How to register or manage an asset for foreign investors

What is an asset

An asset can be a:

• property – residential or commercial real estate, or agricultural land
• registrable water interest (water entitlement)
• business interest
• mining, production or exploration tenement.

How to register a new asset

You should check the information required to register the relevant asset type. Each asset must be registered separately.

Each entity is required to set up its own access to Online services for foreign investors and lodge its own register notices. The obligation to register applies on an entity-by-entity basis rather than on a corporate group basis. Each entity within a group will have its own registration obligations for:

• an action it takes or is deemed to take
• assets it holds or is deemed to hold.

For more information on what may give rise to a register requirement, see:

• Part 7A of the Foreign Acquisitions and Takeovers Act 1975External Link
• Guidance Note 15External Link (Register of Foreign Ownership of Australian Assets)
• Guidance Note 2External Link (Key Concepts), on the foreign investment website.

There is no fee payable to register assets.

Have the information you need ready to complete the registration in one session, as:

• the service will time out after 25 minutes of no activity
• you cannot save your progress to complete later.

To register an asset, log in to Online services for foreign investorsExternal Link then:

• select the Asset menu or Register asset quick link
• at the Asset page select Add then Register new asset.

The asset will have an Asset ID after it is registered.

What information you need to provide to register an asset

The information you need to provide to register an asset for:

• Residential property
• Commercial real estate
• Agricultural land
• Mining, production or exploration tenement
• Business interest
• Water entitlement

Each registration represents one property. If a property has both freehold and leasehold, you will need to register both assets separately.

Note: A property registration, usually agricultural or commercial land, can have up to 150 titles on the property. If the number of titles exceeds 150 you:

• need to add another registration
• should let us know in the other relevant information field if there are multiple registrations.

Residential property

You need to provide the following information to register residential property:

• Settlement date – the legal date ownership of the asset was transferred into the foreign person's name. This date can be found on the contract for the asset purchase, subject to any changes by the parties before settlement. This date will not always align with the date on the asset registration. If the property is leasehold, include the date the lease commenced as the settlement date.
• Date action was taken – the date the agreement had been entered into or an option obtained, regardless of if the transaction was completed or the legal title to the asset was obtained.
• Is this a national security action? If
  • Yes, enter the national interest security type
  • No, answer, is the asset being registered related to a no objection notification or exemption certificate?
• FIRB ID – this is the number you were provided when making your foreign investment application. It can also be found on your no objection notification or exemption certificate. When registering a residential property, make sure that:
  • you use the original 13 digits you were provided with, (for example, 0000123456789)
  • you do not include the 'FI' in front of the 13 digits.
  • if you varied the original residential application you use the number from the original application, not the variation.
• If you own the property with others as joint tenants, the owner registering the asset will also need the total number of joint tenants.
• Property name – if you have multiple properties use the property name to indicate the different properties and for easy reference in the future. This information will display on your list of registered assets.
• Address
• Percentage of ownership – this will be 100% unless the property is owned as tenants in common
• Consideration for the acquisition ($AUD)
• Title holding type (freehold or leasehold)
• Land titles – you will need to provide land title details depending on what you select:
  • lot, plan type, plan
  • volume or folio
  • section or block
  • allotment
  • parish or township
• If you know the land area
• Leasehold (option to select perpetual lease)
• Term of lease (months). There is no requirement to register a lease with a term of less than 5 years (60 months) unless it is reasonably likely at the time the interest was acquired it will exceed 5 years
• Lease end date
• Contact details for the entity or another person.

Commercial real estate

You need to provide the following information to register commercial real estate:

