In , 92 per cent of proposals were decided within 30 days. Most real estate cases, representing the majority of proposals received, were decided within two weeks.
For those proposals that took more than 30 days to decide, this generally reflected delays in receiving sufficient information from the parties or because the application involved significant complexity or sensitivity. In , 5, applications for foreign investment approval were considered, comprising 5, approved, 37 rejected and withdrawn by the parties with the remaining determined as exempt or not subject to the policy or the FATA.
This compares with 4, the previous year, representing an increase of 19 per cent. The majority of this increase occurred in the real estate sector, with 4, approvals 20 per cent higher than the 3, approvals in There were proposals approved in other sectors in compared with in , an increase of 5 per cent. In , 25 proposals were rejected by the way of a Final Order, compared with 55 in Five Divestiture Orders six in required foreign persons to dispose of their interests.
All Final and Divestiture Orders related to proposals involving residential real estate. There were 61 Interim Orders 65 in , extending the day statutory decision-making period by up to a further 90 days. Switzerland, China, the United Kingdom and Germany were the other major sources of proposed investment approved during , accounting for 17 per cent, 8 per cent, 8 per cent and 5 per cent, respectively.
Foreign investment in the banking sector needs to be consistent with the Banking Act , the Financial Sector Shareholdings Act FSSA and banking policy, including prudential requirements. Any proposed foreign takeover or acquisition of an Australian bank will be.
Foreign persons including foreign airlines can generally expect approval to acquire up to per cent of the equity in an Australian domestic airline other than Qantas , unless this is contrary to the national interest. Foreign persons including foreign airlines can generally expect approval to acquire up to 49 per cent of the equity in an Australian international carrier other than Qantas individually or in aggregate provided the proposal is not contrary to the national interest.
In the case of Qantas, total foreign ownership is restricted to a maximum of 49 per cent in aggregate, with individual holdings limited to 25 per cent and aggregate ownership by foreign airlines limited to 35 per cent.
In addition, a number of national interest criteria must be satisfied, relating to the nationality of Board members and operational location of the enterprise. Foreign investment proposals for acquisitions of interests in Australian airports are subject to case-by-case examination in accordance with the standard notification requirements.
The Shipping Registration Act requires that, for a ship to be registered in Australia, it must be majority Australian-owned that is, owned by an Australian citizen, a body corporate established by or under law of the Commonwealth or of a State or Territory of Australia , unless the ship is designated as chartered by an Australian operator.
The requirements that previously applied to broadcasting and newspapers were removed following proclamation of the Broadcasting Services Amendment Media Ownership Act which came into effect on 4 April Around 83 per cent of Telstra Corporation Limited Telstra is owned by institutional and individual investors, with the remaining approximately 17 per cent to be transferred by the Government to the Future Fund, a fund established by the Government to fund its public service superannuation liabilities.
Shares transferred to the Future Fund will be held in escrow for a two year period. Prior approval is required for foreign involvement in the establishment of new entrants to the telecommunications sector or investment in existing businesses in the telecommunications sector.
Proposals above the notification thresholds will be dealt with on a case-by-case basis and will be normally approved unless judged contrary to the national interest. Further information is available through the Foreign Investment Review Board, whose website is at www. Telecommunications-specific licensing, consumer protection and competition legislation also applies, both to foreign and domestic entities, on a non-discriminatory basis. The licensing regulation is contained in the Telecommunications Act In addition to being subject to the general competition and consumer protection laws which apply to business generally, carriers and carriage service providers are subject to the following industry-specific legislation:.
The Australian Government seeks to ensure that foreign investment in residential real estate increases the housing stock. Australia, therefore, seeks to channel foreign investment into activity that directly increases the supply of new housing that is, new developments — house and land packages, home units, townhouses, etc and brings benefits to the local building industry and their suppliers.
Proposed acquisitions of real estate for development generally vacant land are normally approved subject to specific conditions requiring continuous substantial construction to commence within 12 months.
Once construction is complete, the parties are required to provide advice of the completion date and actual development expenditure. Certain categories of foreign nationals, who hold a visa that permits them to reside in Australia continuously for at least the next 12 months, may be given approval to purchase developed residential real estate that is, second hand dwellings for use as their principal place of residence that is, not for rental purposes while in Australia.
