Regulator function
The Treasury's Foreign Investment Division (FID) is Australia’s foreign investment policy advisor and regulator. It administers the foreign investment framework, which is set by the Foreign Acquisitions and Takeovers Act 1975 and the Foreign Acquisitions and Takeovers Fees Impositions Act 2015, along with their associated regulations.
FID assesses commercial investment proposals, is responsible for fostering compliance and advises the Australian Government on all aspects of foreign investment policy. Under the foreign investment framework, the Australian Taxation Office (ATO) is responsible for residential real estate investment proposals.
The Treasurer is the decision maker under Australia’s foreign investment framework, however decision-making delegations exist to enable Treasury portfolio ministers, and Treasury and ATO officials to make decisions on foreign investment proposals on behalf of the Treasurer.
The Foreign Investment Review Board (FIRB) is a non-statutory body, which advises the Treasurer on the policy and administration of the foreign investment framework.
Legislation
- Foreign Acquisitions and Takeovers Act 1975 (FATA)
- Foreign Acquisitions and Takeovers Fees Imposition Act 2015
- Register of Foreign Ownership of Water or Agricultural Land Act 2015
Regulated community
Foreign persons