• Settlement date – the legal date ownership of the asset was transferred into the investors name. This date can be found on the contract for the asset purchase, subject to any changes by the parties before settlement.
• Date action was taken – the date the agreement had been entered into or an option obtained, regardless of if the transaction was completed or the legal title to the asset was obtained.
• Is this a national security action? If
  • Yes, enter the national interest security type
  • No, the asset being registered related to a no objection notification or exemption certificate
• Foreign investment submission ID – this is the number you were provided when making your foreign investment application and can also be found on your no objection notification or exemption certificate. Make sure you insert the information using the format:
  • FI followed by the application year and your 5 digit number, for example, FI2022/12345
  • If your original application was varied, use the number from the varied application, not the original
  • if you did not require approval to acquire the asset, type FI1
• if you own the property with others as joint tenants, the owner registering the asset must include the total number of joint tenants
• Main business ANZSIC code - this is only required if you have selected 'Developed' as the Commercial real estate type.
• Property name – if you have multiple properties use the property name to indicate the different properties and for easy reference in the future. This information will display on your list of registered assets.
• Address
• Percentage of ownership
• Consideration for the acquisition ($AUD) – if leasehold, consideration is generally the total amount paid over the term of the lease including any options. For lease terms greater than 20 years, adjust the consideration to reflect the first 20 years of payments
• Holding type
• Land titles – you will need to provide land title details depending on what you select:
  • lot, plan type, plan
  • volume or folio
  • section or block
  • allotment
  • parish or township
• If you know the title land area or floor space
• Contact details for the entity or another person.

Agricultural land

You need to provide the following information to register agricultural land:

• Settlement date – the legal date ownership of the asset was transferred into the investors name. This date can be found on the contract for the asset purchase, subject to any changes by the parties before settlement.
• Date action was taken – the date the agreement had been entered into or an option obtained, regardless of if the transaction was completed or the legal title to the asset was obtained
• Is this a national security action? If
  • Yes, enter the national interest security type
  • No, the asset being registered related to a no objection notification or exemption certificate
• Foreign investment submission ID – this is the number you were provided when making your foreign investment application. It can also be found on your no objection notification or exemption certificate. Make sure you insert the information using the format:
  • FI followed by the application year and your 5-digit number, for example, FI2022/12345
  • If your original application was varied, use the number from the varied application, not the original
  • If you didn't require approval to acquire the asset, type FI1
• If owned as joint tenants, the owner registering the asset will also need the total number of joint tenants
• Property name – if you have multiple properties use the property name to indicate the different properties and for easy reference in the future. This information will display on your list of registered assets.
• Address
• Percentage of ownership
• Consideration for the acquisition ($AUD) – if leasehold, consideration is generally the total amount paid over the term of the lease including any options. For lease terms greater than 20 years, adjust the consideration to reflect the first 20 years of payments
• Title holding type (freehold or leasehold)
• Land title – you will need to provide land title details depending on what you select:
  • lot, plan type, plan
  • volume or folio
  • section or block
  • allotment
  • parish or township
• Land use details and percentage
• Title land area in square metres
• Leasehold (option to select perpetual lease)
• Term of lease (months). There is no requirement to register a lease with a term of less than 5 years (60 months) unless it is reasonably likely at the time the interest was acquired it will exceed 5 years
• Lease end date
• Contact details for the entity or another person.

Mining production or exploration tenement

You need to provide the following information to register mining production or exploration tenement:

• Licence issue date – the date the licence was initially granted from the issuing authority, such as a lease or mortgage over the original licence. If you acquired your interest from a third party, the licence issue date will be when your interest commenced
• Date action was taken – the date the agreement had been entered into or an option obtained, regardless of if the transaction was completed or the legal title to the asset was obtained
• Is this a national security action (including national security land and national security business)?
• Foreign investment submission ID – if you required approval to obtain the interest, this is the number you were provided when making your foreign investment application. It can also be found on your no objection notification or exemption certificate. Make sure you insert the information using the format:
  • FI followed by the application year and your 5 digit number, for example, FI2022/12345
  • If your original application was varied, use the number from the varied application, not the original
• Information from the licence – licence number, issuer, issuing state or territory, licence type (mining or production or exploration)
• Licence end date – the date the licence granted from the issuing authority expires, such as a lease or mortgage over the original licence. If you acquired your interest from a third party, the licence end date will be when your interest ends
• Sector (Classes ANZSIC code – Level 4)
• Percentage of ownership – if acquiring from a third party in your name only, this will be 100%
• Land area – if acquiring from a third party, the land area of the interest you have acquired, not the entire licence size
• Location
• Other relevant information – if you acquired the interest from a third party, include details stating who issued the interest and type of interest such as lease, mortgage or profit sharing arrangement
• Contact details for the entity or another person.

