Australia's Foreign Relations (State and Territory Arrangements) Act 2020 (Cth)
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// Codebase: Australia's Foreign Relations (State and Territory Arrangements) Act 2020
// Author/Contributor: Andrew Mowbray
// Created: 21 March 2021
// Last Updated: 21 March 2021
CONTEXT Australia's Foreign Relations (State and Territory Arrangements)
Act 2020
THING the Australian entity
THING the non-Australian entity
THING the variation
THING the arrangement
THING the party
DATE the date this Act received Royal Assent
DATE the date fixed by proclamation
RULE Long Title PROVIDES
the long title of the Act is An Act to protect and manage Australia's
foreign relations, and for related purposes
//
// Part 1 - Preliminary
//
// Division 1 - Preliminary Matters
RULE Section 1 - Short Title PROVIDES
This Act is the Australia's Foreign Relations (State and Territory
Arrangements) Act 2020
RULE Section 2 - Commencement PROVIDES
IF the Act has received Royal Assent THEN BEGIN
the Act has commenced
ASSERT the commencement date of Act other than Parts 2 and 3 IS
the date this Act received Royal Assent
IF the commencement date for Parts 2 and 3 has been proclaimed THEN
the commencement date of Parts 2 and 3 IS the date fixed by
proclamation
ELSE IF today GREATER THAN the date this Act received Royal Assent PLUS
3 MONTHS THEN
the commencement date of Parts 2 and 3 IS the date this Act received
Royal Assent PLUS 3 MONTHS PLUS 1 DAY
ELSE
Parts 2 and 3 have not commenced
END ELSE
the Act has not commenced
RULE Section 3 - Simplified outline of this Act PROVIDES
this Act deals with foreign arrangements AND
these are arrangements between particular kinds of State and Territory
entities and particular kinds of foreign entities AND
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 AND
each of these entities is a "State/Territory entity" AND
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 AND
each of these entities is a "foreign entity" AND
a State/Territory entity is required to notify the Minister if the entity
proposes to enter, or enters, a foreign arrangement AND
there are additional requirements in Part 2 that apply just to core foreign
arrangements AND
core foreign arrangements are arrangements between a core State/Territory
entity and a core foreign entity AND
generally, these are principal State/Territory entities and foreign
entities AND
in some cases, additional requirements might apply to non-core foreign
arrangements AND
this depends on whether the Minister decides to make a declaration in relation
to those arrangements AND certain conditions need to be satisfied before
the Minister can make the declaration AND
Part 3 deals with these declarations AND
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) AND
certain conditions need to be satisfied before the Minister can make the
declaration AND
Part 4 deals with these declarations AND
this Act also applies in a more limited way to subsidiary arrangements of
foreign arrangements AND
a subsidiary arrangement is an arrangement that is entered under the auspices
of a foreign arrangement but is not itself a foreign arrangement AND
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) AND
Part 4 deals with these declarations for subsidiary arrangements AND
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 AND
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 AND
Schedule 1 deals with these notification requirements
RULE Section 4 - Definitions "arrangement" PROVIDES
"arrangement" is defined in section 9(1)
RULE Section 4 - Definitions "Australia" PROVIDES
"Australia" includes the external Territories
RULE Section 4 - Definitions "Australian law" PROVIDES
"Australian law" means a law of the Commonwealth, a State or a Territory.
