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COMMONWEALTHAct
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s 32

Arrangements that are not legally binding

In force
Part 2Negotiating and entering core foreign arrangements
Division 4Consequences of unlawfully entering core foreign arrangements
Subdivision BEffect on non‑legally binding arrangements

32 Arrangements that are not legally binding

(1)

If:

(a)

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

(b)

the arrangement is not legally binding;

then this section applies to the arrangement.

(2)

The arrangement is not, and is taken never to have been, in operation.

(3)

After entering the arrangement, the core State/Territory entity must:

(a)

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

(i)

this section applies to the arrangement; and

(ii)

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

(b)

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

(4)

The core State/Territory entity must not, at any time:

(a)

give effect to the arrangement; or

(b)

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

(i)

it can give effect to the arrangement; or

(ii)

the arrangement is in operation.

(5)

The core foreign entity must not, from the time it is notified under subsection (3) that this section applies to the arrangement:

(a)

give effect to the arrangement in Australia; or

(b)

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

(i)

it can give effect to the arrangement; or

(ii)

the arrangement is in operation.

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