Australia’s Foreign Relations (State and Territory Arrangements) Act 2020

This Act applies in relation to a variation of an arrangement (whether the arrangement is made before, on or after the commencement day) in the same way it applies in relation to an arrangement.

Sections 16 and 23 require a core State/Territory entity to notify the Minister about proposals to negotiate or enter a core foreign arrangement. Because of this subsection, if the entity proposes to negotiate a variation of a core foreign arrangement, or make a variation of a core foreign arrangement, then the entity is required to notify the Minister about that proposal.

A variation of an arrangement is any written variation of an arrangement:

whether or not it is legally binding; and

whether or not it is made in Australia;

Without limiting subsection (1), this Act applies as if a reference to an arrangement that is entered under the auspices of a foreign arrangement includes a reference to the following:

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.

Without limiting subsection (1), the rules may prescribe that variations of arrangements of a kind are exempt, even if the rules do not prescribe that arrangements of that kind are exempt.

Subsections (1), (3) and (4) do not apply in:

subsection (2); and

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

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