RULE Section 4 - Definitions "Australia's foreign policy" PROVIDES
"Australia's foreign policy" is defined in section 5(2)
RULE Section 4 - Definitions "commencement day" PROVIDES
the "commencement day" under the section 4 definition IS
the commencement date of Act other than Parts 2 and 3
RULE Section 4 - Definitions "core foreign arrangement" PROVIDES
"core foreign arrangement" is defined in section 10(2)
RULE Section 4 - Definitions "core foreign entity" PROVIDES
"core foreign entity" is defined in section 10(4)
RULE Section 4 - Definitions "core State/Territory entity" PROVIDES
"core State/Territory entity" is defined in section 10(3)
RULE Section 4 - Definitions "court" PROVIDES
"court" means the High Court of Australia or the Federal Court of Australia
RULE Section 4 - Definitions "exempt arrangement" PROVIDES
the arrangement is an "exempt arrangement" under the section 4 definition
ONLY IF
the arrangement is exempt under the rules
RULE Section 4 - Definitions "foreign arrangement" PROVIDES
"foreign arrangement" is defined in section 6(2)
RULE Section 4 - Definitions "foreign country" PROVIDES
"foreign country " means any country that is outside Australia and the
external Territories, whether or not it is an independent sovereign state
RULE Section 4 - Definitions "foreign entity" PROVIDES
"foreign entity" is defined in section 8(1)
RULE Section 4 - Definitions "foreign law" PROVIDES
"foreign law" means a law of a foreign country, or part of a foreign country
RULE Section 4 - Definitions "gives effect to" PROVIDES
the party to an arrangement gives effect to the arrangement ONLY IF
section (a) of the section 4 definition of "gives effect to" applies AND/OR
section (b) of the section 4 definition of "gives effect to" applies AND/OR
section (c) of the section 4 definition of "gives effect to" applies AND
section (d) of the section 4 definition of "gives effect to" does not
apply AND
section (e) of the section 4 definition of "gives effect to" does not
apply AND
section (f) of the section 4 definition of "gives effect to" does not
apply
RULE Section 4 - Definitions "gives effect to" (a) PROVIDES
section (a) of the section 4 definition of "gives effect to" applies ONLY IF
the party gives effect to the arrangement in any way and to any extent,
whether directly or indirectly
RULE Section 4 - Definitions "gives effect to" (b) PROVIDES
section (b) of the section 4 definition of "gives effect to" applies ONLY IF
subsection (b)(i) of the definition of "gives effect to" applies OR
subsection (b)(ii) of the definition of "gives effect to" applies OR
subsection (b)(iii) of the definition of "gives effect to" applies OR
subsection (b)(iv) of the definition of "gives effect to" applies OR
the party otherwise 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)
RULE Section 4 - Definitions "gives effect to" (b)(i) PROVIDES
subsection (b)(i) of the definition of "gives effect to" applies ONLY IF
the party has participated in discussions, forums, exchanges, visits or
other dealings contemplated by the arrangement
RULE Section 4 - Definitions "gives effect to" (b)(ii) PROVIDES
subsection (b)(ii) of the definition of "gives effect to" applies ONLY IF
the party has promoted projects or other matters contemplated by the
arrangement
RULE Section 4 - Definitions "gives effect to" (b)(iii) PROVIDES
subsection (b)(iii) of the definition of "gives effect to" applies ONLY IF
the party has engaged in activities contemplated by the arrangement
RULE Section 4 - Definitions "gives effect to" (b)(iv) PROVIDES
subsection (b)(iv) of the definition of "gives effect to" applies ONLY IF
the party has entered into other arrangements contemplated by the
the party has encouraged other entities to enter into other arrangements
contemplated by the arrangement
RULE Section 4 - Definitions "gives effect to" (c) PROVIDES
section (c) of the section 4 definition of "gives effect to" applies ONLY IF
the party does anything of a kind that "gives effect to" as prescribed by
the rules
RULE Section 4 - Definitions "gives effect to" (d) PROVIDES
the party has only taken action to terminate the arrangement
RULE Section 4 - Definitions "gives effect to" (e) PROVIDES
the party has only taken action to vary the arrangement in accordance with
a requirement under this Act
RULE Section 4 - Definitions "gives effect to" (f) PROVIDES
