does not, or is unlikely to, adversely affect Australia’s foreign relations; and

is not, or is unlikely to be, inconsistent with Australia’s foreign policy.

Australia’s foreign relations; or

things outside Australia;

whether or not the policy:

is written or publicly available; or

has been formulated, decided upon, or approved by any particular member or body of the Commonwealth.

a State/Territory entity; and

a foreign entity;

whether or not other entities are also a party to the arrangement.

a foreign country;

the national government of a foreign country;

a Department or agency (however described) of an entity covered by paragraph (a) or (b);

a province, state, self-governing territory, region, local council, municipality or other political subdivision (by whatever name known) of a foreign country;

a local council, municipality or other political subdivision (by whatever name known) of an entity covered by paragraph (d);

the government of an entity covered by paragraph (d) or (e);

a Department or agency (however described) of an entity covered by paragraph (d), (e) or (f);

an entity (other than a university) that:

is an authority of an entity covered by paragraph (a), (b), (d), (e) or (f); and

is established for a public purpose;

a university that:

is located in a foreign country; and

does not have institutional autonomy (see subsection (2));

an entity that is external to Australia and is prescribed by the rules to be a foreign entity;

but does not include:

a corporation that operates on a commercial basis; or

an entity that is prescribed by the rules as not being a foreign entity.

Paragraphs (a) to (j) do not limit each other.

a majority of the members of the university’s governing body are required, by a law or the university’s governing documents, to be members or part of (however described) the political party that forms the foreign government;

education provided or research conducted at the university is required, by a law or the university’s governing documents, to adhere to, or be in service of, political principles or political doctrines of:

the foreign government; or

the political party that forms the foreign government;

the university’s academic staff are required, by a law or the university’s governing documents, to adhere to, or be in service of, political principles or political doctrines referred to in paragraph (b) in their teaching, research, discussions, publications or public commentary.

whether or not it is legally binding; and

whether or not it is made in Australia; and

whether it is entered before, on or after the commencement day.

a core State/Territory entity; and

a core foreign entity;

whether or not other entities are also a party to the arrangement.

an entity covered by paragraph 8(1)(a), (b) or (c) (even if the entity is also covered by paragraph 8(1)(d), (e), (f), (g), (h), (i) or (j)); or

an entity that is external to Australia and is prescribed by the rules to be a core foreign entity;

but does not include a corporation that operates on a commercial basis.

the arrangement is entered under the auspices of the foreign arrangement; and

the arrangement is not a foreign arrangement.

the arrangement is entered for the purposes of implementing the foreign arrangement, in any way and to any extent, whether directly or indirectly, and whether or not:

the arrangement refers to the foreign arrangement; or

the foreign arrangement contemplates the arrangement, or arrangements of the same kind as the arrangement, being entered; or

both of the following are satisfied:

the foreign arrangement contemplates the arrangement, or arrangements of the same kind as the arrangement, being entered (including, for example, by encouraging or promoting the arrangement, or arrangements of that kind, to be entered);

the arrangement is entered as a consequence of the foreign arrangement, or of any actions taken under the foreign arrangement; or

the arrangement and the foreign arrangement have a relationship of a kind prescribed by the rules.

Paragraphs (a), (b) and (c) do not limit each other.

was entered in contravention of a provision of this Act; or

was, because of the operation of a provision of this Act, invalid, unenforceable, not in operation, terminated, required to be terminated, or affected in any other way.

whether or not it is legally binding; and

whether or not it is made in Australia;

and includes the exercise of an option to extend the arrangement.

Additional application for subsidiary arrangements

a variation of an arrangement that is made under the auspices of a foreign arrangement;

an arrangement that is entered under the auspices of a variation of a foreign arrangement.

Exemptions

subsection (2); and

(b) subsection 9(1) (which is the definition of arrangement); and

Schedule 1 (which is about pre-existing foreign arrangements).

be in writing; and

be in the approved form (if any); and

include any information prescribed by the rules; and

be accompanied by any documents prescribed by the rules; and

be given in the approved way (if any).

would not adversely affect, or would be unlikely to adversely affect, Australia’s foreign relations; and

would not be, or would be unlikely to be, inconsistent with Australia’s foreign policy;

then the Minister must give approval for the negotiation proceeding.

Refusal decision

that the Minister gives approval for the negotiation to proceed; and

the day the approval comes into force.

