Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025 made under the Foreign Acquisitions and Takeovers Act 1975 Compilation No. 01 Compilation date: 24 February 2025 Includes amendments: Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 1) Approvals 2025 Prepared by The Treasury About this compilation This compilation This is a compilation of the Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025 that shows the text of the law as amended and in force on 24 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Name 3 Authority 5 Definitions Part 2—Approved manner for giving notices or making applications under the Act 6 Approved manner of notification and application Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Part 1—Preliminary 1 Name This instrument is the Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025. 3 Authority This instrument is made under the Foreign Acquisitions and Takeovers Act 1975. 5 Definitions Note: Expressions have the same meaning in this instrument as in the Foreign Acquisitions and Takeovers Act 1975 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003. In this instrument: ATO foreign investment email address means the email address FIPResidential@ato.gov.au. ATO Online Services means the electronic application forms made available for foreign investors accessible from onlineservices.ato.gov.au/ForeignInvestor/. build-to-rent development means a development of a building on land where: (a) the building has, or will have, 50 or more dwellings; and (b) each of those dwellings: (i) is, or will be, made available to the public to be tenanted by way of lease for periods of 5 years or more; or (ii) is being tenanted by way of lease as a result of being made available to the public to be tenanted by way of lease for periods of 5 years or more; and (c) all the dwellings, and common areas for the dwellings, are owned, or are intended to be owned, by a single person at any one time. Foreign Investment Portal means the web portal accessed by way of the "New Foreign Investment Portal" link on the webpage at www.foreigninvestment.gov.au. Treasury Application Portal means the web portal by way of the "submit a proposal" link on the webpage at www.foreigninvestment.gov.au. the Act means the Foreign Acquisitions and Takeovers Act 1975. the Regulation means the Foreign Acquisitions and Takeovers Regulation 2015. Treasury application email address means the email address foreigninvestmentapplications@treasury.gov.au. Treasury audit email address means the email address foreigninvestmentaudit@treasury.gov.au. Treasury compliance email address means the email address foreigninvestmentcompliance@treasury.gov.au. Treasury enquiries email address means the email address foreigninvestmentenquiries@treasury.gov.au. Treasury notification email address means the email address foreigninvestmentnotifications@treasury.gov.au. Part 2—Approved manner for giving notices or making applications under the Act 6 Approved manner of notification and application Under subsection 135(1) of the Act, for each type of notice or application mentioned in an item in the following table, the manner mentioned in that item of the table for the giving of the notice or making of the application is approved. Item Type of notice or application Approved manner for giving of the notice or making of the application 1 Notices given in relation to any of the following: One of the following manners: (a) notifiable actions (other than notifiable actions which relate only to interests in residential land); (a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal; (b) significant actions (other than significant actions which relate only to interests in residential land); (b) if the Treasury Application Portal is offlineby completing the form 'Application Form – Proposal' (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address. (c) notifiable national security actions; (d) reviewable national security actions. 2 Applications made for variations to no objection notifications given in relation to any of the following: One of the following manners: (a) actions described in paragraph 75(1)(b) of the Act (other than actions which only relate to interests in residential land); (a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal; (b) significant actions (other than significant actions which only relate to interests in residential land); (b) if the Treasury Application Portal is offlineby completing the form 'Application Form – Variation' (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address. (c) notifiable national security actions; (d) reviewable national security actions. 3 Applications made for exemption certificates under any of the following provisions: One of the following manners: (a) section 58 of the Act; (a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal; (b) sections 42, 43, 43BA and 43BB of the Regulation. (b) if the Treasury Application Portal is offlineby completing the form 'Application Form – Proposal' (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address. 4 Applications made for variations to exemption certificates made under any of the following provisions: One of the following manners: (a) section 58 of the Act (a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal; (b) sections 42, 43, 43BA and 43BB of the Regulation. (b) if the Treasury Application Portal is offlineby completing the form 'Application Form – Variation' (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address. 