all of the party's actions are of a kind prescribed by the rules as not
"giving effect to" an arrangement
RULE Section 4 - Definitions "governing documents" PROVIDES
"governing documents" of a university is defined in subsection 8(4)
RULE Section 4 - Definitions "legally binding" PROVIDES
"legally binding" is defined in subsection 9(2)
RULE Section 4 - Definitions "negotiation" PROVIDES
"negotiation" of an arrangement means discussions or dealings between the
proposed parties that are directed towards the making of the arrangement
RULE Section 4 - Definitions "non-core foreign arrangement" PROVIDES
the arrangement is a "non-core foreign arrangement" under the section 4
definition ONLY IF
the arrangement is a "foreign arrangement" under section 6 AND
the arrangement is not a "core foreign arrangement" under section 10(2)
RULE Section 4 - Definitions "pre-existing foreign arrangement" PROVIDES
"pre-existing foreign arrangement" is defined in subclause 2(2) of Schedule 1
RULE Section 4 - Definitions "regulated Australian party" PROVIDES
the party is a "regulated Australian party" to the arrangement under the
section 4 definition ONLY IF
subsection (a) of the definition of "regulated Australian party"
applies AND/OR
subsection (b) of the definition of "regulated Australian party"
applies AND/OR
subsection (c) of the definition of "regulated Australian party"
applies AND/OR
subsection (d) of the definition of "regulated Australian party"
applies AND/OR
subsection (e) of the definition of "regulated Australian party"
applies AND
the party is not an entity prescribed by the rules as not being a
regulated Australian party
RULE Section 4 - Definitions "regulated Australian party" (a) PROVIDES
subsection (a) of the definition of "regulated Australian party" applies
ONLY IF
the party is a State/Territory entity
RULE Section 4 - Definitions "regulated Australian party" (b) PROVIDES
subsection (b) of the definition of "regulated Australian party" applies
ONLY IF
the party is an individual who is an Australian citizen OR
the party is an individual who is a permanent Australian resident
RULE Section 4 - Definitions "regulated Australian party" (c) PROVIDES
subsection (c) of the definition of "regulated Australian party" applies
ONLY IF
the party is an Australian entity within the meaning of the Foreign
Acquisitions and Takeovers Act 1975
RULE Section 4 - Definitions "regulated Australian party" (d) PROVIDES
subsection (d) of the definition of "regulated Australian party" applies
ONLY IF
the party is a partnership or an association incorporated or formed
under an Australian law
RULE Section 4 - Definitions "regulated Australian party" (e) PROVIDES
subsection (e) of the definition of "regulated Australian party" applies
ONLY IF
the party is any other entity prescribed by the rules to be a
regulated Australian party;
RULE Section 4 - Definitions "rules" PROVIDES
"rules" means rules made under subsection 54(1)
RULE Section 4 - Definitions "State/Territory entity" PROVIDES
"State/Territory entity" is defined in section 7
RULE Section 4 - Definitions "subsidiary arrangement" PROVIDES
"subsidiary arrangement" is defined in section 12(1)
RULE Section 4 - Definitions "terminate" PROVIDES
"terminate" an arrangement includes withdraw from the arrangement
RULE Section 4 - Definitions "Territory" PROVIDES
"Territory" means:
(a) the Australian Capital Territory; or
(b) the Northern Territory; or
(c) an external Territory
RULE Section 4 - Definitions "this Act" PROVIDES
"this Act" includes the rules
RULE Section 4 - Definitions "under the auspices" PROVIDES
"under the auspices" is defined in subsection 12(2)
RULE Section 4 - Definitions "variation of an arrangement" PROVIDES
"variation of an arrangement" is defined in subsection 13(2)
// Division 2 - Core Provisions of this Act
RULE Section 5 - Object of this Act PROVIDES
the Act applies ONLY IF
the Australian entity is a "State/Territory entity" under section 7 AND
the non-Australian entity is a "foreign entity" under section 8 AND
the arrangement is an "arrangement" under the Act AND
the Act has commenced
IF the Act applies THEN
the object of the Act as set out in section 5 is achieved ONLY IF
the Commonwealth is able to protect and manage Australia's foreign
relations
RULE Section 5(1) PROVIDES
the Commonwealth is able to protect and manage Australia's foreign relations
ONLY IF
section 5(1)(a) applies AND