Foreign companies, with an established substantial business in Australia, buying for named senior executives resident in Australia for periods longer than 12 months, may be eligible for approval provided the accommodation is sold when no longer required for this purpose.
Unless there are special circumstances, foreign companies normally will not be permitted to buy more than two houses under this category. Foreign companies would not be eligible under this category where the property would represent a significant proportion of its assets in Australia.
Proposals by foreign persons to acquire developed residential real estate that do not fall within the above categories are subject to the FATA but are not normally approved. Proposed acquisitions of developed non-residential commercial real estate are normally approved unless they are determined to be contrary to the national interest.
All other property, including vacant land for development, within the ITR would be subject to the normal foreign investment restrictions. Strict conditions must be fully met to qualify for ITR status. Proposed acquisitions of hotels and motels operating under one title are normally approved unless considered contrary to the national interest under the tourism sector policy. Proposed acquisitions of strata titled hotel accommodation may be approved in certain designated hotels. Other accommodation facilities such as guesthouses, hostels, holiday flats and undesignated strata titled hotels or motels are examined under policy applying to the residential real estate sector.
All contracts by foreign persons to acquire interests in Australian urban land should be made conditional upon foreign investment approval, unless approval was obtained prior to entering into the contract.
Contracts should allow a minimum of 40 days from date of lodgement for such a decision. Foreign investors are in breach of the FATA if they enter an unconditional contract to acquire property before approval is granted and may be subject to significant penalties.
As Australia has a federal system of government, there are some sector specific sub-federal measures that can impact on foreign ownership or control. The Department offers a range of programs to assist investors. There are no sector specific laws in New South Wales that relate specifically to foreign investors. There are no limitations on foreign purchase of real property in New South Wales apart from those which apply under the Commonwealth legislation.
The State of New South Wales does not restrict the inflow of foreign investment in any way. Inwards foreign investment is encouraged into metropolitan and regional areas of the State. Restrictions, and any associated performance requirements, are generally the same for urban land in the Northern Territory as in other states.
However, a number of unique restrictions do exist that apply to all potential investors. These are:. The Queensland Government supports the existing Commonwealth policy regarding the acquisition of or investment in urban real estate by foreign investors.
The Queensland Government would expect that urban real estate proposals other than those explicitly exempted from examination under Commonwealth guidelines would generally add value or other tangible economic benefits to attract Queensland Government support.
Broadly, land banking is defined as the acquisition of undeveloped real estate without identifiable plans to commence an approved form of development within a reasonable period normally defined as 12 months. In assessing economic benefit to the State, the Queensland Government notes that some of the benefits of foreign investments in manufacturing include:.
The Queensland Government would not normally object to proposals for the acquisition of an interest in an existing mine where economic benefits are considered sufficient to offset any reduction in Australian ownership and control, or where the foreign interest making the acquisition is Australian controlled.
The Queensland Government particularly encourages foreign investment in the area of downstream mineral processing. These assessments will be undertaken by Invest Queensland after prior consultation with the foreign investor and the FIRB.
Invest Queensland will also monitor the impact of foreign investment in more sensitive sectors of the rural economy, particularly where the level of foreign ownership and control is high. In addition, the Queensland Government opposes freehold acquisition by foreign investors of dedicated prime agricultural land for purposes other than primary production, unless it is demonstrated that foreign ownership will provide signific ant net offsetting benefits to the Queensland economy.
The Queensland Government encourages foreign investment in the tourism industry but would prefer joint venture projects between Australian and foreign companies.
However, in assessing foreign investment proposals in the tourism sector, the Queensland Government will also pay regard to:.
In considering foreign investment proposals involving offshore islands, the Queensland Government will apply the following approach:. The South Australian Government welcomes foreign investment that contributes to the long-term economic growth and development of the State.
The combination of cost-competitiveness, innovation, time zone, quality of life and government investment generates significant opportunities for international companies across a wide range of sectors including:. At the State level there are no formal processes or legislation in place governing the screening of potential foreign investment in South Australia.
