Chapter 2

Chapter 2

Individual 2013–14 Annual Reports

2.1        On this occasion, the committee has decided to examine in more detail the following annual report tabled by 30 April 2015 or before the tabling of this Report on Annual Reports on 8 September 2015:

2.2        For the Treasury portfolio:

Report under the Treasury portfolio

Foreign Investment Review Board—annual report 2013–14

Reporting requirements

2.3        The committee notes that the annual report of the Foreign Investment Review Board (FIRB or Board) is not statutorily mandated, but prepared in accordance with the Board's responsibility to advise the government on foreign investment matters.

2.4        The Board is a non-statutory body responsible for advising the Treasurer and the government on Australia's Foreign Investment Policy (the Policy) and its administration. It examines foreign investment proposals submitted under the Foreign Acquisitions and Takeovers Act 1975 (the Act) and under the Policy (the latter being the second element of Australia's foreign investment screening regime). The Board is supported by the Department of the Treasury through its Foreign Investment and Trade Policy Division, which provides secretariat and administrative services.[1]

Operational matters

2.5        The FIRB reported an increase in total expenses for 2013–14 of $328,048 compared to the previous period of $257,501. Most of the Board's expenses were expended on the remuneration of Board members (about 90 per cent) determined by the Remuneration Tribunal, with the remainder expended on travel, car hire and incidentals.[2] The total expenses for the Division over the same reporting period were $3.9 million, which is a decrease from the preceding reporting period's total of $4.0 million. Expenses were mainly comprised of employee salary (including superannuation and accruing leave entitlements) and administrative costs, and with an average of 28 staff employed over the course of 2013–14.[3]

2.6        In 2013‒14, the Board reported 24,102 applications for foreign investment proposals were approved from a total of 25,005 applications. Three applications were rejected, 719 withdrawn and 181 were exempt from being subject to the Policy or the Act.[4]

2.7        Among the more high profile foreign investment applications examined by the FIRB was Archer Daniels Midland Company's proposed acquisition of GrainCorp Limited, which was rejected on 29 November 2013 on the basis it would be contrary to the national interest.[5]

2.8        Similarly, the FIRB reported that foreign investment in agriculture and residential real estate—sectors that have attracted significant public and political interest—had come under close scrutiny. The Board contributed to these issues through its participation in the House of Representatives Standing Committee on Economics' Inquiry into Foreign Investment and Residential Real Estate.[6]

2.9        Of the 24,105 applications decided during the reporting period (those approved or rejected, but not exempt or withdrawn), 23,205 were decided within the Division under the Treasurer's authorisation and 900 were decided by another Treasury minister. Over 99 per cent of application proposals were decided within 30 days. For proposals which took more than 30 days, the reason was attributed to a lack of sufficient information or to significant complexity or sensitivity.[7]

2.10      During 2013–14, the real estate sector remained the largest industry by value of approved proposed investment at $74.59 billion, followed by the services sector at $53.44 billion. Other major sectors included: mineral exploration and development, with approved proposed investment of $22.41 billion and manufacturing, with approved proposed investment of $10.47 billion.[8]

2.11      The reporting period was marked by a significant reduction in mining investments (down by $23.12 billion) and an increase in investments into the services sector (up by $27.5 billion).[9] The number of approved proposals in the mining sector decreased from 289 to 248 proposals.[10] In contrast, the number of approvals for the services sector increased from 154 to 195 and proposed investment increased from $26 billion to $53 billion.[11] The value of investment for 2013–14 also increased from 2012–13 for services; agriculture, forestry and fishing; manufacturing; tourism and real estate.[12]

2.12      In 2013‒14, China became the largest source of approved proposed foreign investment in Australia, with $27,650 million in value (17 per cent of the total value),[13] of which most were in residential real estate. The United States, previously the largest source of approved proposed foreign investment, came in at second with $17,457 million in investment. Other major sources of proposed investment were Canada ($15,442 million), Malaysia ($7,232 million) and Singapore ($7,062 million), with the latter two replacing Switzerland and the United Kingdom in the top five sources of investment.[14]

Senator Sean Edwards
Chair

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