13Application of this Act to variations of arrangements

13  Application of this Act to variations of arrangements

General application to variations of arrangements

 (1) This Act applies in relation to a variation of an arrangement (whether the arrangement is made before, on or after the commencement day) in the same way it applies in relation to an arrangement.

Example: Sections 16 and 23 require a core State/Territory entity to notify the Minister about proposals to negotiate or enter a core foreign arrangement. Because of this subsection, if the entity proposes to negotiate a variation of a core foreign arrangement, or make a variation of a core foreign arrangement, then the entity is required to notify the Minister about that proposal.

 (2) A variation of an arrangement is any written variation of an arrangement:

 (a) whether or not it is legally binding; and

 (b) whether or not it is made in Australia;

and includes the exercise of an option to extend the arrangement.

Additional application for subsidiary arrangements

 (3) Without limiting subsection (1), this Act applies as if a reference to an arrangement that is entered under the auspices of a foreign arrangement includes a reference to the following:

 (a) a variation of an arrangement that is made under the auspices of a foreign arrangement;

 (b) an arrangement that is entered under the auspices of a variation of a foreign arrangement.

Exemptions

 (4) Without limiting subsection (1), the rules may prescribe that variations of arrangements of a kind are exempt, even if the rules do not prescribe that arrangements of that kind are exempt.

Exceptions

 (5) Subsections (1), (3) and (4) do not apply in:

 (a) subsection (2); and

 (b) subsection 9(1) (which is the definition of arrangement); and

 (c) Schedule 1 (which is about pre‑existing foreign arrangements).