When the Minister may make declaration
(1) The Minister may make a declaration under this Division in relation to an arrangement between a State/Territory entity and a foreign entity if:
(a) the Minister is satisfied that the arrangement:
(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; or
(b) the State/Territory entity entered the arrangement in contravention of subsection 36(3).
Note: The Minister must take into account certain matters when making a decision to make a declaration under this Division (see section 51).
Matters that are not relevant
(2) The Minister may make the declaration, irrespective of whether:
(a) the arrangement was entered before or after the commencement day; or
(b) the Minister previously decided:
(i) not to make a declaration under this Division in relation to the arrangement; or
(ii) to make a different declaration under this Division in relation to the arrangement; or
(c) if the arrangement is a core foreign arrangement--the Minister gave approval under subsection 24(2) or 28(2) for the core State/Territory entity to enter the arrangement; or
(d) if the arrangement is a non-core foreign arrangement--the Minister did not make a declaration under subsection 36(2) prohibiting a State/Territory entity entering the arrangement.