Notice of decision to revoke approval decision

that the Minister’s approval is revoked; and

the day the revocation comes into force; and

that the Minister’s approval is no longer in force from that day.

a core State/Territory entity gives the Minister a notice under subsection 16(1) about its proposal to negotiate an arrangement with a core foreign entity; and

the Minister has not made a decision under subsection 17(2) or (3) within the 30-day period that starts on the day the notice is given.

be in writing; and

be in the approved form (if any); and

be accompanied by a copy of the proposed arrangement; and

specify the day it is proposed to enter the arrangement; and

include any information prescribed by the rules; and

be accompanied by any documents prescribed by the rules; and

be given in the approved way (if any).

would not adversely affect, or would be unlikely to adversely affect, Australia’s foreign relations; and

would not be, or would be unlikely to be, inconsistent with Australia’s foreign policy;

then the Minister must give approval for the core State/Territory entity to enter the arrangement as proposed.

Refusal decision

that the Minister gives approval for the core State/Territory entity entering the arrangement; and

the day the approval comes into force.

Notice of revocation of approval decision

that the Minister’s approval is revoked; and

the day the revocation comes into force; and

that the Minister’s approval is no longer in force from that day.

a core State/Territory entity gives the Minister a notice under subsection 23(1) about its proposal to enter an arrangement with a core foreign entity; and

the Minister has not made a decision under subsection 24(2) or (3) within the 30-day period that starts on the day the notice is given.

be in writing; and

be accompanied by a copy of the arrangement; and

include any information prescribed by the rules; and

be accompanied by any other documents prescribed by the rules.

a core State/Territory entity enters an arrangement with a core foreign entity in contravention of subsection 22(1); and

the arrangement purports to be legally binding under an Australian law;

then this section applies to the arrangement.

within 14 days, or such longer period (if any) prescribed by the rules, notify the core foreign entity that:

this section applies to the arrangement; and

the arrangement is, and is taken to have always been, invalid and unenforceable; and

as soon as practicable after it has complied with paragraph (a), notify the Minister, in writing, of its compliance with that paragraph.

give effect to the arrangement; or

hold out, or conduct itself on the basis, that:

it can give effect to the arrangement; or

the arrangement is valid or enforceable.

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that:

it can give effect to the arrangement; or

the arrangement is valid or enforceable.

a core State/Territory entity enters an arrangement with a core foreign entity in contravention of subsection 22(1); and

the arrangement is legally binding under a foreign law;

then this section applies to the arrangement.

within 14 days, or such longer period (if any) prescribed by the rules:

notify the core foreign entity that this section applies to the arrangement; and

take steps to terminate the arrangement in accordance with the foreign law; and

as soon as practicable after it has complied with paragraph (a), notify the Minister, in writing, of its compliance with that paragraph.

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement.

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement.

Subdivision B—Effect on non-legally binding arrangements

a core State/Territory entity enters an arrangement with a core foreign entity in contravention of subsection 22(1); and

the arrangement is not legally binding;

then this section applies to the arrangement.

within 14 days, or such longer period (if any) prescribed by the rules, notify the core foreign entity that:

this section applies to the arrangement; and

the arrangement is not, and is taken never to have been, in operation; and

as soon as practicable after it has complied with paragraph (a), notify the Minister, in writing, of its compliance with that paragraph.

give effect to the arrangement; or

hold out, or conduct itself on the basis, that:

it can give effect to the arrangement; or

the arrangement is in operation.

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that:

it can give effect to the arrangement; or

the arrangement is in operation.

a State/Territory entity proposes to enter an arrangement with a foreign entity; and

the arrangement is a non-core foreign arrangement;

then it must give a notice to the Minister in accordance with subsection (2).

be in writing; and

be in the approved form (if any); and

be accompanied by a copy of the proposed arrangement; and

include any information prescribed by the rules; and

be accompanied by any documents prescribed by the rules; and

be given in the approved way (if any); and

be given in the period (if any) prescribed by the rules.

the Minister becomes aware that a State/Territory entity proposes to negotiate, or is negotiating, an arrangement with a foreign entity; and

the arrangement is a non-core foreign arrangement; and

if the State/Territory entity is proposing to negotiate the arrangement—the Minister is satisfied that the proposed negotiation:

would adversely affect, or would be likely to adversely affect, Australia’s foreign relations; or

would be, or would be likely to be, inconsistent with Australia’s foreign policy; and

if the State/Territory entity is negotiating the arrangement—the Minister is satisfied that the negotiation:

adversely affects, or is likely to adversely affect, Australia’s foreign relations; or

is, or is likely to be, inconsistent with Australia’s foreign policy.

