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

If 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, then the Minister must, as soon as practicable, make a decision under this section about the proposed arrangement.

However, if the Minister does not make a decision within 30 days of being given the notice, then, under subsection 28(2), the Minister is taken to have given approval for the core State/Territory to enter the proposed arrangement. In addition, the Minister will no longer be able to make a decision under this section about the proposed arrangement (see subsection 28(4)).

If the Minister is satisfied that the proposed arrangement:

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;

The Minister must give the core State/Territory entity a written notice of the approval decision (see subsection 25(1)).

Otherwise, the Minister must refuse to give approval for the core State/Territory entity entering the arrangement.

The Minister must give the core State/Territory entity a written notice of the refusal decision (see section 27).

The Minister may revoke a decision under subsection (2) if the Minister ceases to be satisfied of the matters on which the decision was made.

The Minister must give the core State/Territory entity a written notice of the revocation decision (see subsection 25(2)).

However, the Minister may not revoke a decision under subsection (2) after the core State/Territory entity enters the arrangement.

However, if after the arrangement is entered, the Minister is no longer satisfied of the matters referred to in subsection (2), the Minister may make a declaration under Part 4 about the arrangement (see section 40).

The Minister may not revoke a refusal decision under subsection (3).

The Minister may make a new decision to give approval under this section if the core State/Territory entity gives the Minister a new notice under subsection 23(1).