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Monetary Thresholds (Except 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.

Non‑US Investors as at 1 January 2007
$10 million	proposals to establish new businesses
$5 million	developed non‑residential commercial real estate, where the property is subject to heritage listing
$50 million	developed non‑residential commercial real estate, where the property is not subject to heritage listing
$100 million	an interest in an Australian business; or where a non‑US foreign 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)
$200 million	offshore takeovers where a non‑US foreign 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)

Different thresholds apply to US investors as defined under the Foreign Acquisitions and Takeovers Regulations 1989 – please see the Monetary Thresholds for 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 $100 million threshold applies.