Document ID: chunk:federal_register_of_legislation:C2020A00116:clause:1_4
Version: federal_register_of_legislation:C2020A00116
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 106624–108184

4  Arrangements that are legally binding under Australian law
 (1) If:
 (a) a core State/Territory entity contravenes paragraph 2(3)(a) in relation to a pre‑existing foreign arrangement between the State/Territory entity and a core foreign entity; and
 (b) apart from this clause, the arrangement would be legally binding under an Australian law;
then this clause applies to the arrangement.
 (2) The arrangement is invalid and unenforceable after the contravention.
 (3) The core State/Territory entity must:
 (a) within 14 days, or such longer period (if any) prescribed by the rules, notify the core foreign entity that:
 (i) this clause applies to the arrangement; and
 (ii) the arrangement is invalid and unenforceable; and
 (b) as soon as practicable after it has complied with paragraph (a), notify the Minister, in writing, of its compliance with that paragraph.
 (4) The core State/Territory entity must not, at any time after the contravention:
 (a) give effect to the arrangement; or
 (b) hold out, or conduct itself on the basis, that:
 (i) it can give effect to the arrangement; or
 (ii) the arrangement is valid or enforceable.
 (5) The core foreign entity must not, from the time it is notified under subclause (3) that this clause applies to the arrangement:
 (a) give effect to the arrangement in Australia; or
 (b) hold out in Australia, or conduct itself in Australia on the basis, that:
 (i) it can give effect to the arrangement; or
 (ii) the arrangement is valid or enforceable.
 (6) This clause does not apply to an exempt arrangement.