The Australian government’s guidelines for the examination of foreign investments included the following key elements:12
1. The foreign investment must be consistent with Australia’s national interest.
2. Although investments by foreign government entities are permitted, the investor’s operations must be
independent from the relevant foreign government and require special consideration. This criterion reflects the fact that investors with links to foreign governments may not operate solely in accordance with normal commercial considerations and may instead pursue broader political or strategic objectives that could be contrary to Australia’s national interest.
3. An investor is subject to and must adhere to the law and observe common standards of business behavior.
4. An investment may not hinder competition or lead to undue concentration or control in the industry or sectors concerned.
5. An investment must not negatively affect Australian government revenue or other policies.
6. An investment must not affect Australia’s national security.
7. An investment must not negatively affect the operations and directions of an Australian business or its
contribution to the Australian economy and broader community. Key interests here would include impacts on imports, exports, local processing of materials, research and development and industrial relations.