Definitions
4 Definitions
In this Act:
arrangement: see subsection 9(1).
Australia, when used in a geographical sense, includes the external Territories.
Australian law means a law of the Commonwealth, a State or a Territory.
Australia’s foreign policy: see subsection 5(2).
commencement day means the day section 1 commences.
core foreign arrangement: see subsection 10(2).
core foreign entity: see subsection 10(4).
core State/Territory entity: see subsection 10(3).
court means the High Court of Australia or the Federal Court of Australia.
exempt arrangement means an arrangement of a kind that is prescribed by the rules to be an exempt arrangement.
foreign arrangement: see subsection 6(2).
foreign country means any country that is outside Australia and the external Territories, whether or not it is an independent sovereign state.
foreign entity: see subsection 8(1).
foreign law means a law of a foreign country, or part of a foreign country.
gives effect to: a party to an arrangement gives effect to the arrangement if the party:
gives effect to the arrangement in any way and to any extent, whether directly or indirectly; or
takes any action for the purposes of implementing the arrangement (whether or not the arrangement contemplates that the action would be taken for those purposes), including, for example, the following action:
participating in discussions, forums, exchanges, visits or other dealings contemplated by the arrangement;
promoting projects or other matters contemplated by the arrangement;
engaging in activities contemplated by the arrangement;
entering, or encouraging other entities to enter, other arrangements contemplated by the arrangement; or
does anything of a kind prescribed by the rules;
but does not include:
taking any action to terminate the arrangement; or
taking any action to vary the arrangement in accordance with a requirement under this Act; or
doing anything of a kind prescribed by the rules.
Paragraphs (a), (b) and (c) do not limit each other.
governing documents of a university: see subsection 8(4).
legally binding: see subsection 9(2).
negotiation of an arrangement means discussions or dealings between the proposed parties that are directed towards the making of the arrangement.
non‑core foreign arrangement means a foreign arrangement that is not a core foreign arrangement.
pre‑existing foreign arrangement: see subclause 2(2) of Schedule 1.
regulated Australian party to an arrangement means any of the following entities that are a party to the arrangement:
a State/Territory entity;
an individual who:
is an Australian citizen; or
is a permanent Australian resident;
an Australian entity (within the meaning of the Foreign Acquisitions and Takeovers Act 1975);
a partnership or an association incorporated or formed under an Australian law;
any other entity prescribed by the rules to be a regulated Australian party;
but does not include an entity prescribed by the rules as not being a regulated Australian party.
rules means rules made under subsection 54(1).
State/Territory entity: see section 7.
subsidiary arrangement: see subsection 12(1).
terminate an arrangement includes withdraw from the arrangement.
Territory means:
the Australian Capital Territory; or
the Northern Territory; or
an external Territory.
this Act includes the rules.
under the auspices: see subsection 12(2).
variation of an arrangement: see subsection 13(2).
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