9ADesignated country

9A Designated country

(1) The Minister may, by legislative instrument, declare that a specified foreign country is a designated country for the purposes of this Act. (2) A declaration under subsection (1) has effect accordingly. (3) The Minister must not declare a foreign country under subsection (1) unless: (a) the government of the country has requested the Minister to make the declaration; and (b) there is in force in that country legislation that corresponds to: (i) section 15; or (ii) section 15 (other than the offence provision in that section); or (iii) section 15 (other than the civil penalty provision in that section). (4) At least 90 days before making a declaration under subsection (1), the Minister must cause to be published a notice: (a) in the Gazette; and (b) in a newspaper circulating in each State, in the Northern Territory and in the Australian Capital Territory; setting out the Minister’s intention to make the declaration. (5) In deciding whether to declare a foreign country under subsection (1), the Minister must have due regard to: (a) any complaints; and (b) any supporting statements; made by the government of that country.