Document ID: chunk:federal_register_of_legislation:C2020A00116:section:35
Version: federal_register_of_legislation:C2020A00116
Segment Type: section
Provision Reference: s 35
Character Range: 49052–50695

35  Declarations about negotiating non‑core foreign arrangements

When Minister may make declaration
 (1) The Minister may make a declaration under subsection (2) if:
 (a) the Minister becomes aware that a State/Territory entity proposes to negotiate, or is negotiating, an arrangement with a foreign entity; and
 (b) the arrangement is a non‑core foreign arrangement; and
 (c) if the State/Territory entity is proposing to negotiate the arrangement—the Minister is satisfied that the proposed negotiation:
 (i) would adversely affect, or would be likely to adversely affect, Australia's foreign relations; or
 (ii) would be, or would be likely to be, inconsistent with Australia's foreign policy; and
 (d) if the State/Territory entity is negotiating the arrangement—the Minister is satisfied that the negotiation:
 (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 1: The Minister must take into account certain matters when making a decision to make a declaration under subsection (2) (see section 51).
Note 2: Section 37 deals with general matters about the declaration (such as revocation and giving notice to the State/Territory entity).

Declaration not to negotiate
 (2) The Minister may make a written declaration that the State/Territory entity must not start, or continue, to negotiate the arrangement.

Compliance with declaration
 (3) The State/Territory entity must comply with the declaration.

Matters relating to declaration
 (4) A declaration made under subsection (2) is not a legislative instrument.