Declaration not to negotiate

a State/Territory entity proposes to enter an arrangement with a foreign entity (whether or not notice of the proposal has been given to the Minister under section 34); and

the arrangement is a non-core foreign arrangement; and

the Minister is satisfied that the proposed arrangement:

would adversely affect, or would be likely to adversely affect, Australia’s foreign relations; or

would be, or would be likely to be, inconsistent with Australia’s foreign policy.

Declaration not to enter arrangement

states the Minister’s decision to make the declaration; and

is accompanied by a copy of the declaration; and

complies with any requirements prescribed by the rules.

Notice of revocation of declaration

a State/Territory entity enters an arrangement with a foreign entity; and

the arrangement is a non-core foreign arrangement;

then the State/Territory entity must, within 14 days or such longer period prescribed by the rules, give a notice to the Minister in accordance with subsection (2).

be in writing; and

be accompanied by a copy of the arrangement; and

include any information prescribed by the rules; and

be accompanied by any documents prescribed by the rules.

the Minister is satisfied that the arrangement:

adversely affects, or is likely to adversely affect, Australia’s foreign relations; or

is, or is likely to be, inconsistent with Australia’s foreign policy; or

the State/Territory entity entered the arrangement in contravention of subsection 36(3).

Matters that are not relevant

the arrangement was entered before or after the commencement day; or

the Minister previously decided:

not to make a declaration under this Division in relation to the arrangement; or

to make a different declaration under this Division in relation to the arrangement; or

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

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

subsection 40(1) is satisfied in relation to the arrangement; and

apart from the declaration, the arrangement would be legally binding under an Australian law.

Declaration that arrangement is invalid and unenforceable

the arrangement:

is invalid and unenforceable to the specified extent and from the specified day; or

if the arrangement was entered in contravention of subsection 36(3)—is, and is taken to have always been, invalid and unenforceable to the specified extent; and

the State/Territory entity must, within the specified period, notify the foreign entity that:

a declaration is in force under this subsection in relation to the arrangement; and

the arrangement is invalid and unenforceable, to the specified extent;

and give the foreign entity a copy of the declaration; and

the State/Territory entity must, as soon as practicable after complying with paragraph (b), notify the Minister, in writing, of its compliance with that paragraph; and

the State/Territory entity must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; or

hold out, or conduct itself on the basis, that the arrangement is valid or enforceable; and

the foreign entity must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement; or

hold out in Australia, or conduct itself in Australia on the basis, that the arrangement is valid or enforceable.

The declaration in relation to paragraph (a) has effect accordingly.

Declaration requiring variation or termination of arrangement

the State/Territory entity must, within the specified period, notify the foreign entity that:

a declaration is in force under this subsection in relation to the arrangement; and

the arrangement is required to be varied or terminated in accordance with any specified requirements;

and give the foreign entity a copy of the declaration; and

the State/Territory entity must, in accordance with any specified requirements, vary or terminate the arrangement; and

the State/Territory entity must, as soon as practicable after complying with paragraph (a) or (b), notify the Minister, in writing, of its compliance with that paragraph; and

the State/Territory entity must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; and

the foreign entity must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement.

Compliance with declaration

if it has been a given a copy of the declaration as required by paragraph (2)(b) or (3)(a); and

to the extent that the declaration applies to the entity.

Matters relating to declaration

in accordance with the Australian law; or

in accordance with any other requirements; or

in accordance with both the Australian law and other requirements.

subsection 40(1) is satisfied in relation to the arrangement; and

the arrangement is legally binding under a foreign law.

Declaration requiring variation or termination of arrangement

the State/Territory entity must, within the specified period, notify the foreign entity that:

a declaration is in force under this subsection in relation to the arrangement; and

the arrangement is required to be varied or terminated in accordance with any specified requirements;

and give the foreign entity a copy of the declaration; and

the State/Territory entity must, in accordance with any specified requirements, vary or terminate the arrangement; and

the State/Territory entity must, as soon as practicable after complying with paragraph (a) or (b), notify the Minister, in writing, of its compliance with that paragraph; and

the State/Territory entity must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; and

the foreign entity must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement.

