Arrangements that are not legally binding
6 Arrangements that are not legally binding
If:
a core State/Territory entity contravenes paragraph 2(3)(a) in relation to an arrangement between the State/Territory entity and a core foreign entity; and
the arrangement is not legally binding;
then this clause applies to the arrangement.
The arrangement is not in operation 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 not in operation; 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 in operation.
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 in operation.
This clause does not apply to an exempt arrangement
[Minister’s second reading speech made in—
House of Representatives on 3 September 2020
Senate on 12 November 2020]
(119/20)
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