Arrangements that are legally binding under Australian law
4 Arrangements that are legally binding under Australian law
If:
a core State/Territory entity contravenes paragraph 2(3)(a) in relation to a pre‑existing foreign arrangement between the State/Territory entity and a core foreign entity; and
apart from this clause, the arrangement would be legally binding under an Australian law;
then this clause applies to the arrangement.
The arrangement is invalid and unenforceable after the contravention.
The core State/Territory entity must:
within 14 days, or such longer period (if any) prescribed by the rules, notify the core foreign entity that:
this clause applies to the arrangement; and
the arrangement is invalid and unenforceable; and
as soon as practicable after it has complied with paragraph (a), notify the Minister, in writing, of its compliance with that paragraph.
The core State/Territory entity must not, at any time after the contravention:
give effect to the arrangement; or
hold out, or conduct itself on the basis, that:
it can give effect to the arrangement; or
the arrangement is valid or enforceable.
The core foreign entity must not, from the time it is notified under subclause (3) that this clause applies to the arrangement:
give effect to the arrangement in Australia; or
hold out in Australia, or conduct itself in Australia on the basis, that:
it can give effect to the arrangement; or
the arrangement is valid or enforceable.
This clause does not apply to an exempt arrangement.
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