Commonwealth Numbered Acts

AUSTRALIA'S FOREIGN RELATIONS (STATE AND TERRITORY ARRANGEMENTS) ACT 2020 (NO. 116, 2020) - SECT 8

             (1)  A foreign entity is any of the following entities:

                     (a)  a foreign country;

                     (b)  the national government of a foreign country;

                     (c)  a Department or agency (however described) of an entity covered by paragraph (a) or (b);

                     (d)  a province, state, self-governing territory, region, local council, municipality or other political subdivision (by whatever name known) of a foreign country;

                     (e)  a local council, municipality or other political subdivision (by whatever name known) of an entity covered by paragraph (d);

                      (f)  the government of an entity covered by paragraph (d) or (e);

                     (g)  a Department or agency (however described) of an entity covered by paragraph (d), (e) or (f);

                     (h)  an entity (other than a university) that:

                              (i)  is an authority of an entity covered by paragraph (a), (b), (d), (e) or (f); and

                             (ii)  is established for a public purpose;

                      (i)  a university that:

                              (i)  is located in a foreign country; and

                             (ii)  does not have institutional autonomy (see subsection (2));

                      (j)  an entity that is external to Australia and is prescribed by the rules to be a foreign entity;

but does not include:

                     (k)  a corporation that operates on a commercial basis; or

                      (l)  an entity that is prescribed by the rules as not being a foreign entity.

Paragraphs (a) to (j) do not limit each other.

             (2)  For the purposes of subparagraph (1)(i)(ii), a university does not have institutional autonomy if, and only if, a foreign government (whether or not the government of the country, or part of the country, in which the university is located) is in a position to exercise substantial control over the university.

             (3)  For the purposes of subsection (2), a foreign government is in a position to exercise substantial control over a university if, and only if, one or more of the following paragraphs are satisfied:

                     (a)  a majority of the members of the university's governing body are required, by a law or the university's governing documents, to be members or part of (however described) the political party that forms the foreign government;

                     (b)  education provided or research conducted at the university is required, by a law or the university's governing documents, to adhere to, or be in service of, political principles or political doctrines of:

                              (i)  the foreign government; or

                             (ii)  the political party that forms the foreign government;

                     (c)  the university's academic staff are required, by a law or the university's governing documents, to adhere to, or be in service of, political principles or political doctrines referred to in paragraph (b) in their teaching, research, discussions, publications or public commentary.

             (4)  The governing documents of a university are the constitution, rules or other official documents by which the university is constituted or according to which the university operates.