FIRB Guide: Foreign Investment in Australia [2026]

Complete guide to FIRB approval requirements for foreign investors in Australia. Covers who needs FIRB approval, monetary thresholds, application fees, the approval process, exemptions, conditions, penalties, and country-specific rules under the Foreign Acquisitions and Takeovers Act 1975.

Last Updated: March 2026 | Reading Time: 20 minutes | By Aus Business Register

Investing in Australia as a foreign person? Understanding the Foreign Investment Review Board (FIRB) and its approval requirements is one of the most critical steps in your market entry strategy. Whether you are acquiring an Australian business, purchasing commercial property, establishing a subsidiary, or buying agricultural land, FIRB approval may be mandatory before you can proceed. Failure to notify when required can result in criminal penalties, civil fines exceeding $825 million, and forced divestment of your investment.

This guide provides a definitive, practical overview of Australia's foreign investment framework. We cover who needs FIRB approval, the current monetary thresholds for 2026, the application process and timeline, fee schedules, country-specific rules under free trade agreements, common conditions attached to approvals, available exemptions, and the serious consequences of non-compliance.

Table of Contents

1. What is FIRB?
2. Who Needs FIRB Approval?
3. FIRB Notification Thresholds 2026
4. FIRB Application Process
5. FIRB Application Fees
6. FIRB by Country: How Free Trade Agreements Affect Thresholds
7. Common FIRB Conditions
8. FIRB Exemptions
9. Penalties for Non-Compliance
10. How We Help with FIRB
11. Frequently Asked Questions

What is FIRB?

The Foreign Investment Review Board (FIRB) is a non-statutory advisory body that examines and advises the Australian Treasurer on foreign investment proposals. Established in 1976, FIRB plays a central role in Australia's foreign investment framework, ensuring that foreign investment is consistent with Australia's national interest.

FIRB's Role and Function

FIRB is not a regulator in the traditional sense. It does not have independent decision-making authority. Instead, FIRB:

• Examines proposed foreign investment in Australia
• Advises the Treasurer (or their delegate) on whether proposals are consistent with national interest
• Provides guidance to foreign investors on Australia's foreign investment policy and legislation
• Monitors compliance with conditions imposed on approved investments
• Publishes policy guidance and annual reports on foreign investment trends

The Treasurer, acting on FIRB's advice, is the ultimate decision-maker who approves, rejects, or imposes conditions on foreign investment proposals. In practice, many decisions are delegated to senior Treasury officials for lower-risk proposals.

Legal Framework

Australia's foreign investment regime is governed by several pieces of legislation:

• Foreign Acquisitions and Takeovers Act 1975 (FATA) – the primary legislation establishing the framework for screening foreign investment
• Foreign Acquisitions and Takeovers Fees Imposition Act 2015 – establishes the fee framework
• Foreign Acquisitions and Takeovers Regulation 2015 – provides detailed rules, including monetary thresholds and fee calculations
• Australia's Foreign Investment Policy – supplementary guidance published by Treasury

FIRB sits within the Australian Treasury and is supported by Treasury staff who analyse proposals. The Board itself comprises senior business and public sector figures appointed by the Treasurer to provide independent advice.

How FIRB Differs from Other Bodies

It is important to understand that FIRB is an advisory body, not a regulatory authority like ASIC (Australian Securities and Investments Commission) or the ATO (Australian Taxation Office). FIRB does not grant or refuse approval directly – it recommends outcomes to the Treasurer. However, "FIRB approval" is the common shorthand used for the Treasurer's no-objection decision following FIRB's assessment. The ATO administers compliance for residential real estate, while Treasury handles all other foreign investment compliance and enforcement.

Who Needs FIRB Approval?

Determining whether you need FIRB approval depends on three key factors: who you are (your foreign person status), what you are acquiring (the type of investment), and how much it is worth (whether it exceeds the relevant monetary threshold).

