Australia: Government, Public Sector

The Australian Government’s May 2026 update to its foreign investment policy is already being interpreted in some quarters as a further tightening of the regime. That is, however, an incomplete reading. The changes are better understood as a more explicit calibration of risk - refining how foreign capital is assessed, rather than materially altering the underlying framework.

Australia's federal government welcomes foreign investment, but the Foreign Investment Review Board (FIRB) regime has become increasingly complex. This comprehensive guide examines critical considerations for foreign investors, including investor profiles, investment types, mandatory filing thresholds, available exemptions, procedural requirements, filing fees, and the Treasurer's enforcement powers.

Singapore and Southeast Asian investors looking to enter the Australian market through M&A face unique regulatory, structural and commercial considerations that differ significantly from their home jurisdictions. This comprehensive guide examines the typical transaction lifecycle, current investment trends between Singapore and Australia, and critical pre-transaction decisions around deal structure, FIRB clearance, and term sheet negotiations that can determine the success of cross-border acquisitions.

How much time can government agencies reasonably claim when refusing FOI requests on resource grounds? A recent Information Commissioner decision examines DFAT's 113.75-hour processing estimate for sanctions-related documents, clarifying when complexity, sensitivity and specialist review requirements justify substantial resource claims under section 24AA of the FOI Act.

Easements present significant challenges in property development, from securing third-party consent for infrastructure connections to navigating strict statutory requirements under Queensland's Planning and Building Acts. Understanding when easement holder consent is mandatory, what legal remedies exist when landowners refuse cooperation, and how approval conditions requiring new easements can create project uncertainty is essential for developers navigating these complex property rights.

New South Wales has passed comprehensive building legislation that consolidates existing approval and practitioner frameworks while introducing groundbreaking provisions for prefabricated and modular construction. The Building (Approvals and Practitioners) Bill 2026 awaits Governor assent, with its practical implications dependent on forthcoming regulations that will determine operational details and affected parties.

The Supreme Court of New South Wales recently refused to impose strict post-release supervision on a young man convicted of vandalism and arson, finding that his anti-Israel graffiti constituted political expression rather than antisemitic hate speech. This landmark judgment clarifies the legal boundaries between criticism of a foreign state and racial or religious hatred, while rejecting the International Holocaust Remembrance Alliance's working definition of antisemitism as too imprecise for Australian la

The second phase of New South Wales' most expansive overhaul of firearms regulation recently took place, marking the biggest leap in firearms and gun licence laws since the 1996 Port Arthur massacre. The reforms are enshrined in the Terrorism and Other Legislation Amendment Act 2025 (NSW), and were passed in an emergency sitting just days after the Bondi Beach terror attack in December 2025.

The Australian Government's 2026 Defence Industry Development Strategy outlines a comprehensive action plan to strengthen the nation's sovereign defence industrial base through procurement reform, industrial growth initiatives, and enhanced export capabilities. How will the establishment of the Defence Industry Hub, Industrial Development Agreements, and the new Defence Delivery Agency reshape Australia's defence sector and accelerate capability delivery?

The New South Wales Government has released a comprehensive policy framework for data centre investment, establishing six core principles that developments must address while promising streamlined planning approvals. The framework introduces significant new compliance obligations around energy procurement, cost recovery contributions, and demand flexibility, including a $200,000/MW Major Network Upgrade Fee and requirements for renewable energy agreements with minimum 40% wind component.

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.