Australia’s Foreign Relations (State and Territory Arrangements) Act 2020
48Subsidiary arrangements that are not legally binding
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48 Subsidiary arrangements that are not legally binding
(1) The Minister may make a declaration under subsection (2) or (3) in relation to an arrangement if:
(b) the subsidiary arrangement is not legally binding.
Note 1: The Minister must take into account certain matters when making a decision to make a declaration under subsection (2) or (3) (see section 51).
Note 2: Section 49 deals with general matters about the declaration (such as revocation and giving notice to the parties).
Declaration that arrangement is not in operation
(a) the subsidiary arrangement:
(i) is not in operation, to the specified extent and from the specified day; or
(ii) if the foreign arrangement was entered in contravention of subsection 22(1) or 36(3)—is not, and is taken never to have been, in operation to the specified extent; and
(b) each party to the subsidiary arrangement that is a regulated Australian party must not, to the specified extent and from the specified day:
(iii) hold out, or conduct itself on the basis, that the arrangement is in operation; and
(iii) hold out in Australia, or conduct itself in Australia on the basis, that the arrangement is in operation.
(ii) as soon as practicable after complying with subparagraph (i), notify the Minister, in writing, of its compliance with that subparagraph; and
(b) each party to the subsidiary arrangement that is a regulated Australian party must not, to the specified extent and from the specified day:
(4) Each party to the subsidiary arrangement must comply with the declaration:
(5) For the purposes of paragraph (3)(a), the declaration may require that the subsidiary arrangement be varied or terminated:
(a) in accordance with any variation or termination clause of the arrangement; or
(c) in accordance with any variation or termination clause and other requirements.
(6) The Minister may make a declaration under subsection (2) or (3) only to the extent that the subsidiary arrangement was entered under the auspices of the foreign arrangement.