44Matters relating to declarations about foreign arrangements

44  Matters relating to declarations about foreign arrangements

 (1) This section applies if the Minister makes a declaration under subsection 41(2) or (3), 42(2) or 43(2) or (3) in relation to an arrangement between a State/Territory entity and a foreign entity.

Revoking declaration

 (3) The Minister may revoke the declaration if the Minister ceases to be satisfied of the matters on which the declaration was made.

 (4) However, the Minister may not revoke the declaration if it has already come into force.

 (5) If the Minister revokes the declaration, then the Minister must revoke any declaration made under subsection 46(2) or (3), 47(2) or 48(2) or (3) in relation to a subsidiary arrangement of the arrangement.

 (6) The Minister must, as soon as practicable after making the declaration, give the State/Territory entity a written notice under this subsection that:

 (7) If, under subsection (3), the Minister revokes the declaration, then the Minister must, as soon as practicable, give the State/Territory entity a written notice that states that the declaration is revoked.

Division 3—The Minister’s power to make declarations about subsidiary arrangements that are in operation

Subdivision A—When the Minister may make declarations about subsidiary arrangements

45  When the Minister may make declarations under this Division

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

 (a) any of the following apply to the foreign arrangement:

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

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

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

 (b) the Minister is satisfied that the subsidiary arrangement:

 (ii) is, or is likely to be, inconsistent with Australia’s foreign policy.

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

Matters that are not relevant

 (2) The Minister may make the declaration, irrespective of whether:

 (a) the subsidiary arrangement was entered before or after the commencement day; or

 (b) the Minister previously decided:

 (i) not to make a declaration under this Division in relation to the subsidiary arrangement; or

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