Investment Policy Monitor
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UNCTAD has been collecting information on changes in national foreign direct investment (FDI) policies on an annual basis since 1992. This collection has provided input to the analysis of global and regional investment policy trends in the World Investment Report, the quarterly Investment Policy Monitor (since 2009) and the UNCTAD-OECD Reports on G20 Measures.
In 2011, to further strengthen the quality of reporting, UNCTAD revised the methodology of monitoring investment policy measures. and revised the measures going back to 2000 accordingly.
The Investment Policy Monitor provides the international investment community with country-specific, up-to-date information about the latest developments in foreign investment policies.
Through its monitoring of investment policy changes, UNCTAD offers cutting-edge and innovative contributions to investment policy discourse, and contributes to preparing the ground for future policymaking in the interest of making foreign investment work for growth and development.
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Note: the policy measures are identified through a systematic review of government and business intelligence sources. Measures are verified, to the fullest extent possible, by referencing government sources. The compilation of measures is not exhaustive.
Disclaimer: the boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
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- Australia - Expands the list of critical assets subject to FDI approval
Australia
Expands the list of critical assets subject to FDI approval
02 Dec 2021On 2 December 2021, the Security Legislation Amendment (Critical Infrastructure) Act 2021 (SLACI Act) entered into force. In light of increasing security threats identified during the legislative process, the Act fast-tracks certain changes to the Security of Critical Infrastructure Act 2018 (SOCI Act) initially proposed by the Security Legislation Amendment (Critical Infrastructure) Bill 2021. The Amendment Act significantly expands the types of critical infrastructure assets contained in the SOCI Act , which consequently broadens the meaning of "national security business" as defined in the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) and corresponding regulations, the Foreign Acquisitions and Takeovers Regulation 2015 (Cth) (FATR).
The following were added to the list of critical infrastructure assets: Telecommunications; Broadcasting; Domain name systems; Data storage or processing; Banking; Superannuation; Insurance; Financial market infrastructure; Energy market operator; Liquid fuel; Hospital; Education; Food and grocery; Freight infrastructure; Freight services; Public transport; Aviation; and Defence industry.
If a foreign investor proposes to invest in an Australian national security business, the action is likely to be considered a notifiable national security action which will require preapproval from the Federal Treasurer of Australia.
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Type:
- Entry and establishment (Ownership and control, Approval and admission)
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Industry:
- Services (Electricity, gas, steam and air conditioning supply, Transportation and storage, Publishing, audiovisual and broadcasting activities, Telecommunications, Computer programming, consultancy and related activities, Financial and insurance activities, Public administration and defence; compulsory social security, Education, Human health activities)
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Sources:
- Government portal, Security Legislation Amendment (Critical Infrastructure) Act 2021, No. 124, 2021, https://www.legislation.gov.au/Details/C2021A00124, 02 Dec 2021
- Deloitte, Expanded "notifiable national security actions" under foreign investment laws, https://www.taxathand.com/article/22798%2FAustralia%2F2022%2FExpanded-notifiable-national-security-actions-under-foreign-investment-laws, 04 Feb 2022
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UNCTAD has been collecting information on changes in national foreign direct investment (FDI) policies on an annual basis since 1992. This collection has provided input to the analysis of global and regional investment policy trends in the World Investment Report, the quarterly Investment Policy Monitor (since 2009) and the UNCTAD-OECD Reports on G20 Measures.
In 2011, to further strengthen the quality of reporting, UNCTAD revised the methodology of monitoring investment policy measures. and revised the measures going back to 2000 accordingly.
The Investment Policy Monitor provides the international investment community with country-specific, up-to-date information about the latest developments in foreign investment policies.
Through its monitoring of investment policy changes, UNCTAD offers cutting-edge and innovative contributions to investment policy discourse, and contributes to preparing the ground for future policymaking in the interest of making foreign investment work for growth and development.
-
Note: the policy measures are identified through a systematic review of government and business intelligence sources. Measures are verified, to the fullest extent possible, by referencing government sources. The compilation of measures is not exhaustive.
Disclaimer: the boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.