Document ID: chunk:federal_register_of_legislation:C2020A00116:section:45
Version: federal_register_of_legislation:C2020A00116
Segment Type: section
Provision Reference: s 45
Character Range: 72878–74332

45  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 a subsidiary arrangement of a foreign arrangement if:
 (a) any of the following apply to the foreign arrangement:
 (i) a declaration is in force under subsection 41(2) or (3), 42(2) or 43(2) or (3) in relation to the foreign arrangement;
 (ii) the foreign arrangement was entered in contravention of subsection 22(1) or 36(3);
 (iii) clause 4, 5 or 6 of Schedule 1 applies to the foreign arrangement; and
 (b) the Minister is satisfied that the subsidiary 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.
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 subsidiary 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 subsidiary arrangement; or
 (ii) to make a different declaration under this Division in relation to the subsidiary arrangement.

Subdivision B—Declarations about legally binding subsidiary arrangements