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Monetary Thresholds for US Investors

The following acquisitions must be notified, irrespective of the value or the nationality of the investor:

all vacant land, whether residential or commercial;
all residential real estate;
all accommodation facilities;
all shares or units in Australian urban land corporations or trust estates; and
all direct investments by foreign governments or their agencies.

All other acquisitions (including shares or assets of an Australian business) should be notified if the target entity is valued at/above the applicable monetary threshold set by the policy or the Act.

US Investors as at 1 January 2008
$105 million ($100 million in 2007)	involving AUSFTA prescribed sensitive sectors or where the acquiring entity is controlled by a US government: an interest in an Australian business; or where a US investor acquires an interest in an offshore company that holds Australian assets or conducts a business in Australia, and the Australian assets or businesses of the target company are valued at/above 50 per cent of its total assets (and hence not eligible for the offshore takeover threshold)
$210 million ($200 million in 2007)	involving AUSFTA prescribed sensitive sectors or where the acquiring entity is controlled by a US government: offshore takeovers where a US investor acquires an interest in an offshore company that holds Australian assets or conducts a business in Australia, and the Australian assets or businesses of the target company are valued at less than 50 per cent of its total assets (if the Australian assets are valued at/above 50 per cent of total assets the general $100 million threshold applies)
$913 million ($871 million in 2007)	not involving AUSFTA prescribed sensitive sectors or where the acquiring entity is not controlled by a US government: an interest in an Australian business; where a US investor acquires an interest in an offshore company that holds Australian assets or conducts a business in Australia, irrespective of whether the Australian assets or businesses of the target company are valued at less than 50 per cent of its total assets or not; or developed non‑residential commercial real estate

Different thresholds apply to non‑US investors as defined under the Foreign Acquisitions and Takeovers Regulations 1989 – please see the Monetary Thresholds (Except US Investors) section.

Under the Act, a transaction is considered an offshore takeover and hence subject to separate monetary thresholds, where a foreign person acquires an interest in an offshore company that holds Australian assets or conducts a business in Australia, and the Australian assets or businesses of the target company are valued at less than 50 per cent of its total assets. If the Australian assets are valued at/above 50 per cent of total assets then the acquisition is not eligible for the separate offshore takeover threshold and hence the general threshold applies.