Commonwealth Numbered Acts

AUSTRALIA'S FOREIGN RELATIONS (STATE AND TERRITORY ARRANGEMENTS) ACT 2020 (NO. 116, 2020) - SECT 35

When Minister may make declaration

             (1)  The Minister may make a declaration under subsection (2) if:

                     (a)  the Minister becomes aware that a State/Territory entity proposes to negotiate, or is negotiating, an arrangement with a foreign entity; and

                     (b)  the arrangement is a non-core foreign arrangement; and

                     (c)  if the State/Territory entity is proposing to negotiate the arrangement--the Minister is satisfied that the proposed negotiation:

                              (i)  would adversely affect, or would be likely to adversely affect, Australia's foreign relations; or

                             (ii)  would be, or would be likely to be, inconsistent with Australia's foreign policy; and

                     (d)  if the State/Territory entity is negotiating the arrangement--the Minister is satisfied that the negotiation:

                              (i)  adversely affects, or is likely to adversely affect, Australia's foreign relations; or

                             (ii)  is, or is likely to be, inconsistent with Australia's foreign policy.

Note 1:       The Minister must take into account certain matters when making a decision to make a declaration under subsection (2) (see section 51).

Note 2:       Section 37 deals with general matters about the declaration (such as revocation and giving notice to the State/Territory entity).

Declaration not to negotiate

             (2)  The Minister may make a written declaration that the State/Territory entity must not start, or continue, to negotiate the arrangement.

Compliance with declaration

             (3)  The State/Territory entity must comply with the declaration.

Matters relating to declaration

             (4)  A declaration made under subsection (2) is not a legislative instrument.