Application Portal is offlineby completing the form ‘Application Form – Variation’ (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address.

5

Notices given in relation to any of the following:

(a) notifiable actions which relate only to interests in residential land;

(b) significant actions which relate only to interests in residential land.

Through the ATO Online Services (except in relation to a build-to-rent development).

In relation to a build-to-rent development—one of the following:

(a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal;

(b) if the Treasury Application Portal is offlineby completing the form ‘Application Form – Proposal’ (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address.

6

Applications made for variations to no objection notifications given in relation to any of the following:

(a) actions described in paragraph 75(1)(b) of the Act which relate only to interests in residential land;

(b) significant actions which relate only to interests in residential land.

Through the ATO Online Services (except in relation to a build-to-rent development).

In relation to a build-to-rent development—one of the following:

(a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal;

(b) if the Treasury Application Portal is offlineby completing the form ‘Application Form – Proposal’ (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address.

7

Applications made for exemption certificates under any of the following provisions:

(a) sections 57 and 59 of the Act;

(b) sections 43A and 43B of the Regulation.

Through the ATO Online Services.

8

Applications made for variations to exemption certificates made under any of the following provisions:

(a) sections 57 or 59 of the Act,

(b) sections 43A and 43B of the Regulation.

Through the ATO Online Services.

9

Notices required under a condition included in any of the following:

(a) an exemption certificate made under any of the following provisions:

(i) section 58 of the Act;

(ii) sections 42, 43,43BA and 43BB of the Regulation;

(b) a no objection notification (other than a no objection notification which relates only to interests in residential land); or

(c) another notice imposing conditions (other than a notice which relates only to interests in residential land).

Any of the following manners:

(a) if an email address is specified in a certificate, notification or notice mentioned in paragraphs (a), (b) or (c) for giving this type of noticeby electronic mail to that email address;

(b) in all casesby electronic mail to the Treasury compliance email address.

10

Notices required under a condition included in any of the following:

(a) an exemption certificate made under any of the following provisions:

(i) section 57 and 59 of the Act;

(ii) sections 43A and 43B of the Regulation;

(b) a no objection notification which relates only to interests in residential land;

(c) another notice imposing conditions which relates only to interests in residential land.

Any of the following manners:

(a) if an email address is specified in a certificate, notification or notice mentioned in paragraphs (a), (b) or (c) for giving this type of noticeby electronic mail to that email address;

(b) in all casesby electronic mail to FIRBcompliance@ato.gov.au.

11

A notification made for the purposes of paragraph 101(1)(b) of the Act (other than a notice which relates only to interests in residential land).

Any of the following manners:

(a) by electronic mail to the Treasury compliance email address;

(b) by electronic mail to the Treasury application email address;

(c) if the Treasury Application Portal is online and accepts the kind of notificationthrough the Treasury Application Portal;

(d) by electronic mail to the Treasury enquiries email address;

(e) by electronic mail to the Treasury notification email address;

(f) by electronic mail to the Treasury audit email address.

12

A notification made for the purposes of paragraph 101(1)(b) of the Act which relates only to interests in residential land.

Any of the following manners:

(a) by completing the ‘Disclosure and Tipoff’ form available at www.ato.gov.au;

(b) by electronic mail to FIRBcompliance@ato.gov.au;

(c) by electronic mail to ATO foreign investment email address.

13

Notices given for the purposes of subsections 98C(2), 98D(2) and 98E(3) of the Act.

By electronic mail to the Treasury notification email address.

14

Types of notices and applications not mentioned in any other item of this table.

One of the following manners:

(a) if the Treasury Application Portal is online and accepts the kind of noticethrough the Treasury Application Portal;

(b) if the Treasury Application Portal is offline or cannot accept the kind of noticeby electronic mail to the Treasury application email address.

 

Schedule 1Repeals

Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approval 2020

1  The whole of the instrument

Repeal the instrument.