Department of the Treasury

Guidance material and briefing documents related to foreign investment conditions

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This FOI release from Treasury contains a ministerial submission to the Treasurer (MS23-000141, February 2023) on an enhanced risk-based framework for foreign investment decision-making, alongside Foreign Investment Review Board papers from December 2021, February 2023 and May 2023 and a July 2022 guidance note. The papers cover the Foreign Investment Conditions Library, including a review of board and governance conditions that produced version 10 of the Library on 10 January 2023, and the endorsed guiding principles for conditions under section 74 of the Foreign Acquisitions and Takeovers Act 1975. The principles require conditions to be necessary, effective, risk-based and enforceable, and the May 2023 paper states that risks which cannot be addressed by a compliant condition should not be managed through conditions. Most of the substantive content is redacted, and no dollar figures, revenue estimates or internal disagreements appear in the visible text.

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