Who is a "Foreign Person"?

Under the FATA, a foreign person includes:

• An individual who is not an Australian citizen and not an Australian permanent visa holder (regardless of where they reside)
• A corporation in which a foreign person holds a substantial interest (20% or more by a single foreign person, or 40% or more in aggregate by two or more foreign persons)
• A trust in which a foreign person holds a beneficial interest of 20% or more (individual) or 40% or more (aggregate)
• A foreign government or its related entities (including sovereign wealth funds, state-owned enterprises, and government pension funds)
• A general partner of a limited partnership where a foreign person holds a 20%+ or 40%+ aggregate interest

This definition cascades through corporate structures. If a Singapore-based parent company owns 100% of a UK holding company, and that UK company seeks to acquire an Australian business, the UK entity is treated as a foreign person because it is ultimately controlled by a foreign person.

Foreign Government Investors – Special Rules

Foreign government investors face the most stringent scrutiny. A foreign government investor includes:

• A foreign government or separate government entity
• A corporation in which a foreign government or its entities hold a 20% or more interest (individual) or 40% or more (aggregate)
• A sovereign wealth fund, regardless of its investment level
• Any entity that a foreign government is in a position to influence

Foreign government investors must notify FIRB of all direct investments in Australia, regardless of the value. There is effectively a $0 threshold for foreign government investors across all investment categories.

Types of Investments Requiring FIRB Notification

The following types of transactions may trigger a FIRB notification requirement:

The National Interest Test

All notified proposals are assessed against the national interest test. FIRB considers:

• National security – impact on Australia's defence and intelligence capabilities
• Competition – effect on market concentration and consumer outcomes
• Tax revenue – whether the investment structure appropriately accounts for Australian taxation
• Economic impact – effect on the economy, including employment, productivity, and technology transfer
• Community impact – effect on Australian communities, particularly in regional areas
• Character of the investor – the investor's history of compliance and governance

For foreign government investors, FIRB also considers whether the investment is commercial in nature or is being driven by strategic or political motives.

FIRB Notification Thresholds 2026

Monetary thresholds determine whether a foreign investment proposal must be notified to FIRB. These thresholds are indexed annually on 1 January (except for certain non-indexed thresholds). The following thresholds are effective from 1 January 2026.

Business and Entity Acquisitions

Land Acquisitions

Understanding "Cumulative" Thresholds

The $15 million agricultural land threshold is cumulative. This means FIRB considers all agricultural land held by the foreign person in Australia, not just the current acquisition. If you already hold $10 million worth of agricultural land and propose to acquire an additional parcel worth $6 million, you exceed the $15 million threshold even though the individual acquisition is only $6 million.

What Counts Toward the Threshold?

The relevant value depends on the type of investment:

• Business acquisitions: total asset value of the target entity
• Land acquisitions: market value of the interest being acquired
• Securities: consideration being paid for the acquisition
• Entities: the higher of the total asset value or the consideration being paid

When calculating whether you meet a threshold, include any related acquisitions undertaken as part of the same arrangement.

Indian Investors – Special Threshold

Under the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA), private investors from India benefit from a higher threshold of $560 million for non-sensitive commercial investments. This positions India alongside other FTA partners with preferential treatment, though at a lower threshold than the general FTA level.

FIRB Application Process

The FIRB application process is structured but can be complex, particularly for sensitive sector investments or those involving foreign government investors. Here is a step-by-step overview.

Step 1: Determine if You Need to Notify

Before lodging an application, assess whether your proposed investment triggers a mandatory notification requirement. Consider:

• Your status as a foreign person (including tracing through corporate structures)
• The type of investment (business, land, securities)
• Whether the value exceeds the relevant monetary threshold
• Whether the investment involves a sensitive sector or national security concern

If in doubt, seek professional advice. You can also contact FIRB directly for informal guidance or submit a voluntary notification for certainty.

Step 2: Pre-Notification Consultation (Optional but Recommended)

For complex proposals, FIRB encourages pre-notification consultation. This informal process allows you to:

• Discuss the nature and structure of your proposal with FIRB staff
• Understand potential issues that may arise during the review
• Identify information requirements upfront
• Receive guidance on the appropriate notification pathway

Pre-consultation does not constitute lodgement and does not start the statutory clock. It is entirely voluntary but can significantly streamline the formal process.

Step 3: Submit Your Application via the FIRB Portal

All applications must be submitted through the Foreign Investment Portal at firb.gov.au. The portal requires:

• Applicant details – identity, corporate structure, ultimate beneficial owners
• Investment details – nature of the acquisition, target entity or land, value
• Supporting documents – corporate structure charts, financial statements, business plans
• National interest statement – how the investment benefits Australia
• Foreign government investor declaration (if applicable)
• Payment of the applicable fee

Applications must be lodged before the investment is completed. Proceeding without approval when notification is required constitutes a breach of the FATA.

Step 4: Statutory Review Period

Once a valid application is accepted:

• Initial review period: 30 calendar days from acceptance of the complete application
• Extension: The Treasurer may issue an interim order extending the review by an additional 90 days
• Voluntary extension: FIRB may request that the applicant voluntarily extend the deadline (applicants generally comply, given the Treasurer's power to impose a unilateral extension)
• Further extension: In exceptional cases, a final order can extend the decision period by another 90 days

In total, the statutory framework allows up to 210 days for a decision, though this is rare. The government has set a target of processing 50% of applications within the initial 30-day period from 1 January 2025.

Step 5: Decision

Following review, one of three outcomes is possible:

1. No objection notification – the investment may proceed, potentially with conditions
2. Conditional approval – the investment may proceed subject to specific conditions (see Common FIRB Conditions)
3. Rejection – the Treasurer prohibits the investment (rare; fewer than 5% of applications are rejected)

If no decision is made within the statutory timeframe and no extension order has been issued, the investment is deemed to have received a "no objection" decision by operation of law.

Typical Processing Times

In practice, most applications are processed within 30 to 90 days, depending on complexity:

Validity of FIRB Approval

FIRB approvals are typically valid for 12 months from the date of the no-objection notification. If the investment is not completed within this period, a new application (and fee) may be required.

FIRB Application Fees

FIRB charges fees based on the type and value of the investment. Fees are indexed annually on 1 July. The following fee schedules apply from 1 July 2025 to 30 June 2026.

Residential Land Fees

New or Near-New Dwellings and Vacant Residential Land

Established Dwellings (Tripled Rates Apply)

From 9 April 2024, application fees for established dwellings were tripled as part of government measures to discourage foreign acquisition of existing housing stock.

Commercial Land and Business Acquisition Fees

Fees for commercial land, business acquisitions, and other non-residential investments follow a tiered structure. The fee increases incrementally by approximately $30,300 for every additional $50 million in consideration, up to a maximum cap.

Note: These are indicative ranges. The precise fee is calculated per the Foreign Acquisitions and Takeovers Fees Imposition Regulation. Refer to the official fee schedule for exact amounts.

Exemption Certificate Fees

Exemption certificates, which allow investors to make multiple investments within a defined scope without individual notifications, are charged at 75% of the applicable fee for the corresponding investment type.

Property developer exemption certificates incur an initial application fee of $65,200 for the 2025-26 financial year, plus additional per-sale fees.

Variation Fees

Vacancy Fees for Residential Property

Foreign-owned residential dwellings that remain unoccupied or unrented for more than 183 days per year are subject to an annual vacancy fee equal to double the original application fee. This provision encourages foreign investors to ensure their residential properties contribute to Australia's housing supply.

Are Fees Refundable?

FIRB application fees are generally non-refundable, even if the application is withdrawn, rejected, or the investment does not proceed. Fees are payable at the time of application, and processing does not commence until payment is received.

FIRB by Country: How Free Trade Agreements Affect Thresholds

Australia's network of free trade agreements (FTAs) significantly affects FIRB thresholds. Investors from FTA partner countries benefit from higher monetary thresholds, meaning more investments can proceed without FIRB notification.

FTA Partner Countries with Higher Thresholds

The following countries have FTA-based preferential FIRB thresholds (generally $1,498 million for non-sensitive business and developed commercial land, compared to $347 million for non-FTA countries):

Special Case: Chinese State-Owned Enterprises (SOEs)

While private Chinese investors benefit from the $1,498 million threshold under ChAFTA, Chinese state-owned enterprises are treated as foreign government investors with a $0 threshold across all investment categories. This distinction is significant because many large Chinese companies have government ownership or influence, even if they operate commercially. FIRB applies a broad interpretation of government influence, meaning entities where the Chinese government holds even a minority stake may be classified as foreign government investors.

Special Case: New Zealand Investors

New Zealand investors receive the most favourable treatment under Australia's foreign investment framework. Under the Closer Economic Relations (CER) agreement and its extensions, New Zealand investors are largely exempt from FIRB notification requirements for most non-sensitive investments. The key benefits include:

• Exemption from notification for most business and entity acquisitions
• Higher thresholds of $1,498 million for agricultural land
• No screening for most residential property purchases by New Zealand citizens (subject to conditions)
• Exemption from notification for most commercial land acquisitions

However, New Zealand foreign government investors and investments in sensitive or national security sectors are still subject to screening.

Non-FTA Countries

Investors from countries without an FTA with Australia (including most of Africa, the Middle East, South America beyond Chile and Peru, and parts of Asia and Europe) face the standard $347 million threshold for business and developed commercial land acquisitions. All other category-specific thresholds (residential, agricultural, etc.) apply as per the general rules.

Common FIRB Conditions

FIRB approvals frequently include conditions that the foreign investor must comply with on an ongoing basis. Conditions have become increasingly rigorous, particularly in relation to tax compliance and national security. Understanding potential conditions is essential for planning your investment structure.

Standard Tax Conditions

Since 2014, FIRB has imposed five standard tax conditions on most commercial approvals:

1. Tax compliance: The investor and the target entity must comply with all Australian taxation obligations, including income tax, GST, and withholding tax requirements
2. ATO cooperation: The investor must cooperate with ATO requests for information and audits
3. Transfer pricing: Arrangements for the transfer of intellectual property, goods, or services between related parties must be conducted at arm's length and in accordance with Australian transfer pricing rules
4. Profit shifting disclosure: The investor must disclose any contractual arrangements related to the offshore transfer of intellectual property, regardless of whether this involves intercompany transfers or third-party transactions
5. Ongoing reporting: Annual tax compliance reporting to FIRB/ATO as required

Reporting Requirements

Most approvals include conditions requiring the investor to:

• Submit annual compliance reports via the Foreign Investment Portal (mandatory since February 2025)
• Provide evidence that conditions are being met
• Notify FIRB of any material changes to the investment structure
• Maintain records demonstrating ongoing compliance

Development Conditions

For land-related investments, particularly vacant land, FIRB commonly requires:

• Construction commencement within a specified timeframe (typically 12-24 months)
• Development completion within a prescribed period (typically 4 years for vacant residential land)
• Ongoing development reporting at regular intervals
• Divestment if development conditions are not met

Employment and Operational Conditions

For business acquisitions, conditions may include:

• Maintaining employment levels at or near pre-acquisition levels for a specified period
• Retaining operational headquarters in Australia
• Maintaining Australian board representation
• Preserving existing contracts with Australian suppliers

Governance and Access Restrictions

For sensitive sector investments, additional conditions may include:

• Security clearance requirements for key personnel
• Data handling controls – ensuring Australian data remains within Australia
• Restrictions on access by foreign government personnel to sensitive operations
• Board composition requirements – independent Australian directors

Divestment Conditions

In some cases, FIRB may require the investor to:

• Divest certain assets to avoid competition concerns
• Divest within a specified period if other conditions are not met
• Provide a right of first refusal to Australian buyers upon future sale

Monitoring and Enforcement

Compliance with conditions is monitored by Treasury (for commercial investments) and the ATO (for residential property). Since 2022, FIRB has significantly increased its compliance enforcement, including conducting audits and issuing infringement notices for breaches.

