51Matters that the Minister must take into account

51  Matters that the Minister must take into account

 (1) This section applies if the Minister is making a decision to make a declaration in relation to an arrangement under:

 (a) subsection 35(2) (which is about declarations that prohibit State/Territory entities from negotiating non‑core foreign arrangements); or

 (b) subsection 36(2) (which is about declarations that prohibit State/Territory entities from entering non‑core foreign arrangements); or

 (c) subsection 41(2) or (3) (which are about declarations that affect foreign arrangements that are legally binding under Australian law); or

 (d) subsection 42(2) (which is about declarations that affect foreign arrangements that are legally binding under foreign law); or

 (e) subsection 43(2) or (3) (which are about declarations that affect foreign arrangements that are not legally binding); or

 (f) subsection 46(2) or (3) (which are about declarations that affect subsidiary arrangements that are legally binding under Australian law); or

 (g) subsection 47(2) (which is about declarations that affect subsidiary arrangements that are legally binding under foreign law); or

 (h) subsection 48(2) or (3) (which are about declarations that affect subsidiary arrangements that are not legally binding).

 (2) When making the decision, the Minister must take into account the following matters in relation to the State or Territory to which the arrangement relates:

 (a) the importance of the arrangement in assisting or enhancing the functioning of the State or Territory;

 (b) the extent of the performance of the arrangement;

 (c) whether the declaration would impair the continued existence of the State or Territory as an independent entity;

 (d) whether the declaration would significantly curtail or interfere with the capacity of the State or Territory to function as a government;

 (e) whether the declaration would have significant financial consequences for the State or Territory;

 (f) whether the declaration would impede the acquisition of goods or services by the State or Territory, including, for example, for the purposes of infrastructure;

 (g) whether the declaration would have an effect on the capacity of the State or Territory to complete an existing project that is to be delivered under the arrangement (either at all, or within the intended timeframe);

 (h) any other matter that the Minister considers is relevant;

to the extent that information concerning those matters has been given to the Minister by the State or Territory in accordance with subsection (3).

 (3) A State or Territory may give the Minister information concerning the matters referred to in subsection (2) in relation to an arrangement. However, the information may only be given: