Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 2) Approvals 2025
I, Paul Miszalski, 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 26 March 2025
Paul Miszalski
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
Schedule 1—Amendments
Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025
Part 1—Preliminary
1 Name
This instrument is the Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 2) Approvals 2025.
2 Commencement
(1) Each provision of this 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 the instrument | The later of: (a) 31 March 2025; and (b) 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025
1 Section 5 (definition of ATO foreign investment email address)
Omit “FIPResidential@ato.gov.au”, substitute “FIPresidentialapplication@ato.gov.au”.
2 Section 5 (after the definition of Foreign Investment Portal)
Insert:
Foreign Investment Portal trial means a pilot or trial of the giving of the notice or making of the application through the Foreign Investment Portal.
3 Section 5 (definition of Treasury Application Portal)
Omit “by way”, substitute “accessed by way”.
4 Section 6 (table items 1 and 2)
Repeal the items, substitute:
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; (c) if the person giving the notice is participating in the Foreign Investment Portal trialthrough the Foreign Investment Portal. |
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; (c) if the person making the application, is participating in the Foreign Investment Portal trialthrough the Foreign Investment Portal. |
5 Section 6 (table item 4)
Repeal the item, substitute:
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; (c) if the person making the application, is participating in the Foreign Investment Portal trialthrough the Foreign Investment Portal. |
6 Section 6 (table item 6, column headed “Approved manner for giving of the notice or making of the application”)
Omit “Proposal”, substitute “Variation”.
7 Section 6 (table item 10)
Repeal the item, substitute:
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. | If the exemption certificate, no objection notification or notice imposing conditions was given or issued by the Treasurer or a delegate under the Foreign Acquisitions and Takeovers (Treasury) Delegations 2020—through the Foreign Investment Portal. Otherwise—by electronic mail to FIRBcompliance@ato.gov.au. |
8 Section 6 (table item 12)
Repeal the item, substitute:
12 | A notification made for the purposes of paragraph 101(1)(b) of the Act which relates only to interests in residential land. | In relation to a build‑to‑rent development, 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) through the Foreign Investment 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. Otherwise, any of the following manners: (a) by completing the ‘Disclosure and Tip‑off’ form available at www.ato.gov.au; (b) by electronic mail to FIRBcompliance@ato.gov.au; (c) by electronic mail to the ATO foreign investment email address. |
9 Section 6 (table item 14)
Repeal the item, substitute:
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; (c) if the person giving the notice or making the application, is participating in the Foreign Investment Portal trialthrough the Foreign Investment Portal. |