FIRB Exemptions

Not all foreign investments require FIRB notification. Several categories of exemptions exist under the FATA and its regulations.

Statutory Exemptions

The following investments are generally exempt from FIRB notification requirements:

New Zealand Investors

New Zealand non-government investors are largely exempt from FIRB screening for most investment types under the CER agreement. However, exemptions do not apply to:

• Investments in prescribed sensitive sectors (defence, telecom, media)
• National security investments
• Foreign government investor acquisitions
• Residential land in certain circumstances

Below-Threshold Acquisitions

Investments that fall below the applicable monetary threshold do not require notification. However, investors should carefully calculate the correct threshold (including tracing through corporate structures to determine foreign person status and applying the correct FTA-based threshold).

Managed Investment Schemes

Certain acquisitions of interests in managed investment schemes are exempt where:

• The scheme is widely held (no single foreign person holds more than 20%)
• The acquisition does not result in a substantial interest (20%+ individual or 40%+ aggregate)
• The scheme is regulated by ASIC

Passive Investments

Passive portfolio investments below certain levels may be exempt:

• Acquisitions of less than 10% of voting shares in an entity listed on the ASX (for non-government investors)
• Interests that do not confer influence over the entity's operations or management

Corporate Restructures

Internal corporate restructures that do not result in a change in ultimate foreign ownership or control may be exempt, provided:

• The restructure does not increase the level of foreign ownership
• The restructure is not being used to circumvent notification requirements
• All entities remain within the same corporate group

Exemption Certificates

Foreign investors can apply for an exemption certificate that allows them to make multiple investments within defined parameters without individual notifications. These are commonly used by:

• Property developers making multiple residential purchases
• Fund managers making portfolio investments
• Companies undertaking a programme of acquisitions in a particular sector

Exemption certificates have a defined scope (type, value, and geography of investments) and are typically valid for 12 months. Fees apply at 75% of the standard rate.

Voluntary Notifications

Even where no mandatory notification requirement exists, foreign investors may submit a voluntary notification to obtain certainty that their investment does not raise national interest concerns. This is recommended where:

• The investment is close to a monetary threshold
• There is uncertainty about foreign person status
• The investment may involve sensitive or national security sectors
• The investor wants certainty for due diligence or financing purposes

Penalties for Non-Compliance

Australia imposes severe penalties for breaches of the foreign investment framework. Penalties have been significantly strengthened in recent years, reflecting the government's commitment to enforcing compliance.

Criminal Penalties

Knowingly or recklessly failing to comply with FIRB requirements can result in:

• Individuals: fines up to $4.95 million (15,000 penalty units) and/or imprisonment for up to 10 years
• Corporations: fines up to $49.5 million (150,000 penalty units)

Criminal penalties apply to breaches including:

• Completing a notifiable investment without FIRB approval
• Providing false or misleading information in an application
• Knowingly breaching conditions attached to an approval

Civil Penalties

The civil penalty regime provides for substantial fines without requiring proof of criminal intent:

• Individuals: civil penalties ranging from $1.65 million to $825 million depending on the severity of the breach
• Corporations: civil penalties ranging from $16.5 million to $825 million

The maximum civil penalty of $825 million (2,500,000 penalty units at the current penalty unit value of $330) applies to the most serious breaches, such as knowingly completing a significant investment without approval in a national security sector.

