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

The Minister may make a declaration under this Division in relation to an arrangement between a State/Territory entity and a foreign entity if:

the Minister is satisfied that the arrangement:

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; or

the State/Territory entity entered the arrangement in contravention of subsection 36(3).

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

The Minister may make the declaration, irrespective of whether:

the arrangement was entered before or after the commencement day; or

the Minister previously decided:

not to make a declaration under this Division in relation to the arrangement; or

to make a different declaration under this Division in relation to the arrangement; or

if the arrangement is a core foreign arrangement—the Minister gave approval under subsection 24(2) or 28(2) for the core State/Territory entity to enter the arrangement; or

if the arrangement is a non‑core foreign arrangement—the Minister did not make a declaration under subsection 36(2) prohibiting a State/Territory entity entering the arrangement.