Compliance with declaration

if it has been a given a copy of the declaration as required by paragraph (2)(a); and

to the extent that the declaration applies to the entity.

Matters relating to declaration

in accordance with the foreign law; or

in accordance with any other requirements; or

in accordance with both the foreign law and other requirements.

subsection 40(1) is satisfied in relation to the arrangement; and

the arrangement is not legally binding.

Declaration that arrangement is not in operation

the arrangement:

is not in operation, to the specified extent and from the specified day; or

if the arrangement was entered in contravention of subsection 36(3)—is not, and is taken never to have been, in operation to the specified extent; and

the State/Territory entity must, within the specified period notify the foreign entity that:

a declaration is in force under this subsection in relation to the arrangement; and

the arrangement is not in operation, to the specified extent;

and give the foreign entity a copy of the declaration; and

the State/Territory entity must, as soon as practicable after complying with paragraph (b), notify the Minister, in writing, of its compliance with that paragraph; and

the State/Territory entity must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; or

hold out, or conduct itself on the basis, that the arrangement is in operation; and

the foreign entity must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement; or

hold out in Australia, or conduct itself in Australia on the basis, that the arrangement is in operation.

The declaration in relation to paragraph (a) has effect accordingly.

Declaration requiring variation or termination of arrangement

the State/Territory entity must, within the specified period, notify the foreign entity that:

a declaration is in force under this subsection in relation to the arrangement; and

the arrangement is required to be varied or terminated in accordance with any specified requirements;

and give the foreign entity a copy of the declaration; and

the State/Territory entity must, in accordance with any specified requirements, vary or terminate the arrangement; and

the State/Territory entity must, as soon as practicable after complying with paragraph (a) or (b), notify the Minister, in writing, of its compliance with that paragraph; and

the State/Territory entity must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; and

the foreign entity must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement.

Compliance with declaration

if it has been a given a copy of the declaration as required by paragraph (2)(b) or (3)(a); and

to the extent that the declaration applies to the entity.

Matters relating to declaration

in accordance with any variation or termination clause of the arrangement; or

in accordance with any other requirements; or

in accordance with any variation or termination clause and other requirements.

states the Minister’s decision to make the declaration; and

is accompanied by a copy of the declaration; and

complies with any requirements prescribed by the rules.

Notice of revocation of declaration

any of the following apply to the foreign arrangement:

a declaration is in force under subsection 41(2) or (3), 42(2) or 43(2) or (3) in relation to the foreign arrangement;

the foreign arrangement was entered in contravention of subsection 22(1) or 36(3);

clause 4, 5 or 6 of Schedule 1 applies to the foreign arrangement; and

the Minister is satisfied that the subsidiary arrangement:

adversely affects, or is likely to adversely affect, Australia’s foreign relations; or

is, or is likely to be, inconsistent with Australia’s foreign policy.

Matters that are not relevant

the subsidiary arrangement was entered before or after the commencement day; or

the Minister previously decided:

not to make a declaration under this Division in relation to the subsidiary arrangement; or

to make a different declaration under this Division in relation to the subsidiary arrangement.

Subdivision B—Declarations about legally binding subsidiary arrangements

subsection 45(1) is satisfied in relation to the subsidiary arrangement; and

apart from the declaration, the subsidiary arrangement would be legally binding under an Australian law.

Declaration that arrangement is invalid and unenforceable

the subsidiary arrangement:

is invalid and unenforceable to the specified extent and from the specified day; or

if the foreign arrangement was entered in contravention of subsection 22(1) or 36(3)—is, and is taken to have always been, invalid and unenforceable to the specified extent; and

each party to the subsidiary arrangement that is a regulated Australian party must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; or

hold out, or conduct itself on the basis, that the arrangement is valid or enforceable; and

each other party to the subsidiary arrangement must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement; or

hold out in Australia, or conduct itself in Australia on the basis, that the arrangement is valid or enforceable.

The declaration in relation to paragraph (a) has effect accordingly.

Declaration requiring variation or termination of arrangement

each party to the subsidiary arrangement that is a regulated Australian party must:

vary or terminate the arrangement in accordance with any specified requirements; and

as soon as practicable after complying with subparagraph (i), notify the Minister, in writing, of its compliance with that subparagraph; and

each party to the subsidiary arrangement that is a regulated Australian party must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; and

each other party to the subsidiary arrangement must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement.