Infringement Notices

For less serious breaches, FIRB may issue infringement notices as an alternative to court proceedings. These are typically used for:

• Late notification (proceeding before approval but subsequently notifying)
• Minor breaches of conditions
• First-time, low-risk compliance failures

Residential property infringement notices can result in penalties of up to $1,237,500 for corporations (3,750 penalty units at the current $330 per unit).

Divestment Orders

The Treasurer has the power to issue divestment orders requiring the foreign investor to sell the asset or interest within a specified period. Divestment orders can be issued where:

• An investment was completed without required FIRB approval
• Conditions attached to an approval have been materially breached
• A previously approved investment subsequently raises national interest concerns

Failure to comply with a divestment order is a separate criminal offence.

Self-Disclosure

FIRB encourages voluntary self-disclosure of breaches. Investors who self-report non-compliance may receive:

• Reduced penalties
• More favourable treatment in enforcement proceedings
• The opportunity to remediate the breach (e.g., retrospective notification)

Self-disclosure does not guarantee immunity from penalties, but it is a significant mitigating factor.

Residential Property Enforcement

The ATO administers foreign investment compliance for residential property and has a dedicated foreign investment compliance team. Enforcement actions include:

• Property vacancy audits
• Investigation of undisclosed foreign ownership
• Prosecution for acquisition without approval
• Vacancy fee enforcement

How We Help with FIRB

Navigating Australia's foreign investment framework can be complex, particularly for first-time investors unfamiliar with the regulatory landscape. At Aus Business Register, we help foreign companies and investors understand their FIRB obligations and structure their Australian market entry efficiently.

Our FIRB-Related Services

• FIRB Pre-Screening Assessment: We analyse your proposed investment to determine whether FIRB notification is required, which threshold applies, and what conditions are likely
• Entity Structure Advice: We help you choose the right corporate structure (subsidiary, branch office, or other) to minimise FIRB complexity while meeting your commercial objectives
• Resident Director Services: If your investment requires establishing an Australian entity, our resident director service ensures you meet ongoing statutory obligations
• Ongoing Compliance Support: Post-approval, we assist with annual compliance reporting, condition monitoring, and regulatory correspondence

When to Engage Us

The best time to seek advice is before you commit to an Australian investment. Early assessment can:

• Identify potential FIRB hurdles before they become deal-breakers
• Ensure your transaction structure aligns with FIRB expectations
• Avoid costly delays and the risk of inadvertent non-compliance

Ready to discuss your investment plans? Request a quote or call us on +61 2 8599 9890 for a confidential discussion about your FIRB requirements. View our full service pricing for more information.

Frequently Asked Questions

How long does FIRB approval take?

The statutory review period is 30 calendar days from the date FIRB accepts your complete application. However, FIRB can extend this by issuing an interim order (adding 90 days) and, in exceptional cases, a final order (adding another 90 days). In practice, most straightforward applications are decided within 30 to 60 days, while complex proposals involving sensitive sectors, national security, or foreign government investors may take 3 to 6 months. Low-risk residential property applications can sometimes be processed in as little as 2 weeks. The government has set a target of processing 50% of cases within the initial 30-day statutory timeframe.

Can FIRB reject an application?

Yes, but outright rejections are relatively rare, occurring in fewer than 5% of cases. FIRB is more likely to impose conditions on an approval than to reject a proposal entirely. Rejections are most common where the proposal raises significant national security concerns, involves a foreign government investor seeking to acquire a sensitive asset, or where the investor has a history of non-compliance. If FIRB indicates it may recommend rejection, investors often withdraw their application rather than receive a formal rejection.

Do I need FIRB approval to start a company in Australia?

Generally, no. Incorporating a new Australian company (such as a Pty Ltd subsidiary) or registering a foreign company branch does not, by itself, require FIRB approval – unless you are a foreign government investor. Foreign government investors must notify FIRB of any new business started in Australia, regardless of value. However, if your company formation involves acquiring an existing Australian business, purchasing land, or acquiring interests in an existing entity, separate FIRB notification requirements may apply based on the type and value of the acquisition.

