GRT Alert: Treasury Consults on Notification Thresholds

Treasury has released the exposure draft of the Competition and Consumer (Notification of Acquisitions) Determination for consultation. This draft legislative instrument sets out critical details of the new mandatory merger clearance regime, commencing 1 January 2026, including:

The notification thresholds for acquisitions;
Tailored notification requirements for major supermarkets (Coles and Woolworths); and
Proposals for short form vs long form notification processes.

The ACCC has also published provisional guidance on when the long form should be used—largely based on market share and competition risk.

Key takeaways

Threshold mechanics

Notifiable transactions must be “connected with Australia”—e.g., where the target carries on business here.
Turnover is assessed using current GST turnover, calculated at the contract date.
Thresholds apply to the turnover of the parties and their ‘connected entities’ (defined by reference to the Corporations Act).
A 3-year look-back applies to similar acquisitions (excluding prior notifications and sub-$2m targets).

The proposed notification thresholds are as follows:

Short vs long form notifications

Short form: intended for low-risk deals; still requires transaction details, market data, and supporting documents.
Long form: extensive, including 3 years of board/committee/shareholder docs, detailed market analysis, and rationale for the acquisition.
The ACCC’s guidance ties long form to market share triggers and other risk factors (e.g., loss of a vigorous competitor).

What’s missing

Still to come:

Guidance on notification waivers,
Detail on the Acquisitions Register, and
Tribunal review mechanics.

If you have any questions regarding the new merger regime – contact Glenn Vassallo (Managing Director), Scott Standen (Director) or Dale Copley (Associate) to ensure you are informed of the new requirements.

Share:

More Posts

ASX Compliance Update: Key Reporting and Filing Requirements for Listed Entities

ASX has issued an update outlining critical areas of focus for listed entities in relation to exploration result reporting, annual report compliance, and upcoming periodic filing deadlines. These guidelines aim to promote transparency, accuracy, and timely compliance with ASX Listing Rules. 1. Public Reporting of Exploration Results: Emphasis on Balanced Reporting ASX has highlighted two primary considerations

Australia’s Merger Laws Are Changing:Key Updates from the ACCC

The key takeaway from the ACCC’s latest guidance is that, during the transition, informal reviews requested late in 2025 risk being unfinished, requiring re-notification under the new rules, while clearances granted before 1 July 2025, may need updated reviews if not implemented by year-end. On 4 March 2025, the Australian Competition and Consumer Commission (ACCC)

ASX Compliance Update: Continuous Disclosure Guidelines on Counterparty Identification in Market-Sensitive Contract

The ASX has outlined its updated approach to continuous disclosure obligations under Listing Rule 3.1, specifically regarding the naming of counterparties to market-sensitive contracts. While there has been no change in ASX policy, the update provides additional flexibility for listed entities in certain circumstances. Key Aspects of the Update:Revised Disclosure Guidelines: ASX has expanded the situations

GRT Alert – Privacy Eyes Up:What to expect this August

In August 2024, Australia is due to implement significant amendments to the Privacy Act 1988 (Cth) aimed at modernising data protection laws and aligning them with global standards such as the European Union’s General Data Protection Regulation (GDPR). In response to Attorney-General’s Privacy Act Review Report in early 2023, the Australian government has either already agreed or

Send Us A Message

admin@grtlawyers.com | 07 3309 7000 | Privacy Policy

Proudly Designed and Developed By
Morelly ® Business Optimisation

© 2023 GRT Lawyers
Liability limited by a scheme approved under Professional Standards Legislation. All rights reserved.

Aylesha James

e aylesha@grtlawyers.com
m 0433 555 812

EXPERTISE

Business Operations
People and Culture
Human Resources
Marketing
Event Coordination
Project Management

PROFESSIONAL SUMMARY

Aylesha serves as the General Manager at GRT Lawyers, providing effective leadership and overseeing the day-to-day operations of the firm. In her role, she manages human resources, marketing, events, and directly supervises the Administration team.

Bringing more than 19 years of experience in office management, senior administration, project and event management, as well as human resources, Aylesha has a proven track record of excellence in high-pressure environments. Her wealth of experience and professionalism ensures the seamless functioning of the firm. Aylesha excels in optimizing operational efficiencies by reviewing and implementing systems, policies, and procedures to support business functions, resulting in impactful results. She adopts a holistic approach, balancing a keen eye for detail with a focus on overarching goals.

Aylesha’s passion lies in people and culture, where she actively fosters strong relationships across all levels of the business. She connects with staff to instill the core values of GRT Lawyers and the GRT Foundation, believing in creating value through people. Her approach involves working with passion and understanding, offering support and cultivating relationships that enhance both business and individual performance.

EXPERIENCE

Her career history encompasses multi-faceted roles giving her exposure to the specialty fields of Human Resources, Marketing and Event Management. Roles have included:

Human resources, including recruitment, performance management, staffing, new employee onboarding, employee benefits, payroll and training and development.
Marketing – including roles involving the development and implementation of marketing and business development strategies.
Background in planning internal and external events from conception through to execution, displaying qualities of a successful event planner: thorough yet precise, expert knowledge, ingenuity in identifying and solving problems and clear, concise communication.

“There’s always another level up. There’s always another ascension. More grace, more light, more generosity, more compassion, more to shed, more to grow.” -Elizabeth Gilbert

Scott Standen

e scott.standen@grtlawyers.com
m 0447 790 009

EXPERTISE

In depth understanding of the M&A processes (public M&A and private M&A transactions)
Public equity capital markets transactions
Management of due diligence processes
Deep understanding of governance frameworks
Corporate structuring
Capital structure management
Transaction management

PROFESSIONAL SUMMARY

Scott is a founder and Director of GRT Lawyers and GRT Foundation and corporate lawyer. He leads a team of specialist legal professionals, providing advice to organisations of all sizes, from middle market, large corporates and government owned corporations.

Scott’s career spans more than 20 years as a corporate lawyer and has encompassed an in-house general counsel role, director of Statutory Authorities and corporate legal adviser to managing directors, chief financial officers and boards of directors of ASX listed companies.

Scott is regularly called on by clients to provide strategic corporate advice to boards of directors and to project manage merger and acquisition transactions and public equity markets transactions. He prides himself in providing technically accurate and commercially focused corporate advice for public, private and listed companies, boards of directors and corporate advisers.

In particular, Scott advises on public equity markets transactions, debt issuances and restructuring, corporate governance and advisory, regulatory compliance, public and private M&A transactions, contract negotiation and directors’ duties and liabilities.

EXPERIENCE

Scott’s experience includes:

Advising Cerro Resources Limited in relation to its public market merger and acquisition deal with Canadian based Primero Gold Limited and the concurrent spin out of assets to Santana Metals Limited and listing of Santana Metals Limited on ASX
Advising Discovery Metals Limited in relation to its A$250 million debt restructuring and associated equity raisings and proposed convertible note issue
Advising Polymetals Limited in relation to its acquisition by Southern Cross Goldfields by way of scheme of arrangement
Advising Southern Cross Goldfields Limited in relation to its A$60 million capital raising transaction involving equity, debt and hybrid securities
Dual listing on Hong Kong Exchange of ASX listed company
ASX listing of Asia focused technology / media company and
ASX listing of Apiam Animal Health Limited, vertically integrated provider of services and product to agricultural industry and
ASX listing of P2P Transport Limited.

QUALIFICATIONS

Scott holds Bachelor Degrees in Law and Business Administration and a Masters of Law. Scott has previously held positions as a Director on the Boards of the Queensland Manufactured Water Authority (and related entities) and the Queensland Bulk Water Authority (and related entities).