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

This clause applies to a pre‑existing foreign arrangement between a core State/Territory entity and a core foreign entity.

A pre‑existing foreign arrangement is a foreign arrangement that:

is in operation on the commencement day; or

comes into operation during the period that:

starts on the day after the commencement day; and

ends on the day before Part 2 of this Act commences.

The core State/Territory entity must give a notice to the Minister:

in accordance with subclause (4); and

in accordance with subclause (5);

starts on the commencement day; and

ends 3 months, or such longer period (if any) prescribed by the rules, after the commencement day.

If the core State/Territory entity fails to give a notice in accordance with subclause (4) before the end of that period, then clause 4, 5 or 6 automatically applies to the pre‑existing foreign arrangement to make it invalid, unenforceable or not in operation, or to require the State/Territory entity to terminate it. Those clauses also prohibit the parties from giving effect to the arrangement.

The notice must:

be in writing; and

specify the arrangement; and

be accompanied by a copy of the arrangement.

The notice must also:

be in the approved form (if any); and

if the core State/Territory entity knows that there is another arrangement that is a subsidiary arrangement of the arrangement:

include details about the subsidiary arrangement; and

if the core State/Territory entity has a copy of the subsidiary arrangement—be accompanied by a copy of the subsidiary 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).

Subclause (3) does not apply to an exempt arrangement.