HOW WE CAN HELP
On 2 December 2021, the Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) received Royal Assent. The Act expands the definition of critical infrastructure assets from electricity, water, ports, and gas to include energy, data, finance, healthcare, space, defence, and more.
This regulatory regime is entirely bespoke to Australia and is by some distance the most far-reaching of any equivalent legislation around the world and is changing rapidly.
At the same time, private equity sponsors, core-plus and listed investors are looking for opportunities to deploy enormous pools of capital into secure assets with multi-decade earnings horizons and infrastructure-like qualities. Traditional investment opportunities involving steady-yielding assets that have been attractive to infrastructure and superannuation funds are increasingly rare. Investors are moving up the risk curve to find acceptable returns while private equity funds are deploying secure asset or core-plus type strategies and meeting them in the middle. This middle ground is squarely in the zone of these critical infrastructure assets - sectors that are growing in importance, and which matter to consumers.
Successfully executing transactions involving critical Australian infrastructure assets has always required a deep knowledge of traditional M&A, financing and infrastructure concepts. It now demands an understanding of the increasingly complex regulatory environment around data security, national interest, and ESG considerations.
We are a leading Australian law firm and an expert in all the legal considerations surrounding investing in and operating critical Australian infrastructure assets.
Approaches from BGH and CapVest and the acquisitions of Agillex Biolabs by Healius, Avance CRO by Riverside, QScan by Morrison & Co and Canberra Imagine Group by Sonic.
Response to the COVID-19 pandemic and the Department of Defence on the warehousing, maintenance and distribution of medical supplies for the ADF.
Take private of Tilt Renewables and Infigen Energy on the off market takeover battle by Iberdrola SA and UAC Energy.
On its $14.4 billion bid for Santo.
$39 billion acquisition of Afterpay by Square, Inc, the largest public M&A deal in Australia’s history and the largest ever cross border fintech deal globally.
Acquisition of a 55% interest in Colonial First State and joint venture with CBA.
ADM’s takeover bid, a highly politicised approach for a major Australian agricultural infrastructure provider that was rejected on national interest grounds.
On its IPO. Rubicon Waster assists governments and irrigation water authorities to modernise antiquated irrigation infrastructure to address the challenges of water scarcity.
Disposal of its agricultural properties, water entitlements and agribusinesses which were the first to receive FIRB approval after the advertising policy changes.