Compliance with declaration

if the Minister has given the party a copy of the declaration under subsection 49(5); and

to the extent that the declaration applies to the party.

Matters relating to declaration

in accordance with the Australian law; or

in accordance with any other requirements; or

in accordance with both the Australian law and other requirements.

subsection 45(1) is satisfied in relation to the subsidiary arrangement; and

the subsidiary arrangement is legally binding under a foreign law.

Declaration requiring variation or termination of arrangement

each party to the subsidiary arrangement that is a regulated Australian party must:

vary or terminate the arrangement in accordance with any specified requirements; and

as soon as practicable after complying with subparagraph (i), notify the Minister, in writing, of its compliance with that subparagraph; and

each party to the subsidiary arrangement that is a regulated Australian party must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; and

each other party to the subsidiary arrangement must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement.

Compliance with declaration

if the Minister has given the party a copy of the declaration under subsection 49(5); and

to the extent that the declaration applies to the party.

Matters relating to declaration

in accordance with the foreign law; or

in accordance with any other requirements; or

in accordance with both the foreign law and other requirements.

subsection 45(1) is satisfied in relation to the subsidiary arrangement; and

the subsidiary arrangement is not legally binding.

Declaration that arrangement is not in operation

the subsidiary arrangement:

is not in operation, to the specified extent and from the specified day; or

if the foreign arrangement was entered in contravention of subsection 22(1) or 36(3)—is not, and is taken never to have been, in operation to the specified extent; and

each party to the subsidiary arrangement that is a regulated Australian party must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; or

hold out, or conduct itself on the basis, that the arrangement is in operation; and

each other party to the subsidiary arrangement must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement; or

hold out in Australia, or conduct itself in Australia on the basis, that the arrangement is in operation.

The declaration in relation to paragraph (a) has effect accordingly.

Declaration requiring variation or termination of arrangement

each party to the subsidiary arrangement that is a regulated Australian party must:

vary or terminate the arrangement in accordance with any specified requirements; and

as soon as practicable after complying with subparagraph (i), notify the Minister, in writing, of its compliance with that subparagraph; and

each party to the subsidiary arrangement that is a regulated Australian party must not, to the specified extent and from the specified day:

give effect to the arrangement; or

hold out, or conduct itself on the basis, that it can give effect to the arrangement; and

each other party to the subsidiary arrangement must not, to the specified extent and from the specified day:

give effect to the arrangement in Australia; or

hold out in Australia, or conduct itself in Australia on the basis, that it can give effect to the arrangement.

Compliance with declaration

if the Minister has given the party a copy of the declaration under subsection 49(5); and

to the extent that the declaration applies to the party.

Matters relating to declaration

in accordance with any variation or termination clause of the arrangement; or

in accordance with any other requirements; or

in accordance with any variation or termination clause and other requirements.

states the Minister’s decision to make the declaration; and

is accompanied by a copy of the declaration; and

complies with any requirements prescribed by the rules.

Notice of revocation of declaration

subsection 35(2) (which is about declarations that prohibit State/Territory entities from negotiating non-core foreign arrangements); or

subsection 36(2) (which is about declarations that prohibit State/Territory entities from entering non-core foreign arrangements); or

subsection 41(2) or (3) (which are about declarations that affect foreign arrangements that are legally binding under Australian law); or

subsection 42(2) (which is about declarations that affect foreign arrangements that are legally binding under foreign law); or

subsection 43(2) or (3) (which are about declarations that affect foreign arrangements that are not legally binding); or

subsection 46(2) or (3) (which are about declarations that affect subsidiary arrangements that are legally binding under Australian law); or

subsection 47(2) (which is about declarations that affect subsidiary arrangements that are legally binding under foreign law); or

subsection 48(2) or (3) (which are about declarations that affect subsidiary arrangements that are not legally binding).

the importance of the arrangement in assisting or enhancing the functioning of the State or Territory;

the extent of the performance of the arrangement;

whether the declaration would impair the continued existence of the State or Territory as an independent entity;

whether the declaration would significantly curtail or interfere with the capacity of the State or Territory to function as a government;

whether the declaration would have significant financial consequences for the State or Territory;

whether the declaration would impede the acquisition of goods or services by the State or Territory, including, for example, for the purposes of infrastructure;

whether the declaration would have an effect on the capacity of the State or Territory to complete an existing project that is to be delivered under the arrangement (either at all, or within the intended timeframe);

any other matter that the Minister considers is relevant;

to the extent that information concerning those matters has been given to the Minister by the State or Territory in accordance with subsection (3).

