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Just in time: the full spectrum of amendments to the Security of Critical Infrastructure regime now passed
Insight 22 Apr 2022

The final anticipated amendments to the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) have been passed in the nick of time, making their way through the Senate in its last sitting before the 2022 Federal Election. These latest amendments introduce new and enhanced obligations for risk management programs and security respectively, and the concept of ‘systems of national significance’. ...

Proposed changes to FIRB approval rules
Insight 17 Feb 2022

On 14 February 2022, the Government released proposed changes to the FIRB approval rules, in the form of an exposure draft of the Foreign Acquisitions and Takeovers Amendment Regulations 2022 which would amend the Foreign Acquisitions and Takeovers Regulations 2015. We outline and comment on the changes proposed. ...

Expansion in scope of transactions subject to FIRB approval rules
Insight 15 Dec 2021

In this Insight, we look at the changes and comment on what they mean for transactions. The changes to the SOCI Act also have operational implications for many businesses – which we will separately publish on. ...

Linklaters Insights: Booming foreign investment in data centres faces regulatory heat
Insight 17 Nov 2021

Data centres, the warehouses underpinning the digital aspects of our working and home lives, have become red hot assets, with investors piling into the sector – and regulators in the West signalling their readiness to closely scrutinise foreign investment (FI). ...

Further security of critical infrastructure developments announced
Insight 08 Oct 2021

The Parliamentary Joint Committee on Intelligence and Security (Joint Committee) has recommended that businesses responsible for Australia's critical infrastructure be subjected to expanded governance assistance measures as a matter of urgency. If adopted, the recommendations would see the proposed Security Legislation Amendment (Critical Infrastructure) Bill 2020 (Draft Bill) separated into two bills. ...

Changes to FIRB Guidance Notes
Insight 26 Jul 2021

The Australian Government has finalised and released legislation to make major changes to Australia's foreign investment laws – commonly known as the 'FIRB regime' – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime. ...

Mandatory FIRB approval thresholds for acquisitions in Australian entities
Insight 23 Jun 2021

On, 1 January 2021 significant changes came into effect to Australia's (FIRB) remine.  To help you navigate the complexities of these new rules we have compiled a summary of the thresholds for determining whether a proposed acquisition of equity interests triggers an obligation to obtain 'FIRB approval' under the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). ...

Allocating FIRB completion risk in public M&A deals
Insight 22 Apr 2021

One of the issues a target board will need to consider when assessing a takeover by a foreign bidder is the mitigation of FIRB completion risk in the transaction, and the appropriate allocation of any residual risk between the bidder and the target. This is particularly an issue where the target's business includes critical infrastructure or raises national security issues. ...

FIRB regime updates: what you need to know
Insight

Webinar: FIRB regime updates: what you need to know ...

Overview of Australia's foreign investment approval (FIRB) regime
Insight 25 Jan 2021

Significant changes to Australia's foreign investment approval (FIRB) regime came into effect on 1 January 2021. Our FIRB experts have summarised the key information you need to know about how the new FIRB regime operates. ...

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