Document ID: chunk:federal_register_of_legislation:C2024C00598:section:31
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 31
Character Range: 146525–148622

31  Extended operation in non‑self‑governing Territories
  A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
 (a) the action is taken in a Territory (the action Territory) that is not a self‑governing Territory; and
 (b) an Act providing for the government of the action Territory provides that some or all of the law of a State or self‑governing Territory is in force in the action Territory as a law of the Territory; and
 (c) the action is one of a class of actions declared by a bilateral agreement between the Commonwealth and the State or self‑governing Territory not to require approval under Part 9 for the purposes of the provision of Part 3 (because the action is approved or taken in accordance with a bilaterally accredited management arrangement or a bilaterally accredited authorisation process); and
 (d) the bilateral agreement specifies that the provision of the agreement making the declaration has effect in relation to actions in the action Territory; and
 (e) the provision of the bilateral agreement making the declaration is in operation in relation to the action; and
 (f) either of the following applies:
 (i) in the case of a bilaterally accredited management arrangement—the management arrangement is in force under a law of the State or self‑governing Territory identified in or under the bilateral agreement;
 (ii) in the case of a bilaterally accredited authorisation process—the authorisation process is set out in a law of the State or self‑governing Territory, and the law and the authorisation process are identified in or under the bilateral agreement; and
 (g) the action is taken in accordance with the bilaterally accredited management arrangement or bilaterally accredited authorisation process.
Note: Division 3 of Part 5 explains how the operation of a bilateral agreement may be ended or suspended.

Division 2—Actions covered by Ministerial declarations and accredited management arrangements or accredited authorisation processes

Subdivision A—Effect of declarations