Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (Cth)

Australia's Foreign Relations (State and Territory Arrangements) Act 2020

No. 116, 2020

An Act to protect and manage Australia's foreign relations, and for related purposes

Contents Part 1—Preliminary Division 1—Preliminary matters 1 Short title 2 Commencement 3 Simplified outline of this Act 4 Definitions Division 2—Core provisions of this Act 5 Object of this Act 6 Foreign arrangements 7 What are State/Territory entities? 8 What are foreign entities? 9 What is an arrangement? 10 Core foreign arrangements 11 Application of this Act to subsidiary arrangements 12 What is a subsidiary arrangement? 13 Application of this Act to variations of arrangements Part 2—Negotiating and entering core foreign arrangements Division 1—Simplified outline of this Part 14 Simplified outline of this Part Division 2—Negotiating core foreign arrangements 15 Prohibition on negotiations without the Minister's approval 16 Requirement to notify the Minister about negotiations 17 The Minister's decision about negotiations 18 Notices relating to the Minister's approval under subsection 17(2) 19 When the Minister's approval under subsection 17(2) is in force 20 Notice of the Minister's refusal under subsection 17(3) 21 When the Minister is taken to have given approval for negotiations Division 3—Entering core foreign arrangements 22 Prohibition on entering core foreign arrangements 23 Requirement to notify the Minister before entering core foreign arrangements 24 The Minister's decision about proposals to enter core foreign arrangements 25 Notices relating to the Minister's approval under subsection 24(2) 26 When the Minister's approval under subsection 24(2) is in force 27 Notice of the Minister's refusal under subsection 24(3) 28 When the Minister is taken to have given approval for proposals to enter core foreign arrangements 29 Requirement to notify the Minister about entering core foreign arrangements Division 4—Consequences of unlawfully entering core foreign arrangements Subdivision A—Effect on legally binding arrangements 30 Arrangements that purport to be legally binding under Australian law 31 Arrangements that are legally binding under foreign law Subdivision B—Effect on non‑legally binding arrangements 32 Arrangements that are not legally binding Part 3—Entering non‑core foreign arrangements Division 1—Simplified outline of this Part 33 Simplified outline of this Part Division 2—Entering non‑core foreign arrangements Subdivision A—Requirement to notify the Minister about proposals to enter non‑core foreign arrangements 34 Requirement to notify the Minister about proposals to enter non‑core foreign arrangements Subdivision B—Declarations about negotiations or proposals to enter non‑core foreign arrangements 35 Declarations about negotiating non‑core foreign arrangements 36 Declarations about proposals to enter non‑core foreign arrangements Subdivision C—Matters relating to declarations under this Part 37 Matters relating to declarations under this Part Subdivision D—Requirement to notify the Minister about entering non‑core foreign arrangements 38 Requirement to notify the Minister about entering non‑core foreign arrangements Part 4—The Minister's powers to make declarations about foreign arrangements, and subsidiary arrangements, that are in operation Division 1—Simplified outline of this Part 39 Simplified outline of this Part Division 2—The Minister's power to make declarations about foreign arrangements that are in operation Subdivision A—When the Minister may make declarations about foreign arrangements 40 When the Minister may make declarations under this Division Subdivision B—Declarations about legally binding foreign arrangements 41 Foreign arrangements that are legally binding under Australian law 42 Foreign arrangements that are legally binding under foreign law Subdivision C—Declarations about non‑legally binding foreign arrangements 43 Foreign arrangements that are not legally binding Subdivision D—Matters relating to declarations under this Division 44 Matters relating to declarations about foreign arrangements Division 3—The Minister's power to make declarations about subsidiary arrangements that are in operation Subdivision A—When the Minister may make declarations about subsidiary arrangements 45 When the Minister may make declarations under this Division Subdivision B—Declarations about legally binding subsidiary arrangements 46 Subsidiary arrangements that are legally binding under Australian law 47 Subsidiary arrangements that are legally binding under foreign law Subdivision C—Declarations about non‑legally binding subsidiary arrangements 48 Subsidiary arrangements that are not legally binding Subdivision D—Matters relating to declarations under this Division 49 Matters relating to declarations about subsidiary arrangements Part 5—Other matters Division 1—Simplified outline of this Part 50 Simplified outline of this Part Division 2—Matters that the Minister must take into account when making declarations under this Act 51 Matters that the Minister must take into account Division 3—Enforcement 52 Injunctions Division 4—The Public Register 53 The Minister must keep a public register Division 4A—Annual report 53A Annual report Division 5—The rules 54 The rules Division 6—The Australian National University 55 Application of this Act to the Australian National University Division 7—Other matters 56 Delegation by the Minister 57 Compensation for acquisition of property 58 Requirements in relation to procedural fairness 59 Extraterritorial application and extension to external Territories 60 Crown to be bound 61 Concurrent operation with State and Territory laws 62 Approved forms 63 Approved ways of giving notices to the Minister 63A Review of operation of Act 64 Schedule 1 Schedule 1—Transitional requirements relating to pre‑existing foreign arrangements Division 1—Simplified outline of this Schedule 1 Simplified outline of this Schedule Division 2—Requirement to notify the Minister about pre‑existing foreign arrangements 2 Requirement to notify the Minister about pre‑existing foreign arrangements that are core foreign arrangements 3 Requirement to notify the Minister about pre‑existing foreign arrangements that are non‑core foreign arrangements Division 3—Consequences for failing to notify the Minister about pre‑existing foreign arrangements that are core foreign arrangements Subdivision A—Pre‑existing foreign arrangements that are legally binding 4 Arrangements that are legally binding under Australian law 5 Arrangements that are legally binding under foreign law Subdivision B—Pre‑existing foreign arrangements that are not legally binding 6 Arrangements that are not legally binding