Doing business in Australia answers some of the most common questions an overseas investor may ask when establishing a business presence in Australia. It aims to provide an introduction to the laws of Australia for overseas legal practitioners

This guide is divided into three main areas:

  • Section 1 provides an overview of Australia’s government, legal system and important regulatory bodies.
  • Sections 2, 3 and 4 answer some of the threshold questions an investor faces in considering how to enter the Australian market, such as: whether foreign investment approval is required or recommended for the particular investment, if the investment relates to the establishment of a new business, whether that business should be set up as a branch office or a subsidiary of the parent company; and if the investment, relates to the acquisition of an existing business, whether takeover laws will apply.
  • Sections 5-19 provide a summary of some of the important rules and regulations governing an investor’s day-to-day business activities in Australia - see list below.

Unless otherwise indicated, a reference to a “section” is a reference to a section of this guide.

A glossary at the end of this guide sets out a list of ail regulatory authorities and legislation referred to in this guide.

All dollar amounts are in Australian dollars.

As with other guides of this type, the information provided is of a general nature and is meant to aid the reader in identifying issues for which additional expertise must be sought, it is not a substitute for obtaining more detailed advice and it does not take into account the particular circumstances of the reader.

This guide is current as at July 2020.