Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025
made under the Foreign Acquisitions and Takeovers Act 1975
Compilation No. 03
Compilation date: 28 May 2025
Includes amendments: Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 3) Approvals 2025
Prepared by The Treasury
About this compilation
This compilation
This is a compilation of the Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025 that shows the text of the law as amended and in force on 28 May 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name
3 Authority
5 Definitions
Part 2—Approved manner for giving notices or making applications under the Act
6 Approved manner of notification and application
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1—Preliminary
1 Name
This instrument is the Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025.
3 Authority
This instrument is made under the Foreign Acquisitions and Takeovers Act 1975.
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 FIPresidentialapplication@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.
dominant land holding has the same meaning as in the Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020.
education institution has the same meaning as in the Student Assistance Act 1973.
Foreign Investment Portal means the web portal accessed by way of the “Foreign Investment Portal” link on the webpage at www.foreigninvestment.gov.au.
land entity has the same meaning as in the Regulation.
residential care has the same meaning as in the Aged Care Act 1997.
residential land lease community includes an area of land (however described) that is used by tenants who occupy relocatable or movable dwellings or caravans on that land and that is, in relation to its use for that purpose, regulated under a law of a State or a Territory.
retirement village has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
school has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
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.
Treasury-reviewable interests in residential land: an action which relates to Treasury-reviewable interests in residential land means one or more of the following:
(a) an acquisition of an interest in securities in a land entity where that entity’s dominant land holding is residential land and upon any of that land there is an established dwelling;
(b) an acquisition of an interest in residential land in relation to a build‑to‑rent development;
(c) an acquisition of an interest in residential land on which the foreign person making the acquisition proposes to build at least 1 additional dwelling, but less than 20 additional dwellings, and upon that land there is currently at least one established dwelling;
(d) an acquisition of an interest in residential land on which the foreign person making the acquisition proposes to build at least 1 additional dwelling, but less than 20 additional dwellings, and:
(i) the interest is not an interest in securities in a land entity; and
(ii) upon the land there is at least one new dwelling that has not been previously occupied;
(e) an acquisition of an interest in residential land on which the foreign person making the acquisition proposes to build no additional dwellings, and the land is used for:
(i) premises that provide for residential care; or
(ii) a retirement village; or
(iii) premises that provide accommodation to students in connection with an education institution that is not a school; or
(iv) a residential land lease community.
Part 2—Approved 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 | Types of notices and applications not mentioned in any other item of this table. | One of the following manners: (a) if a notice must be given under the Act and the Foreign Investment Portal is offline on the day the notice must be givenby electronic mail to the Treasury enquiries email address; (b) otherwise—through the Foreign Investment Portal. |
2 | Notices given in relation to one or more of the following: (a) notifiable actions which relate only to interests in residential land (other than notifiable actions which relate to Treasury-reviewable interests in residential land); (b) significant actions which relate only to interests in residential land (other than significant actions which relate to Treasury-reviewable interests in residential land). | One of the following manners: (a) if the ATO Online Services is onlinethrough the ATO Online Services; (b) if the ATO Online Services is offlineby requesting the form ‘Residential Application Form’ by electronic email to the ATO foreign investment email address, completing the form and submitting the completed form by electronic email to the ATO foreign investment email address; (c) if the person taking the action is an individual—by requesting the form ‘Residential Application Form’ by electronic email to the ATO foreign investment email address, completing the form and submitting the completed form by electronic email to the ATO foreign investment email address. |
3 | 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. | If the no objection notification was given or issued by the Treasurer or a delegate under the Foreign Acquisitions and Takeovers (Treasury) Delegations 2020—the same as for item 1. Otherwise—the same as for item 2. |
4 | 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. | The same as for item 2. |
5 | Applications made for variations to exemption certificates made under any of the following provisions: (a) sections 57 and 59 of the Act; (b) sections 43A and 43B of the Regulation. | If the exemption certificate was given or issued by the Treasurer or a delegate under the Foreign Acquisitions and Takeovers (Treasury) Delegations 2020—the same as for item 1. Otherwise—the same as for item 2. |
6 | 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—the same as for item 1. Otherwise—by electronic mail to FIRBcompliance@ato.gov.au. |
7 | 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) 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. |
8 | 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 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; (g) by completing the ‘Disclosure and Tip‑off’ form available at www.ato.gov.au; (h) by electronic mail to FIRBcompliance@ato.gov.au; (i) by electronic mail to the ATO foreign investment email address. |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
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Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions | ||||
Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025 | 21 January 2025 (F2025N00046) | 22 January 2025 | |||||
Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 1) Approvals 2025 | 21 February 2025 (F2025N00159) | 24 February 2025 | |||||
Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 2) Approvals 2025 | 28 March 2025 (F2025N00273) | 31 March 2025 | |||||
Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 3) Approvals 2025 | 27 May 2025 (F2025N00410) | 28 May 2025 | |||||
Endnote 4—Amendment history
Provision affected | How affected |
s2 | rep LA s48D |
s4 | rep F2025N00159 |
s5 | am F2025N00159; am F2025N00273; am F2025N00410 |
s6 | Am F2025N00159; am F2025N00273; am F2025N00410 |
Schedule 1 | rep F2025N00159 |