South Australian Government policy encourages investment across all industry sectors, however, there is a current strategic focus on the following strategic industry sectors within both metropolitan and regional South Australia. At the State level restrictions to ownership of real property may apply in relation to the occupation of aboriginal lands. There are no sector-specific laws and policies which apply to foreign investment in Victoria. The Victorian Government is focused on promoting and attracting international business investment.
The Department of Innovation, Industry and Regional Development is the primary Victorian Government Department responsible for investment attraction and facilitation activities, both foreign and domestic. Its aim is to position Victoria as an attractive destination for investment that stimulates growth and development across the State. The Victorian Government generally does not impose any restrictions on foreign investments. Foreign investors that approach the Victorian government for assistance are assessed based on the level of strategic value and contribution that the company will potentially make to the Victorian economy.
Investments that are facilitated into the state with a grant component are subject to performance requirements. In these cases, companies are expected to reach contracted milestones and outcomes in order to be paid in accordance with the grant agreement. Western Australia WA has a thriving economy providing a diverse range of investment opportunities, demonstrated by the It is also the location for the majority of petroleum exploration and production in Australia.
The State also produces 11 per cent of the. WA has one of the leading technology parks in Australia and a marine services precinct that is world class in terms providing infrastructure to support industries servicing marine, defence, mining and petroleum industries.
The State is aiming mostly to develop industries in the ICT, biotechnology, marine and defence, renewable energy and biofuels sectors. WA companies and individuals compete successfully on the world stage everyday.
WA has a population of nearly two million people represented through a diversity of cultures with 12 per cent speaking a language other than English at home.
The population enjoys a clean and healthy lifestyle characterised by blue skies, warm climate and white sandy beaches. WA has well-established trading relationships in the region as result of an outwardly focused business culture.
The Government of WA welcomes your investment and is committed to promoting and developing innovation, science, technology and research to secure a vibrant future for the State. The Australian Government does not maintain currency controls or limit remittance, loan and lease payments.
Such payments are processed through standard commercial channels, without governmental interference or delay. Exchange rates are determined on the basis of demand and supply conditions in the exchange market, but the Reserve Bank of Australia retains discretionary power to intervene in the foreign exchange market.
There is no official exchange rate for the Australian dollar. There are no taxes or subsidies on purchases or sales of foreign exchange. Authorised foreign exchange dealers may deal among themselves, with their customers, and with overseas counterparties at mutually negotiated rates in any currency.
Private property can be expropriated for public purposes in accordance with established principles of international law. Due process rights are established and respected, and prompt, adequate and effective compensation under just terms is paid under the Constitution. Over the last three years, there have not been any cases of expropriation involving foreign investors under domestic law.
Australian law protects patents, trademarks, designs, copyrights and integrated circuit layout rights. The U. A number of Commonwealth laws give effect to the international obligations.
IP Australia is the Australian government agency responsible for registrations of patents, trademarks and designs. In general, for settlement of disputes associated with their investment in Australia, foreign investors would have access to the same courts and tribunals as domestic investors, provided that jurisdiction over the dispute could be established.
In addition, they would have access to a range of alternative dispute resolution mechanisms, such as arbitration, mediation and conciliation. There are a number of private sector organisations providing alternative dispute resolution services and facilities across Australia for both international and domestic dispute resolution.
Further information on the facilities available can be obtained from Chambers of Commerce and Industry, and Law Societies in each State and Territory. Contact details for the Australian Chamber of Commerce and Industry follows. The South Australian Government recognises that local industry participation in infrastructure and major construction projects provides benefits to both the South Australian economy and to the project proponent through greater local value adding and project cost savings.
There is an expectation that project proponents would support the achievement of these benefits. Whilst recognising that investment decisions are made in a competitive global market, it is desirable to achieve the maximum level of local content in goods, services and labour where these are competitive as to price, quality, and delivery requirements.
Approvals for foreign investment are handled directly by the Federal Government although the Foreign Investment Review Board refers significant investment proposals to relevant States for comment. Australia does not use policies targeting foreign investment in the area of the environment or sustainable development, or affecting indigenous persons, to promote broad economic development objectives. Invest Australia is the Australian Government's national inward investment attraction agency responsible for attracting productive foreign direct investment into Australia.
