Fees vary according to the type of application and whether the decision will be made by the relevant Ministers or the Overseas Investment Office (OIO).

Here the OIO reproduces all the fees as detailed in Schedule 2 of the Overseas Investment Regulations 2005 (as amended by the Overseas Investment Amendment Regulations 2016), including administrative and other fees.

On this page:

  1. About application fees
  2. Retrospective consents
  3. Fee Schedule

About application fees

Fees and charges (see Regulation 29 of the Overseas Investment Regulations 2005) are detailed in Schedule 2 of the Regulations. Fees and charges were increased as from 4 July 2016 to enable the Regulator to fully recover its costs. Changes were also made to some fees to rationalise the charging structure. Refer to relevant Cabinet papers and Regulatory Impact Statement for more information.

Fees are determined by the sensitive asset type for which consent is being sought (for example, sensitive land only, significant business assets only, sensitive land and significant business assets or fishing quota), the type of transaction (for example, consent, variation, or exemption), and whether the decision is ministerial or delegated (read the Ministers' current Designation and Delegation Letter). Fees for applications involving a land decision only will also vary depending on the value of the consideration and whether the benefit test is required, and if so, whether the test is ‘benefit only’ or ‘substantial and identifiable benefit’ (i.e. whether section 16(1)(e)(i) applies, or 16(1)(e)(ii) applies, or both 16(1)(e)(ii) and 16(1)(e)(iii) apply).

An application for consent must be accompanied by the relevant fee - see section 23(1)(f) of the Overseas Investment Act 2005 and Regulation 30 of the Regulations. Neither the Regulator nor the relevant Ministers can grant consent without the application fee first having being paid. The OIO does not have the power to refund application fees.

How do I know who will decide the application for consent?

Retrospective consents

It is possible under section 25(1)(f) of the Act for retrospective consent to be granted. Under section 53 of the Act, the Regulator may require the applicant for a retrospective consent to pay a penalty before the consent is granted. Regulation 32 of the Regulations states that the applicant may be required to pay an administrative penalty of up to $20,000 in addition to the consent fee. Regulation 32 sets out the matters the Regulator must have regard to in determining the administrative penalty.

Where retrospective consent is applied for, the relevant consent fee (as set out in the fee schedule below) must be paid at the time the application is filed. The Regulator will then notify the applicant of the amount of the administrative penalty that is payable before retrospective consent is granted.

Fee schedule

The following tables detail the fees and charges effective from 4 July 2016.

Part 1: Sensitive land only

This table shows the fees for applications relating to overseas investments in sensitive land only.

ApplicationCost

Consent applications, where

  • section 16(1)(e)(i) of the Act applies, and
  • the value of the consideration is stated in the application and is less than $1 million
$22,500

Consent applications, where

  • section 16(1)(e)(i) of the Act applies, and
  • value of the consideration is $1 million or more, or is not stated in the application
$29,500

Consent applications, where

Relevant Ministers
$37,500

Regulator
$35,500

Consent applications, where

Relevant Ministers
$43,500

Regulator
$41,500

Consent applications determined by relevant Ministers or regulator, where

Relevant Ministers
$42,500

Regulator
$40,500

Consent applications determined by relevant Ministers or regulator, where

Relevant Ministers
$49,000

Regulator
$47,000

Variation of consent or consent conditions
(including addition to and revocation of conditions of consent)

$13,000
Each exemption under Regulation 37$25,500

Part 2: Significant business assets only

This table shows the fees for applications relating to overseas investments in significant business assets only.

ApplicationCost
Consent for a transaction$32,000

Variation of consent or conditions of consent
(including addition to and revocation of conditions of consent)

$13,000
Each exemption under Regulation 37$25,500

Part 3: Sensitive land and significant business assets

This table shows the fees for applications relating to overseas investments in sensitive land and significant business assets.

ApplicationCost
Consent for a transaction

Relevant Ministers
$54,000

Regulator
$52,000

Variation of consent or conditions of consent
(including addition to and revocation of conditions of consent)
$13,000
Each exemption under Regulation 37$25,500

Part 4: Fishing quota

This table shows the fees for applications relating to overseas investments in fishing quota.

ApplicationCost
Consent for a transaction$40,000
Variation of consent or conditions of consent
(including addition to and revocation of conditions of consent)
$13,000
Each exemption under Regulation 37$40,000

Part 5: Other applications

This table shows the fees for other applications.

ApplicationCost
Each exemption under Regulation 37 by addition to Schedule 3 or Schedule 4$560 per hour
Monitoring compliance with conditions of exemption under Regulation 37 by addition to Schedule 3 or Schedule 4$560 per hour

Part 6: Information and services

This table shows the fees for administrative and information services.

ServiceCost
Request for provision of information or services$168 per hour