Commonwealth Numbered Acts

AUSTRALIA'S FOREIGN RELATIONS (STATE AND TERRITORY ARRANGEMENTS) ACT 2020 (NO. 116, 2020) - SECT 17

Minister to make decision about negotiations

             (1)  If a core State/Territory entity gives the Minister a notice under subsection 16(1) about a proposal to negotiate an arrangement with a core foreign entity, then the Minister must, as soon as practicable, make a decision under this section about the proposal.

Note:          However, if the Minister does not make a decision within 30 days of being given the notice, then, under subsection 21(2), the Minister is taken to have given approval for the negotiation proceeding. In addition, the Minister will no longer be able to make a decision under this section about the negotiation (see subsection 21(4)).

Approval decision

             (2)  If the Minister is satisfied that the proposed negotiation:

                     (a)  would not adversely affect, or would be unlikely to adversely affect, Australia's foreign relations; and

                     (b)  would not be, or would be unlikely to be, inconsistent with Australia's foreign policy;

then the Minister must give approval for the negotiation proceeding.

Note:          The Minister must give the core State/Territory entity written notice of the approval decision (see subsection 18(1)).

Refusal decision

             (3)  Otherwise, the Minister must refuse to give approval for the negotiation proceeding.

Note:          The Minister must give the core State/Territory entity written notice of the refusal decision (see section 20).

Revocation of approval decision

             (4)  The Minister may revoke an approval decision under subsection (2) if the Minister ceases to be satisfied of the matters on which the decision was made.

Note:          The Minister must give the core State/Territory entity written notice of the revocation decision (see subsection 18(2)).

No revocation of refusal decision

             (5)  However, the Minister may not revoke a refusal decision under subsection (3).

Note:          The Minister may make a new decision to give approval under this section if the core State/Territory entity gives the Minister a new notice under subsection 16(1).