Invest Australia is the first national point of contact for investment inquiries. It provides free and comprehensive advice including:. Invest Australia works closely with all the States and Territories in promoting, attracting and facilitating foreign direct investment into Australia. There are a range of mechanisms in place with the State and Territory investment promotion bodies covering cooperation on research, marketing, events, re-investment, and protocols for investment leads. Incentives Invest Australia administers two programs in attracting and facilitating investment projects into Australia.
This program allows companies that make a significant investment in Australia to bring out key expatriate managerial and specialist employees from within the company group that are essential to establish operations in Australia. Agreements will be granted for three years. The Strategic Investment Coordination process considers requests for investment incentives where a project:.
Eligibility is not limited to foreign investors. Aside from the programs described above, investors are able to access the full range of government programs, subject to eligibility, availability to industry in areas like research and development, export development, and innovation. Ausfilm can offer information on locations, incentives, facilities, crew depth and a range of production services. Please see www. The offset provides a All State and Territory Governments in Australia are actively involved in investment promotion.
They have dedicated investment promotion personnel based domestically and most have representatives abroad who offer facilitation services to investors. The Department of the Chief Minister Major Projects, Asian Relations and Trade facilitates major economic and resource development projects, works to attract business to the Territory, and promotes Territory trade and business opportunities across Australia and throughout the wider Asian region.
The Department works in partnership with key stakeholders, including industry, professional associations, peak bodies, investors and government counterparts, to secure economic growth and employment for the Territory. The Government recognises that Australia has historically been capital deficient and that foreign investment has played a significant role in the development of Queensland and Australian economic capacity, particularly in the export sector.
However, the Government seeks to influence the flow of such investment into sectors of the economy which will provide the greatest contribution to the long term growth and development of Queensland. Invest Queensland provides financial incentives to attract businesses to Queensland.
The scheme is discretionary and projects are considered on a case-by-case basis. To be eligible for consideration, a company or project must:. Should financial incentives be offered to eligible projects, types of support may be in the form of payroll tax rebates or establishment grants. Offers are conditional and subject to the fulfilment of due diligence requirements and contractual obligations. Overall, the Queensland Government adopts a balanced and positive approach to foreign investment.
The role of the State Government with regard to foreign investment is recommendatory. The Secretariat has responsibility for:. There is no legislative requirement for prospective foreign investors to make submissions direct to Invest Queensland. However, proponents are encouraged to consult with the Secretariat on significant and possibly contentious proposals at the same time as making submissions to the FIRB.
Such consultation may enable the early identification, and remedy, of potential issues of concern. The Commonwealth Government consults with the Queensland Government as it recognises that particular State interests should be taken into account. The Queensland Government fully recognises that much of the information provided to Invest Queensland will be sensitive, commercial information, and thus confidential.
The Queensland Government will respect this confidence and will award it appropriate security. The Investment Branch of the Commercial Division attracts and secures private sector investment into South Australia and maximises future investments by organisations currently located within South Australia.
The Branch establishes and markets the case for South Australia as an investment destination and identifies financing opportunities for investment sourced from both the private sector and government. The Branch develops and maintains high level networks and gathers and disseminates market intelligence to other key divisions and agencies across government in relation to strategic industries.
The Investment Branch is responsible for investment attraction across the breadth of the economy, with a particular focus on the following strategic industry sectors within both metropolitan and regional South Australia:.
Although there is potential for assistance to be provided for projects of significant strategic value the State Government focuses on facilitating and promoting economic development and creating a business environment that encourages investment opportunities. The Tasmanian Department of Economic Development is the first point of contact for companies wishing to invest in Tasmania. A Tasmanian prospectus showcases Tasmania as a place to invest and details the assistance available to investors.
Tel: Tel: same as for telephone Email: info development. Contact details follow. Invest Victoria also markets and promotes Victoria in overseas markets and has a network of 11 international offices which actively promote the State in those markets and receive inquiries from potential investors.
Invest Victoria provides a range of free and confidential services to international companies designed to make investing and re-investing in Melbourne as simple as possible.
These services include:. Invest Victoria also provides assistance to Victorian companies looking to develop export opportunities, through the Access Program, which offers short-term desk and office facilities to pre-qualified Victorian companies requiring a temporary base for exploring market opportunities in the US, China, India and the Middle East.
