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Australian Treasury Reports Faster Foreign Investment Application Processing Amidst Increased Focus on Compliance and Enforcement

The Australian Treasury, which administers Australia's foreign investment framework, has released its first quarterly report for the 2024-25 financial year. Here are some key statistics and trends from the report. Treasury...more

The Regulation of Foreign Direct Investment in Australia: Australian Treasury's Recent Facts and Figures

The Background: The Australian Treasury has released its second quarterly report of the 2023–24 financial year covering the regulation of foreign investment in Australia during the quarter ended 31 December 2023....more

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more

Changes to Disclosure in Annual Reports: New Australian Requirements to Report on Subsidiaries

The Australian Federal Parliament recently introduced new requirements for public companies to disclose information about their subsidiaries in their annual report by legislating the Treasury Laws Amendment (Making...more

Substantial Strengthening of Australia's Foreign Bribery Laws: Are Your Procedures up to Scratch?

The Situation: The Australian Federal Parliament has passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 ("Act"), some six years after a bill to create a 'failure to prevent' foreign bribery offence...more

United States Leads the Way With Recent Foreign Investment Into Australia

The Australian Treasury has released its first quarterly report ("Report") for the 2023-24 financial year covering the regulation of foreign investment in Australia....more

Australia's New Register of Foreign Ownership of Australian Assets Commences on July 1, 2023

In Short - The Situation: From July 1, 2023, foreign investors in Australia will be subject to new registration requirements under Australia's foreign investment regime....more

Australia Foreign Investment Fees Set to Double

The Situation: The Australian Government has doubled Foreign Investment Review Board ("FIRB") application fees payable by investors who are required to seek approval under the Foreign Investments and Takeovers Act 1975 (Cth)...more

The Australian Parliament Enacts Magnitsky-style Laws

Australia's Existing Autonomous Sanctions Regime - Australia's existing autonomous sanctions regime is set out in the Autonomous Sanctions Act 2011 (Cth) ("Act")....more

The Future Direction of Corporate Criminal Responsibility in Australia

On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more

Australian High Court: Compulsory Examination of Employee not Tantamount to Compulsion of Corporate Accused

The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more

COVID-19 and Australia's Foreign Investment Regime

The Situation: The Australian Government has temporarily reduced the monetary thresholds under the Foreign Investments and Takeovers Act 1975 (Cth) ("the Act")?which had long been in place to exempt some foreign investment...more

ALRC Proposes Significant Reforms for Australia's Corporate Criminal Liability Regime

The Situation: The Australian Law Reform Commission ("ALRC") has released its much anticipated Discussion Paper on Australia's corporate criminal responsibility regime, which provides the ALRC's preliminary views in relation...more

Changes Ahead for Australia’s Corporate Criminal Liability Regime

The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The...more

Compulsion of Employee Evidence That May Incriminate Corporate Employers: The High Court Deliberates

The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more

Where to Go With "Go Shops" in Australian M&A?

The Situation It was recently reported that an Australian proxy adviser had queried whether the directors of a substantial Australian Securities Exchange-listed ("ASX") target, DuluxGroup, should have negotiated a Go Shop...more

ACCC and FBI Sign Memorandum of Cooperation to Combat Cartels

The Australian Competition and Consumer Commission ("ACCC") has signed a new memorandum of cooperation ("MOC") with the United States Federal Bureau of Investigation ("FBI"). The interagency agreement was signed in Washington...more

"Absolute Liability" for a Failure to Prevent Foreign Bribery: Significant Change Ahead in Australia?

On 6 December 2017, Australia's Federal Government tabled the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 ("Bill"), which contains various amendments to Australia's foreign bribery regime, including...more

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