Document ID: chunk:federal_register_of_legislation:C2024C00598:section:48a
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 48A
Character Range: 204962–207654

48A  Mandatory provisions

Application
 (1) A bilateral agreement with a State or self‑governing Territory including a declaration that is described in section 46 or 47 and covers actions described in subsection (2) or (3) does not have effect for the purposes of this Act unless the agreement also includes the undertaking required by subsection (2) or (3) (as appropriate).

Agreements including declarations about approvals
 (2) A bilateral agreement including a declaration described in section 46 must include an undertaking by the State or Territory to ensure that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have on a thing that is not a matter protected by a provision of Part 3 for which the declaration has effect will be assessed to the greatest extent practicable:
 (a) actions taken in the State or Territory by a constitutional corporation;
 (b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;
 (c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries;
 (d) actions taken in the Territory (if applicable).

Agreements including declarations about assessment
 (3) A bilateral agreement including a declaration described in section 47 must include an undertaking by the State or Territory to ensure that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have (other than the relevant impacts of those actions) will be assessed to the greatest extent practicable:
 (a) actions taken in the State or Territory by a constitutional corporation;
 (b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;
 (c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries;
 (d) actions taken in the Territory (if applicable).

Auditing
 (4) A bilateral agreement does not have effect for the purposes of this Act unless it includes a provision recognising that, under the Auditor‑General Act 1997, the Auditor‑General may audit the operations of the Commonwealth public sector (as defined in section 18 of that Act) relating to the bilateral agreement.