Commonwealth Numbered Acts

AUSTRALIA'S FOREIGN RELATIONS (STATE AND TERRITORY ARRANGEMENTS) ACT 2020 (NO. 116, 2020) - SECT 45

When the Minister may make declaration

             (1)  The Minister may make a declaration under this Division in relation to a subsidiary arrangement of a foreign arrangement if:

                     (a)  any of the following apply to the foreign arrangement:

                              (i)  a declaration is in force under subsection 41(2) or (3), 42(2) or 43(2) or (3) in relation to the foreign arrangement;

                             (ii)  the foreign arrangement was entered in contravention of subsection 22(1) or 36(3);

                            (iii)  clause 4, 5 or 6 of Schedule 1 applies to the foreign arrangement; and

                     (b)  the Minister is satisfied that the subsidiary 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.

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 subsidiary 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 subsidiary arrangement; or

                             (ii)  to make a different declaration under this Division in relation to the subsidiary arrangement.