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

The Minister may make a declaration under this Division in relation to a subsidiary arrangement of a foreign arrangement if:

any of the following apply to the foreign arrangement:

a declaration is in force under subsection 41(2) or (3), 42(2) or 43(2) or (3) in relation to the foreign arrangement;

the foreign arrangement was entered in contravention of subsection 22(1) or 36(3);

clause 4, 5 or 6 of Schedule 1 applies to the foreign arrangement; and

the Minister is satisfied that the subsidiary 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.

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 subsidiary 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 subsidiary arrangement; or

to make a different declaration under this Division in relation to the subsidiary arrangement.