Further details on the Access Programs can be found at:. Invest Australia has responsibility for a number of programs described below which were designed specifically to encourage investment in Australia:. There are no restrictions on the repatriation of capital and earnings by foreign investors related to foreign investment.
Any larger amounts must be transferred through the banking system. The Act took effect from 27 March and established a new system which provides a single, national set of rules for minimum terms, conditions, awards and agreements. Australian domestic law does not discriminate between foreign and locally owned enterprises.
Accordingly, a foreign firm employing Australian workers has the same legal rights and obligations in relation to conditions of employment and related matters as any local firm in a similar situation. For the purposes of obtaining entry to Australia for business temporary residence minimum salary and skill thresholds apply.
Skilled positions are occupations that are classified as Managers and Administrators, Professionals, Associate Professionals, and Tradespersons and Related Workers. Australian domestic laws relating to the settlement of industrial disputes and industrial action vary in detail from one jurisdiction to another. The regulatory arrangements and the mechanisms available for resolving industrial conflict, however, are broadly similar.
In each jurisdiction legislation provides for the settlement of industrial disputes by way of third party arbitration as well as by direct negotiation and other informal means.
As a general rule any industrial dispute may be brought before the relevant industrial tribunal at the behest of either party.
The incidence of industrial action has declined dramatically since the early s. The Australian system seeks to encourage the resolution of industrial disputes through direct negotiation rather than by third party arbitration.
The overwhelming majority of disputes are settled by such means and, increasingly, awards and determinations have established grievance handling procedures for resolving disputes at the enterprise level without the need for third party intervention. Domestic and foreign firms are subject to the same labour regulations. For further details see www. The South Australian Government participates in a range of State-specific and regional migration schemes that attract favourable policy and priority processing.
Immigration South Australia, a division of the Department of Trade and Economic Development, encourages business and skilled people to invest and migrate to South Australia. All Australian State and Federal domestic labour laws apply to the subsidiaries of foreign firms. In the case of a secondment or a short-term deployment of a worker from an overseas foreign firm, where the employment relationship is entered into in a foreign country, the laws that would apply to that worker would be dependent on factors including the level, regularity and substantiveness of the work performed in Australia on or behalf of the overseas firm.
It would therefore be difficult to provide advice without more detailed information about the relationship between the parties. Temporary business entry arrangements provide for the entry of foreign personnel for both short and long stay business entry. Short stay business visitor entry provides for a stay of up to three months on each occasion for business purposes such as pursuing investment opportunities, attending business meetings or attending to business interests in Australia, whereas long stay business entry visas are more appropriate for personnel seeking ongoing work in Australia.
Short stay visa options include a multiple entry visa, usually valid for one year. The ABTC. Benefits include:. These streamlined sponsorship arrangements extend to the entry of skilled personnel for the purpose of establishing a business presence of an overseas company in Australia. A spouse and dependent children who are part of the family unit of the principal applicant are granted a visa with the same conditions and period of validity as that of the principal.
Spouses of approved business temporary residents are permitted to work while in Australia. Spouses of approved long stay business entrants are permitted to work while in Australia. The Australian Government does not impose nationality requirements on senior management positions. Under the Corporations Act , at least two of the directors of a public company must be ordinarily resident in Australia. The procurement policy framework is a subset of the financial management framework related to the procurement of property or services.
Value for money is the core principle underpinning Australian Government procurement. In a procurement process this principle requires a comparative analysis of all relevant costs and benefits of each proposal throughout the whole procurement cycle whole-of-life costing.
Value for money is enhanced in Government procurement by:. The Tasmanian Government procurement policy framework is based on Instructions issued pursuant to the Financial Management and Audit Act and additional guidance provided in guidelines, manuals and other documentation. The Act applies to all Tasmanian inner-Budget agencies. All goods and service procurement, excluding common use contractual arrangements, and all building and construction procurement is devolved to individual Departments.
The primary principle underlying Tasmanian Government purchasing is the encouragement of fair and open competition between suppliers with the objective of achieving value for money purchasing outcomes.
