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

The Minister may make a declaration under subsection (2) if:

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.

The Minister must take into account certain matters when making a decision to make a declaration under subsection (2) (see section 51).

Section 37 deals with general matters about the declaration (such as revocation and giving notice to the State/Territory entity).

The Minister may make a written declaration that the State/Territory entity must not start, or continue, to negotiate the arrangement.

The State/Territory entity must comply with the declaration.

A declaration made under subsection (2) is not a legislative instrument.