Explore the complexities of foreign ownership in Australian assets. Delve into the new Register of Ownership of Australian Assets to understand what transactions are within the scope of the new register, examine the difficulties with private equity funds for foreign investors, and review considerations around Notifiable National Security Actions.
10:00am to 11:00am Difficulties with Private Equity Funds and How they are Treated Under the Legislation
- Core principles:
- foreign persons
- foreign government investors
- associates
- tracing of equity interests
- Application of core principles to private equity fund structures
- How The Treasury reviews private equity ownership and advisory arrangements
- Exemption certificates
Presented by Marcus Clark, Partner, Johnson Winter Slattery
Chair:
Elise Markwick, Partner, Martelli McKegg
9:00am to 10:00am New Register of Ownership of Australian Assets
The Register of Ownership of Australian Assets is a new register established under the Foreign Acquisitions and Takeovers Act 1975. Foreign persons are required to register certain actions on the register, including acquisition of certain interest in Australian land, water, entities and businesses and other assets.
- What is the register and what does it replace
- How does it work
- How to register transactions
- What transactions are within the scope of the new register (and what to do about actions outside the register, which still need to be notified to the Treasurer)
- What are the penalties for failure to register
Presented by Benjamin Adams, Special Counsel, Baker & McKenzie and Marissa Volaris, Associate, Baker & McKenzie
11:15am to 12:15pm National Security Space
- Notifiable National Security Actions v Reviewable National Security Actions
- Identifying whether a business is considered to be a national security business
- Examples of unexpected businesses that are captured
- Tips for applications concerning national security businesses
- Potential conditions to approval
Presented by Natasha Augustin, Special Counsel, K&L Gates
12:15pm to 1:15pm Investment into New Zealand
- Overview of New Zealand’s Overseas Investment Act
- Who is screened?
- What assets are screened?
- Screening rules
- Investments involving matters of national interest
- National security and public order screening
- Special rules for Australian investors
Presented by William Phillips, Principal advisor, Land Information New Zealand's Overseas Investment Assessment and Sherlene Ho, Senior Solicitor, Land Information New Zealand’s compliance team
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
11.00am to 11.15am Morning Break
Presenters
Ms. Elise Markwick, Partner, Martelli McKegg
Elise Markwick is a partner in the commercial property department at Martelli McKegg, Lawyers in Auckland. Elise advises investors and developers on the acquisition, development, associated financing, leasing and sale of commercial property. Elise obtained her B.A. LL.B from Auckland University and was admitted to the Bar in 1985.
Mr. Benjamin Adams, Special Counsel, Baker & McKenzie
Benjamin Adams is a Special Counsel in Baker McKenzie’s Commercial Real Estate Group. Having previously practiced in London and Sydney, he acts for major listed and unlisted institutions with a focus on cross-border capital transactions, predominately in the healthcare and life science sectors.
Ms. Natasha Augustin, Special Counsel, K&L Gates
Natasha has significant experience in mergers and acquisitions and equity capital markets. Natasha has advised on a broad range of commercial matters including initial public offerings, secondary raisings, market takeovers, schemes of arrangement, business sales and acquisitions, joint ventures, regulatory compliance and corporate advisory work. Natasha has extensive experience in navigating Australia's complex foreign investment regulatory regime. She has acted for a range of entities from foreign government organisations, large, listed entities to high wealth individuals, in acquisitions involving commercial matters, agricultural and commercial land, mining tenements and infrastructure. Natasha advises on the structuring of transactions to address the foreign investment regime, assists in the preparation of applications to Australia's Foreign Investment Review Board (FIRB) and works to obtain the appropriate approvals. While focusing on corporate and commercial issues, Natasha also plays an active role in ensuring access to justice is available for those less fortunate in the community and is a keen contributor to the firm's pro bono practice
Ms. Marissa Volaris, Associate, Baker & McKenzie
Marissa is an Associate in Baker McKenzie’s Melbourne Corporate (Funds) team. She acts for major listed and unlisted institutions on cross-border corporate and funds transactions.
Mr. Marcus Clark, Partner, Johnson Winter Slattery
Marcus Clark is a partner of Johnson Winter Slattery, based in Canberra. He has previously practised law in Bangkok, Gold Coast, Hong Kong, New York, Singapore and Sydney. Marcus is an author of Foreign Investment in Australia, published by Thomson Reuters, and serves as the Deputy Chairman of the Foreign Investment Committee of the Law Council of Australia
Mr. William Phillips, Principal Advisor, Land Information New Zealand
William is a principal advisor in Land Information New Zealand's Overseas Investment Assessment team. He is responsible for the operation of New Zealand's national security, public order and national interest regimes as it relates to overseas investment.
Ms. Sherlene Ho, Senior Solicitor, Land Information New Zealand
Sherlene is a Senior Solicitor in Land Information New Zealand’s compliance team. She provides legal advice to a team of investigators, and manages enforcement litigation taken against investor who breach New Zealand’s investment rules.