Government buyers must behave ethically and comply with a code of conduct. They must also enhance opportunities for local businesses to bid for government business, although preference cannot be given to local suppliers.
The Tasmanian Government is bound by certain international agreements which include specific Government procurement commitments and these have been incorporated into the Instructions.
The relevant agreements are:. The Tasmanian Government procurement policy framework is non-discriminatory with all suppliers having the same opportunities to compete for business. The policy framework does not provide for potential suppliers to be discriminated against on the basis of their degree of foreign affiliation. However, a small number of specific policies apply to some sectors as set out below:.
Building and construction sector: where appropriate categories exist and certain thresholds are met, suppliers of services are to be pre-qualified with the Department of Treasury and Finance.
The VIPP statement will be used to distinguish a winning bid when the competing bids can not be distinguished through value for money considerations. Where one bidder clearly offers the best value for money, that bidder will be successful provided the required VIPP information has been completed with reasonable estimations.
In April , all Australian governments reached agreement to implement a National Competition Policy NCP to enable competition reform to be undertaken in a structured, transparent and comprehensive manner. NCP is underpinned by three intergovernmental agreements, which outline the reforms that Australian, State and Territory governments agreed to put in place under the NCP process.
Under the umbrella of NCP, the Australian, State and Territory governments agreed in the Competition Principles Agreement to abide by principles of competitive neutrality in respect of government businesses. The objective of competitive neutrality policy is the elimination of resource allocation distortions arising out of the public ownership of entities engaged in significant business activities. Government businesses should not enjoy any net competitive advantage simply as a result of their public sector ownership.
In order to neutralise any net competitive advantage, the Competition Principles Agreement sets out a number of measures to be applied to significant government businesses including corporatisation, imposition of full taxes or tax equivalents , debt guarantee fees, and imposition of regulation on an equivalent basis to the private sector.
Each government is required to report annually on their compliance with the Competition Principles Agreement. The laws consist of rules against certain types of anti-competitive conduct the competitive conduct rules and laws relating to price oversight. These prohibitions include secondary boycotts, exclusive dealing, and mergers which are likely to substantially lessen competition in a substantial market.
In addition, collusive price-fixing, third-line forcing, primary boycotts, and resale price maintenance are prohibited, and subject to a per se prohibition i. Part IV also prohibits the misuse of market power by a corporation. Competitive conduct matters are determined exclusively by the Court. Under the regime, there are three types of oversight — surveillance, monitoring and public inquiries.
Surveillance acts to restrain or limit price increases, is triggered by a Ministerial direction and is applied where there is a concern about prices in a significant market where competition is weak or ineffectual. Under monitoring, the ACCC collects data on prices, costs and profits in an industry or business and provides a report on its findings, as directed by the Australian Minister.
Authorisation is a process whereby the ACCC, upon application, grants immunity from breach of the competitive conduct rules, where the conduct is likely to produce a net public benefit. Exclusive dealing conduct may also receive immunity from court action under a simple notification scheme until, and if, it is revoked by the ACCC, where it is of the opinion that there is no net public benefit from the conduct.
In February , the Council of Australian Governments comprising the Prime Minister, State Premiers, Territory Chief Ministers and the President of the Australian Local Government Association announced its commitment to deliver a substantial new National Reform Agenda, embracing human capital, competition and regulatory reform streams.
The competition stream is a substantial addition to, and continuation of, the highly successful NCP reforms. It will further boost competition, productivity and the efficient functioning of markets by focusing on further reform and initiatives in the areas of energy, transport and infrastructure regulation and planning. The Australian Government is reducing the burden of red tape for businesses to further improve the economic environment so that all businesses, large and small, can prosper and grow.
The Australian Government appointed a taskforce the Banks Taskforce to identify practical options for alleviating the compliance burden on business from Australian Government regulation. The Australian Government has agreed to a range of measures to cut existing regulation across a wide range of sectors and business activities, including health, labour market, consumer, environment, financial and corporate, and taxation.
The response also introduces a strengthened regulation-making and review framework to ensure that systems are in place to guard against the introduction of unnecessary regulation and improve the quality of existing and new regulation. Finally, the Australian Government has agreed to explore options for improving the administration of regulation and to improve efficiency across government.
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