This Act deals with foreign arrangements. These are arrangements between particular kinds of State and Territory entities and particular kinds of foreign entities.
The kinds of State and Territory entities that are covered by this Act are the States and Territories themselves, their governments, Departments and agencies, as well as some other entities (see section 7 for the entities that are covered). Each of these entities is a “State/Territory entity”.
The kinds of foreign entities that are covered by this Act are foreign countries and the national governments, Departments and agencies of foreign countries; provinces, states or other political subdivisions of foreign countries and their corresponding governments, Departments and agencies; and some other entities (see section 8 for the entities that are covered). Each of these entities is a “foreign entity”.
A State/Territory entity is required to notify the Minister if the entity proposes to enter, or enters, a foreign arrangement.
There are additional requirements in Part 2 that apply just to core foreign arrangements. Core foreign arrangements are arrangements between a core State/Territory entity and a core foreign entity. Generally, these are principal State/Territory entities and foreign entities. (See subsections 10(3) and (4) for the entities that are covered.)
In some cases, additional requirements might apply to non‑core foreign arrangements. This depends on whether the Minister decides to make a declaration in relation to those arrangements. Certain conditions need to be satisfied before the Minister can make the declaration. Part 3 deals with these declarations.
The Minister may make a declaration that a foreign arrangement (whether or not a core foreign arrangement) is invalid and unenforceable, required to be varied or terminated, or not in operation (depending on the nature of the arrangement). Certain conditions need to be satisfied before the Minister can make the declaration. Part 4 deals with these declarations.
Subsidiary arrangements of foreign arrangements
This Act also applies in a more limited way to subsidiary arrangements of foreign arrangements. A subsidiary arrangement is an arrangement that is entered under the auspices of a foreign arrangement but is not itself a foreign arrangement.
The Minister may make a declaration that a subsidiary arrangement is invalid and unenforceable, required to be varied or terminated, or not in operation (depending on the nature of the arrangement). Part 4 deals with these declarations for subsidiary arrangements.
Variations of foreign arrangements
Generally, this Act applies to variations of arrangements in the same way as it applies to arrangements. For example, a State/Territory entity will be required to give a notice of a proposal to vary a foreign arrangement in the same way as it is required to give a notice of a proposal to enter a foreign arrangement.
Transitional requirements for pre‑existing foreign arrangements
A State/Territory entity that is party to a foreign arrangement that is in operation on the commencement day, or which comes into operation before the day on which Part 2 commences, must notify the Minister about the arrangement. Schedule 1 deals with these notification requirements.
4 Definitions
In this Act:
arrangement: see subsection 9(1).
Australia, when used in a geographical sense, includes the external Territories.
Australian law means a law of the Commonwealth, a State or a Territory.
Australia’s foreign policy: see subsection 5(2).
commencement day means the day section 1 commences.
core foreign arrangement: see subsection 10(2).
core foreign entity: see subsection 10(4).
core State/Territory entity: see subsection 10(3).
court means the High Court of Australia or the Federal Court of Australia.
exempt arrangement means an arrangement of a kind that is prescribed by the rules to be an exempt arrangement.
foreign arrangement: see subsection 6(2).
foreign country means any country that is outside Australia and the external Territories, whether or not it is an independent sovereign state.
foreign entity: see subsection 8(1).
foreign law means a law of a foreign country, or part of a foreign country.
gives effect to: a party to an arrangement gives effect to the arrangement if the party:
(a) gives effect to the arrangement in any way and to any extent, whether directly or indirectly; or
(b) takes any action for the purposes of implementing the arrangement (whether or not the arrangement contemplates that the action would be taken for those purposes), including, for example, the following action:
(i) participating in discussions, forums, exchanges, visits or other dealings contemplated by the arrangement;
(ii) promoting projects or other matters contemplated by the arrangement;
(iii) engaging in activities contemplated by the arrangement;
(iv) entering, or encouraging other entities to enter, other arrangements contemplated by the arrangement; or
(c) does anything of a kind prescribed by the rules;
(d) taking any action to terminate the arrangement; or
(e) taking any action to vary the arrangement in accordance with a requirement under this Act; or
(f) doing anything of a kind prescribed by the rules.
Paragraphs (a), (b) and (c) do not limit each other.
governing documents of a university: see subsection 8(4).
legally binding: see subsection 9(2).
negotiation of an arrangement means discussions or dealings between the proposed parties that are directed towards the making of the arrangement.
non‑core foreign arrangement means a foreign arrangement that is not a core foreign arrangement.
pre‑existing foreign arrangement: see subclause 2(2) of Schedule 1.
regulated Australian party to an arrangement means any of the following entities that are a party to the arrangement:
(a) a State/Territory entity;
(b) an individual who:
(i) is an Australian citizen; or
(ii) is a permanent Australian resident;
(c) an Australian entity (within the meaning of the Foreign Acquisitions and Takeovers Act 1975);
(d) a partnership or an association incorporated or formed under an Australian law;
(e) any other entity prescribed by the rules to be a regulated Australian party;
but does not include an entity prescribed by the rules as not being a regulated Australian party.
rules means rules made under subsection 54(1).
State/Territory entity: see section 7.
subsidiary arrangement: see subsection 12(1).
terminate an arrangement includes withdraw from the arrangement.
Territory means:
(a) the Australian Capital Territory; or
(b) the Northern Territory; or
(c) an external Territory.
this Act includes the rules.
under the auspices: see subsection 12(2).
variation of an arrangement: see subsection 13(2).