Document ID: chunk:federal_register_of_legislation:C2020A00116:section:40
Version: federal_register_of_legislation:C2020A00116
Segment Type: section
Provision Reference: s 40
Character Range: 58088–59625

40  When the Minister may make declarations under this Division

When the Minister may make declaration
 (1) The Minister may make a declaration under this Division in relation to an arrangement between a State/Territory entity and a foreign entity if:
 (a) the Minister is satisfied that the 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; or
 (b) the State/Territory entity entered the arrangement in contravention of subsection 36(3).
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 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 arrangement; or
 (ii) to make a different declaration under this Division in relation to the arrangement; or
 (c) if the arrangement is a core foreign arrangement—the Minister gave approval under subsection 24(2) or 28(2) for the core State/Territory entity to enter the arrangement; or
 (d) if the arrangement is a non‑core foreign arrangement—the Minister did not make a declaration under subsection 36(2) prohibiting a State/Territory entity entering the arrangement.

Subdivision B—Declarations about legally binding foreign arrangements