5 Notices given in relation to any of the following: Through the ATO Online Services (except in relation to a build-to-rent development). (a) notifiable actions which relate only to interests in residential land; In relation to a build-to-rent development—one of the following: (b) significant actions which relate only to interests in residential land. (a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal; (b) if the Treasury Application Portal is offlineby completing the form 'Application Form – Proposal' (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address. 6 Applications made for variations to no objection notifications given in relation to any of the following: Through the ATO Online Services (except in relation to a build-to-rent development). (a) actions described in paragraph 75(1)(b) of the Act which relate only to interests in residential land; In relation to a build-to-rent development—one of the following: (b) significant actions which relate only to interests in residential land. (a) if the Treasury Application Portal is onlinethrough the Treasury Application Portal; (b) if the Treasury Application Portal is offlineby completing the form 'Application Form – Proposal' (available at www.foreigninvestment.gov.au) and sending the completed form by electronic mail to the Treasury application email address. 7 Applications made for exemption certificates under any of the following provisions: Through the ATO Online Services. (a) sections 57 and 59 of the Act; (b) sections 43A and 43B of the Regulation. 8 Applications made for variations to exemption certificates made under any of the following provisions: Through the ATO Online Services. (a) sections 57 or 59 of the Act, (b) sections 43A and 43B of the Regulation. 9 Notices required under a condition included in any of the following: Through the Foreign Investment Portal. (a) an exemption certificate made under any of the following provisions: (i) section 58 of the Act; (ii) sections 42, 43,43BA and 43BB of the Regulation; (b) a no objection notification (other than a no objection notification which relates only to interests in residential land); or (c) another notice imposing conditions (other than a notice which relates only to interests in residential land). 10 Notices required under a condition included in any of the following: Any of the following manners: (a) an exemption certificate made under any of the following provisions: (a) if an email address is specified in a certificate, notification or notice mentioned in paragraphs (a), (b) or (c) for giving this type of noticeby electronic mail to that email address; (i) section 57 and 59 of the Act; (b) in all casesby electronic mail to FIRBcompliance@ato.gov.au. (ii) sections 43A and 43B of the Regulation; (b) a no objection notification which relates only to interests in residential land; (c) another notice imposing conditions which relates only to interests in residential land. 11 A notification made for the purposes of paragraph 101(1)(b) of the Act (other than a notice which relates only to interests in residential land). Any of the following manners: (a) by electronic mail to the Treasury compliance email address; (b) by electronic mail to the Treasury application email address; (c) through the Foreign Investment Portal; (d) by electronic mail to the Treasury enquiries email address; (e) by electronic mail to the Treasury notification email address; (f) by electronic mail to the Treasury audit email address. 12 A notification made for the purposes of paragraph 101(1)(b) of the Act which relates only to interests in residential land. Any of the following manners: (a) by completing the 'Disclosure and Tip‑off' form available at www.ato.gov.au; (b) by electronic mail to FIRBcompliance@ato.gov.au; (c) by electronic mail to ATO foreign investment email address. 13 Notices given for the purposes of subsections 98C(2), 98D(2) and 98E(3) of the Act. Through the Foreign Investment Portal. 14 Types of notices and applications not mentioned in any other item of this table. One of the following manners: (a) if the Treasury Application Portal is online and accepts the kind of noticethrough the Treasury Application Portal; (b) if the Treasury Application Portal is offline or cannot accept the kind of noticeby electronic mail to the Treasury application email address. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted orig = original am = amended par = paragraph(s)/subparagraph(s) amdt = amendment /sub‑subparagraph(s) c = clause(s) pres = present C[x] = Compilation No. x prev = previous Ch = Chapter(s) (prev…) = previously def = definition(s) Pt = Part(s) Dict = Dictionary r = regulation(s)/rule(s) disallowed = disallowed by Parliament reloc = relocated Div = Division(s) renum = renumbered exp = expires/expired or ceases/ceased to have rep = repealed effect rs = repealed and substituted F = Federal Register of Legislation s = section(s)/subsection(s) gaz = gazette Sch = Schedule(s) LA = Legislation Act 2003 Sdiv = Subdivision(s) LIA = Legislative Instruments Act 2003 SLI = Select Legislative Instrument (md not incorp) = misdescribed amendment SR = Statutory Rules cannot be given effect Sub‑Ch = Sub‑Chapter(s) mod = modified/modification SubPt = Subpart(s) No. = Number(s) underlining = whole or part not o = order(s) commenced or to be commenced Ord = Ordinance Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Foreign Acquisitions and Takeovers (Manner of Notification and Application) Approvals 2025 21 January 2025 22 January 2025 (F2025N00046) Foreign Acquisitions and Takeovers (Manner of Notification and Application) Amendment (2025 Measures No. 1) Approvals 2025 21 February 2025 24 February 2025 (F2025N00159) Endnote 4—Amendment history Provision affected How affected s2 rep LA s48D s4 rep F2025L00159 s5 am F2025L00159 s6 Am F2025L00159 Schedule 1 rep F2025L00159