Business interest

You need to provide the following information for a registrable business interest:

• Acquisition date – this is the legal date the foreign person took ownership of the business
• Date the action was taken – this is the date the agreement had been entered into or an option obtained, regardless of if the transaction was completed or the legal title to the asset was obtained
• Is this a national security action (including national security land and national security business)?
• Foreign investment submission ID – this is the number you were provided when making your foreign investment application and can also be found on your no objection notification or exemption certificate. Make sure you insert the information using the format:
  • FI followed by the application year and your 5 digit number, for example, FI2022/12345
  • If your original application was varied, use the number from the varied application, not the original
  • if you did not require approval to acquire the asset, type FI1
• Business interest type
• ABN or ACN (if ACN business or entity name and main business location)
• Main business activity ANZSIC code
• Percentage of ownership
• Consideration for the acquisition ($AUD) (not for business agreement or constituent document)
• Nature of business agreement or constituent document, if relevant
• Contact details for the entity or another person.

Water entitlement

You need to provide the following information for a registrable water interest (water entitlement):

• Entitlement issue date – this is the date the water licence was issued
• Date action was taken – this is the date the agreement had been entered into or an option obtained, regardless of if the transaction was completed or the legal title to the asset was obtained
• Is this a national security action, if
  • No, the asset being registered related to a no objection notification or exemption certificate
  • Yes, enter the national interest security type (National interest, Notifiable national security, Reviewable national security)
• Foreign investment submission ID – this is the number you were provided when making your foreign investment application and can also be found on your no objection notification or exemption certificate. Make sure you insert the information using the format:
  • FI followed by the application year and your 5 digit number, for example, FI2022/12345
  • If your original application was varied, use the number from the varied application, not the original
  • if you did not require approval to acquire the asset, type FI1
• Entitlement type (Water access entitlement, Irrigation right, Lease – contractual right, Water access right)
• Issuing entity type and name (State water authority, Irrigation infrastructure operator, Other – third party, Non-water State authority)
• Entitlement number
• Water system
• Entitlement number
• Percentage of ownership
• Water use details and percentage
• Volume (megalitres)
• Contact details for the entity or another person.

How to add a joint tenant to a registered asset

After an asset has been registered by one joint tenant owner, other owners must add themselves to the asset from the original application, not register a new asset. Generally, a joint tenant is 2 or more persons that hold property jointly and each owns an undivided share of the whole.

Note: If the asset is owned as tenants in common, where 2 or more people separately own a percentage of the asset, all owners must register the new asset with their percentage of ownership.

You can add a joint tenant to a registered asset from Online services for foreign investorsExternal Link, by

• selecting the Asset menu or Register asset quick link
• navigating to the Asset menu and selecting Add then Add joint tenant to registered asset.

You will need the:

• asset ID from the owner who registered the asset (all asset types)
• settlement date and address (property assets)
• entitlement issue date, type and number (water entitlement)
• acquisition date, interest type and the ABN or ACN (business interest)
• licence issue date, number and licence type (mining, production or exploration tenement).

How to update asset details

You can update a registered asset's details when there's a:

• change in circumstances
• divestment
• cancellation request (for a registration made in error).

To update an asset's details you need to add an event from Online services for foreign investorsExternal Link:

1. select the Asset menu or Register asset quick link
2. then select the registered asset.

From the Manage asset screen:

3. select the Event tab
4. then select Add then Event type, then either
   • Change in circumstances
   • Divestment
   • Cancellation request.

If something new has happened to the asset (for example, a dwelling has been demolished) add a Change in circumstances event.

Only use the Edit option to correct a mistake in an event you have added.

Change in circumstances

If there is any change to an asset or you need to update details of an asset, add a Change in circumstances event.

Changes in circumstances include:

• property assets where
  • there is a change in land type
  • construction is completed
  • a dwelling is demolished
• water assets, if there is a change to volume of water
• business interest, if there is a change in ownership of an entity or business.

You will need the date the change happened (Event date).

Divestment

If you have sold or disposed of an asset, or redeveloped a property, you must update the asset using a Divestment event. This includes:

• full divestment
• partial divestment
• redevelopment (property only).

You will need:

• the sale or disposal of the asset date to complete the Event date
• an occupation date (redevelopment only)
• a value at divestment date (business interests and property).

Note: once an asset is fully divested, it cannot be changed or updated.

Cancellation request

Only use the Cancellation request where a registration was added in error. In other words, where it should never have been added as an asset.

If there is a mistake on the event use the Edit option instead.