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 18 September 2025, the Australian Government published the Net Zero Plan 2050 and six sectoral emissions-reduction plans covering Electricity & Energy, Industry, Transport, Built Environment, Agriculture & Land, and Resources. The Net Zero Plan establishes the overarching policy architecture to achieve Australia's 62–70% emissions-reduction target (below 2005 levels) by 2035 and net zero by 2050, structured around five "CLEAN" strategic priorities. The six sector plans provide detailed decarbonisation pathways, capex envelopes, and policy-instrument linkages that frame operation of the Future Made in Australia Act, the Critical Minerals Production Tax Incentive, the Capacity Investment Scheme, and the Safeguard Mechanism for the following decade. The plans were released simultaneously with Australia's updated 2035 Nationally Determined Contribution submitted to the UNFCCC.

Prime Minister Anthony Albanese announced the Critical Minerals Strategic Reserve (CMSR) on 24 April 2025 as a A$1.2bn election commitment in the 2025-26 Budget. The Department of Industry, Science and Resources released the design package on 12 January 2026, prioritising antimony, gallium, and rare earth elements as the initial focus minerals (A$1bn for offtake transactions drawn from an expanded A$5bn Critical Minerals Facility, plus A$185m for physical stockpiling and implementation). The Export Finance and Insurance Corporation Amendment (Strategic Reserve) Act 2026 passed Parliament on 31 March 2026 with effect 1 April 2026, giving Export Finance Australia (EFA) statutory power to enter offtake agreements, contracts for difference, forward contracts, and physical stockpiles for fuel and critical minerals. CMSR becomes operational in second half 2026.

Australia enacted the Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024 (No. 132, 2024) and its companion Imposition Act (No. 133, 2024), receiving royal assent on 10 December 2024, together implementing all three OECD/G20 GloBE charges in a single legislative cycle: an Income Inclusion Rule (IIR), an Undertaxed Profits Rule (UTPR), and a Qualified Domestic Minimum Top-up Tax (QDMTT). The IIR and QDMTT apply to fiscal years beginning on or after 1 January 2024 (retroactive at enactment); the UTPR applies to fiscal years beginning on or after 1 January 2025. All three charges apply to Australian members of MNE groups with consolidated annual revenue ≥ EUR 750 million, administered by the Australian Taxation Office.

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.

Act No. 9 of 2025, given Royal Assent on 14 February 2025, enacts the two production tax credits announced in the May 2024 Future Made in Australia package. Schedule 1 creates the Hydrogen Production Tax Incentive (HPTI): A$2/kg refundable tax offset for eligible renewable hydrogen produced with emissions intensity below 0.6 kgCO2e/kg H2. Schedule 2 creates the Critical Minerals Production Tax Incentive (CMPTI): a refundable 10% tax offset on eligible processing and refining expenditure for the 31 minerals on Australia's Critical Minerals List. Both offsets apply to production occurring between 1 July 2027 and 30 June 2040, capped at 10 years per project, administered by the ATO via new Divisions 419 (CMPTI) and 421 (HPTI) of the Income Tax Assessment Act 1997.

The Defence Trade Controls Amendment Act 2024 (C2024A00021) received Royal Assent on 8 April 2024 and created three new criminal offences in the Defence Trade Controls Act 2012: section 10A (supply of Defence and Strategic Goods List technology in Australia to a non-exempt foreign person); section 10B (secondary supply of DSGL Part 1 Munitions or Part 2 Dual-Use Sensitive/Very Sensitive goods or technology outside Australia when originally exported from Australia); and section 10C (provision of DSGL Part 1 services to foreign nationals outside Australia). All three offences carry maximum penalties of 10 years imprisonment or 2,500 penalty units (~A$782,500), or both. The offence framework commenced 1 September 2024 with a six-month compliance-transition period; criminal liability attached from 1 March 2025. The Act also codifies AUKUS-partnership exemptions, carving out supplies to and from citizens and permanent residents of the United Kingdom and United States, underpinning the licence-free trilateral technology-transfer environment sought under AUKUS Pillar 2.

Australia designated aluminium ores (including bauxite), alumina and aluminium hydroxide as "export sanctioned goods" for Russia under the Autonomous Sanctions (Export Sanctioned Goods -- Russia) Designation 2022, banning their export from Australia to Russia effective 20 March 2022. Prime Minister Scott Morrison announced the measure a day earlier as part of Australia's response to the invasion of Ukraine, framing it as an attack on Russia's aluminium industry, which sourced roughly 20% of its alumina from Australian supply. Rusal, Russia's dominant aluminium producer, was identified as the primary target.

The Autonomous Sanctions Act 2011 (Cth Act No. 38 of 2011; assented 12 April 2011, commenced 6 December 2011 with the Autonomous Sanctions Regulations 2011) is Australia's foundational parent statute enabling the entire autonomous sanctions regime — economic and travel measures imposed unilaterally by Australia independently of UN Security Council mandatory obligations. The Minister for Foreign Affairs may, by legislative instrument, impose targeted financial sanctions, travel bans, and vessel-dealing prohibitions on designated persons, entities, and vessels. As of 2026 the Act underpins Australia's autonomous sanctions programs against Russia, Iran, DPRK, Myanmar, Belarus, Syria, Venezuela, Zimbabwe, Libya, Ukraine (occupied territories), and other regimes, and was materially extended in December 2021 to authorise Magnitsky-style thematic human-rights and corruption sanctions. Structurally peer-foundational to the UK Sanctions and Anti-Money Laundering Act 2018 (SAMLA), Canada's Special Economic Measures Act 1992 (SEMA), Japan's FEFTA sanctions provisions, and the EU's Anti-Coercion Instrument — the ASA 2011 completes the G7+AU sanctions-parent-statute set in the IPTM register.