Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

On 19 May 2026, Treasurer Jim Chalmers announced a further overhaul of Australia's foreign investment framework under the Foreign Acquisitions and Takeovers Act 1975. The package introduces a performance target of processing all low-risk applications within 30 days from 1 January 2027, expands the exemption-certificate regime for repeat low-risk investors, and eliminates approval requirements for certain low-risk transaction types. Countervailing measures tighten the framework: enhanced compliance and enforcement powers are added for avoidance and non-compliance, and screening requirements are explicitly increased for sensitive sectors including critical minerals, critical infrastructure, critical technology, sensitive data, and defence-site-proximate assets.

On 17 May 2026, Treasurer Jim Chalmers signed the Foreign Acquisitions and Takeovers (Disposal of Interests in Northern Minerals Limited) Orders (No. 1) 2026 (F2026N00326), directing six China-linked foreign investors to divest a combined 1,678,895,780 shares in Northern Minerals Limited (ASX: NTU) within 14 days of the Orders commencing on 18 June 2026. The six named investors are: Real International Resources Limited (619.1m shares), Qogir Trading and Service Co. Limited (523.5m), Vastness Investment Group Limited (271.3m), Chuanyou Cong (130.1m), Hong Kong Ying Tak Limited (95.3m), and Zhongxiong Lin (39.7m), together representing approximately 17.6% of NTU's total shares. NTU owns the Browns Range Heavy Rare Earths Project in Western Australia, one of the few ex-China commercial-scale dysprosium and terbium deposits. These orders are the second tranche of Treasurer-forced divestment of Chinese shareholders in NTU, distinct from the AUD 14 million Federal Court penalty imposed on Indian Ocean International Shipping in January 2026 for non-compliance with the June 2024 disposal orders.

On 30 January 2026, Justice Perram of the Federal Court of Australia ordered Indian Ocean International Shipping and Service Company Ltd and its sole director Ms Jing Tian to pay a combined AUD 14 million civil penalty (Indian Ocean AUD 10 million; Ms Tian AUD 4 million) for contravening a June 2024 Treasurer disposal order under the Foreign Acquisitions and Takeovers Act 1975 (Cth). The disposal order had directed Indian Ocean to divest its 613.5 million shares in Northern Minerals Limited (ASX: NTU) — operator of the Browns Range heavy-rare-earth dysprosium and terbium project in Western Australia — by September 2024 on national security grounds. Instead, Indian Ocean transferred its NTU shares to Ms Tian in August 2024, who briefly returned then re-received them before Ms Tian transferred all 100 of her Indian Ocean shares to Ms Ning Lyu and resigned as director. The court ruled these transfers constituted a breach of the disposal order. This is the first civil-penalty action brought by an Australian Treasurer under the Foreign Acquisitions and Takeovers Act since its introduction in 1975, and the first FIRB enforcement penalty outside the residential real estate sector.

Australia's Treasury applied its annual 1 January indexation to the monetary screening thresholds under the Foreign Acquisitions and Takeovers Act 1975, effective 1 January 2026. Most thresholds move with CPI (the 2026 update reflects roughly a 2.3% rise in the June-quarter CPI), producing country-specific changes where thresholds are set relative to free-trade agreement status or country-specific baselines — Global Trade Alert logged threshold decreases for Chile, New Zealand and the United States and increases for India, Hong Kong and Peru in this cycle. Fixed ($0) national- security, residential-land, media and foreign-government-investor thresholds and the non-indexed agricultural-land thresholds ($15m cumulative general; $50m for Thailand) are unchanged.

Mongolia's State Great Khural adopted Resolution No. 62 on 2 July 2025, establishing a Temporary Oversight Committee chaired by MP O. Batnairamdal to investigate the state's ownership interest and percentage in the Oyu Tolgoi Strategic Group of Deposits, including the valuation of JV License areas (Shivee Tolgoi and Javkhlant) held by Entrée LLC for the Entrée/OTLLC joint venture. The Committee conducted three-day public hearings in early December 2025, summoning approximately 300 witnesses including former Mongolian Prime Ministers and Presidents, and Rio Tinto CEO Stephen Scott. On 19 December 2025, the Committee submitted a draft resolution to Parliament, which was referred to the Standing Committee on Economics for further consideration ahead of government negotiations. The investigation creates material uncertainty for Rio Tinto's Oyu Tolgoi underground ramp-up (~480 kt/y Cu at peak) and Entrée Resources' JV License renewal, with the 2009 Investment Agreement potentially subject to renegotiation.

On 2 June 2024, Treasurer Jim Chalmers signed the Foreign Acquisitions and Takeovers (Disposal of Interests in Northern Minerals Limited) Orders 2024 (F2024N00475), directing five China-linked foreign investors to divest a combined 613,573,632 shares in Northern Minerals Limited (ASX: NTU) to non-associates by 2 September 2024 on national-security grounds. The five named investors are Yuxiao Fund Pte Ltd, Black Stone Resources Limited, Indian Ocean International Shipping and Service Company Limited, Ms Ximei Liu, and Mr Xi Wang, together holding approximately 10.4% of NTU's total shares. NTU owns the Browns Range Heavy Rare Earths Project in the East Kimberley region of Western Australia — one of the few commercial-scale dysprosium and terbium deposits outside China. This is the foundational FATA s.69(2) disposal-order instrument; non-compliance led to an AUD 14 million Federal Court penalty in January 2026 and a second tranche of disposal orders against six further China-linked investors in May 2026.