Screen a resources acquisition for a foreign investment notification
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the term sheet, record the acquirer, whether the acquirer is described as a foreign person or a foreign government investor, the target, whether the interest is a mining or production tenement, an exploration tenement, securities in a mining entity, or the underlying land, the percentage, and whether the papers describe the land as national security land. Do not decide that a notification is required.
- What the lawyer must review
- The lawyer decides whether a submission to the Treasurer is required before the acquisition. The foreign investment guidance on mining, updated 2 January 2026, states that foreign investors are generally required to notify before acquiring an interest in a tenement or the underlying land used for a mining operation. A mining or production tenement is Australian land, and an acquisition of an interest generally requires a submission regardless of value. A higher monetary threshold applies for private investors from certain free trade agreement partners. An interest in a mining or production tenement that is national security land has a nil threshold for all foreign investors. For a foreign government investor, an acquisition of at least 10 per cent of the securities of a mining, production or exploration entity is a notifiable and significant action regardless of value. For a private investor, securities in such an entity may be a notifiable or significant action. The lawyer checks the current thresholds before advice is given. The guidance note's dollar thresholds for agreement partners were not on the HTML page and are not stated here.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the percentage and the asset description against the term sheet.
- Separate a mining or production tenement from an exploration tenement and from securities in the entity.
- Confirm national security land has not been assumed. Record only what the papers say, and leave the nil-threshold conclusion to the lawyer.
Sources
- Foreign investment in Australia: Mining · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.