What happens if I invest without FIRB approval?

Investing without required FIRB approval is a serious offence. You may face criminal penalties (up to $49.5 million for corporations and 10 years imprisonment for individuals), civil penalties (up to $825 million), infringement notices, and divestment orders requiring you to sell the asset. The ATO and Treasury actively monitor foreign investment compliance, particularly for residential property. If you discover that you should have notified FIRB, you should seek immediate legal advice and consider voluntary self-disclosure, which may result in reduced penalties and a retrospective notification pathway.

Can I get a FIRB exemption certificate?

Yes. Exemption certificates allow you to make multiple investments within defined parameters without lodging individual FIRB notifications for each transaction. They are commonly used by property developers, fund managers, and companies undertaking a series of acquisitions. You must apply for an exemption certificate through the Foreign Investment Portal, pay the applicable fee (75% of the standard fee), and comply with any conditions attached to the certificate. Certificates are typically valid for 12 months and specify the type, value, and geographic scope of permitted investments.

Do FIRB fees get refunded if my application is rejected?

No. FIRB application fees are non-refundable regardless of the outcome. Fees are payable upon lodgement and are not returned if the application is rejected, withdrawn, lapsed, or if the investment does not proceed for any reason. This applies to all investment types, including residential, commercial, and business applications. If you need to submit a new or amended application, a fresh fee is required.

Does FIRB apply to buying shares in an ASX-listed company?

It depends. Acquiring shares in an ASX-listed company does not always require FIRB notification. The key tests are whether the acquisition results in you holding a substantial interest (20% or more) and whether the value exceeds the applicable monetary threshold. Passive portfolio investments of less than 10% in ASX-listed entities by private foreign investors are generally exempt. However, foreign government investors must notify FIRB of any direct investment in an ASX-listed company, regardless of the percentage or value. Acquisitions in sensitive or national security sectors may also be subject to notification regardless of the size of the stake.

Can I start the business before FIRB approval?

No. You must obtain FIRB approval (or confirm that no notification is required) before completing the investment. Proceeding with a notifiable action without approval – even if you subsequently receive approval – is a breach of the FATA and can result in penalties. The only exception is where FIRB grants an advance waiver allowing certain preliminary steps (such as signing conditional contracts), but the investment itself cannot be completed until approval is received. Contracts should include a condition precedent making settlement contingent on FIRB approval.

How do I check if I need FIRB approval?

Start by assessing three factors: (1) Are you a "foreign person" under the FATA? This includes individuals who are not Australian citizens or permanent residents, and corporations with 20%+ individual or 40%+ aggregate foreign ownership. (2) What type of investment are you making – business, land, or securities? (3) Does the value exceed the relevant monetary threshold for your country and investment type? FIRB provides a self-assessment tool on the Foreign Investment Portal to help you determine your notification obligations. For complex situations, we recommend seeking professional advice before proceeding. Contact us for a complimentary FIRB pre-screening assessment.

Does FIRB approval expire?

Yes. FIRB no-objection notifications are typically valid for 12 months from the date of issue. If you do not complete the investment within this period, you will generally need to lodge a new application and pay a new fee. Some approvals may specify a different validity period, either shorter or longer, depending on the nature of the investment. Exemption certificates also have defined validity periods, usually 12 months. Conditions attached to an approval (such as development conditions or reporting requirements) may extend beyond the approval validity period and must be complied with for as long as specified.

This guide provides general information about Australia's foreign investment framework and FIRB requirements. It is current as at March 2026 but is not a substitute for professional legal or financial advice. FIRB thresholds are indexed annually and fees are updated each financial year – always verify current figures at foreigninvestment.gov.au. For advice specific to your circumstances, contact Aus Business Register or call +61 2 8599 9890.

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