in writing; and

in the approved form (if any); and

in the approved way (if any).

subsection 15(1) (which deals with when negotiations about core foreign arrangements are prohibited);

subsection 16(1) (which deals with the requirement to notify the Minister about negotiations of core foreign arrangements);

subsection 22(1) (which deals with the prohibition on entering core foreign arrangements);

subsection 23(1) (which deals with the requirement to notify the Minister about proposals to enter core foreign arrangements);

subsection 29(1) (which deals with the requirement to notify the Minister about entering core foreign arrangements);

subsection 30(3), (4) or (5), 31(2), (3) or (4) or 32(3), (4) or (5) (which deal with requirements relating to core foreign arrangements that have been unlawfully entered);

subsection 34(1) (which deals with the requirement to notify the Minister about proposals to enter non-core foreign arrangements);

subsection 35(3) (which prohibits negotiating arrangements that are non-core foreign arrangements in contravention of a declaration);

subsection 36(3) (which prohibits entering non-core foreign arrangements in contravention of a declaration);

subsection 38(1) (which deals with the requirement to notify the Minister about entering non-core foreign arrangements);

subsection 41(4) or (5), 42(3) or (4) or 43(4) or (5) (which deal with requirements in declarations about foreign arrangements);

subsection 46(4), 47(3) or 48(4) (which deal with requirements about subsidiary arrangements);

subclause 2(3) of Schedule 1 (which deals with the requirement to notify the Minister about pre-existing foreign arrangements that are core foreign arrangements);

subclause 3(2) of Schedule 1 (which deals with the requirement to notify the Minister about pre-existing foreign arrangements that are non-core foreign arrangements);

subclause 4(3), (4) or (5), 5(2), (3) or (4) or 6(3), (4) or (5) of Schedule 1 (which deal with contraventions of the requirement to notify the Minister about pre-existing foreign arrangements that are core foreign arrangements).

each foreign arrangement for which:

a State/Territory entity has given a notice to the Minister under this Act; or

the Minister has made a decision under this Act; or

the Minister is aware of the application of those sections to the foreign arrangement; andsection 30, 31 or 32, or clause 4, 5 or 6 of Schedule 1, has applied, but only if

each subsidiary arrangement of a foreign arrangement referred to in paragraph (a) for which:

a State/Territory entity has given a notice to the Minister under this Act; or

the Minister has made a decision about under Division 3 of Part 4.

the title of the arrangement;

the parties to the arrangement;

whether any decisions were made by the Minister in relation to the arrangement;

any information prescribed by the rules.

information that the Minister is satisfied:

is commercially sensitive; or

would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or

would disclose the deliberations of a meeting of the Cabinet of a State or Territory; or

is the subject of legal professional privilege; or

is protected by public interest immunity; or

affects national security; or

information about notices given by a core State/Territory entity under subsection 16(1); or

information about the Minister’s recommended changes to a foreign arrangement (as referred to in paragraph 27(b)) that is included in a notice given by the Minister under section 27; or

any information prescribed by the rules.

statistical information about the decisions made by the Minister under the Act during the year, including the total number of decisions, the total number of decisions in each class of decision, and the outcomes of the decisions;

a summary of the details of each of the decisions made by the Minister under the Act during the year;

an outline of the engagement that has occurred during the year with entities covered by the Act to articulate and explain to those entities Australia’s foreign policy and how they should engage with foreign entities in Australia’s national interest.

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

the foreign arrangement; or

a subsidiary arrangement of the foreign arrangement.

the Secretary to the Department; or

a person who holds or performs the duties of an SES officer in the Department.

Part 2 (which deals with negotiating and entering core foreign arrangements); or

Part 4 in relation to a core foreign arrangement; or

section 54 (which deals with making the rules).

whether it is necessary or desirable to do anything to improve the operation of this Act; and

the effectiveness of this Act in meeting the object of this Act; and

whether this Act should be amended to implement review recommendations; and

whether a further review of this Act should be undertaken, and if so, when.