section 5(1)(b) applies
RULE Section 5(1)(a) PROVIDES
section 5(1)(a) applies ONLY IF
the arrangement between the Australian entity and the non-Australian entity
does not adversely affect Australia's foreign relations AND
the arrangement between the Australian entity and the non-Australian entity
is not likely to adversely affect Australia's foreign relations
RULE Section 5(1)(b) PROVIDES
section 5(1)(b) applies ONLY IF
the arrangement is related to Australia's foreign policy as defined in
section 5(2) AND/OR
the arrangement is otherwise related to Australia's foreign policy AND
the arrangement between the Australian entity and the non-Australian entity
is not inconsistent with Australia's foreign policy AND
the arrangement between the Australian entity and the non-Australian entity
is not likely to be inconsistent with Australia's foreign policy
RULE Section 5(2) PROVIDES
the arrangement is related to Australia's foreign policy as defined in
section 5(2) ONLY IF
the arrangement is related to policy that the Minister is satisfied is
Commonwealth policy AND
section 5(2)(a) applies AND/OR
section 5(2)(b) applies
RULE Section 5(2)(a) PROVIDES
section 5(2)(a) applies ONLY IF
the Minister is satisfied that the arrangement is related to Australia's
foreign relations
RULE Section 5(2)(b) PROVIDES
section 5(2)(b) applies ONLY IF
the Minister is satisfied that the arrangement is related to things
outside Australia
RULE Section 5(2)(c) PROVIDES
section 5(2)(c) applies ONLY IF
the policy is written or publicly available OR
the policy is not written or publicly available
RULE Section 5(2)(d) PROVIDES
section 5(2)(d) applies ONLY IF
the policy has been formulated, decided upon, or approved by any
particular member or body of the Commonwealth OR
the policy has not been formulated, decided upon, or approved by any
particular member or body of the Commonwealth
RULE Section 6 - Foreign arrangements PROVIDES
the arrangement is a "foreign arrangement" under section 6 ONLY IF
the arrangement is between an Australian entity and a Non-Australian
entity AND
the arrangement is an "arrangement" under the Act AND
the Australian entity is a "State/Territory entity" under section 7 AND
the non-Australian entity is a "foreign entity" under section 8
RULE Section 7 - What are State/Territory entities? PROVIDES
the Australian entity is a "State/Territory entity" under section 7 ONLY IF
section 55(1) applies AND/OR
section 7(e) applies AND/OR
section 7(a) applies AND/OR
section 7(b) applies AND/OR
section 7(c) applies AND/OR
section 7(d) applies AND/OR
section 7(f) applies AND
section 7(g) does not apply AND
section 7(h) does not apply AND
section 7(i) does not apply
RULE Section 7(a) PROVIDES
section 7(a) applies ONLY IF
the Australian entity is a State or Territory
RULE Section 7(b) PROVIDES
section 7(b) applies ONLY IF
the Australian entity is the government of a State or Territory
RULE Section 7(c) PROVIDES
section 7(c) applies ONLY IF
the Australian entity is a Department or agency of a State or Territory or
the government of a State or Territory
RULE Section 7(d) PROVIDES
section 7(d) applies ONLY IF
the Australian entity is a body established for the purposes of local
government by, or under a law of a State or a Territory
RULE Section 7(e) PROVIDES
section 7(e) applies ONLY IF
the Australian entity is a university established by, or under, a law
of a State or a Territory
RULE Section 7(f) PROVIDES
section 7(f) applies ONLY IF
the Australian entity is an entity that is prescribed by the rules to
be a State/Territory entity
RULE Section 7(g) PROVIDES
section 7(g) applies ONLY IF
the Australian entity is a corporation that operates on a commercial basis
RULE Section 7(h) PROVIDES
section 7(h) applies ONLY IF
the Australian entity is a hospital
RULE Section 7(i) PROVIDES
section 7(i) applies ONLY IF
the Australian entity is an entity that is prescribed by the rules not to
be a State/Territory entity
RULE Section 8 - What are foreign entities? PROVIDES
the non-Australian entity is a "foreign entity" under section 8 ONLY IF
BEGIN the non-Australian entity is a University that is located in a
foreign country AND
section 8(1)(i) applies AND/OR
section 8(1)(j) applies OR
the non-Australian entity is not a University that is located in a foreign
country AND
section 8(1)(a) applies AND/OR
section 8(1)(b) applies AND/OR
section 8(1)(c) applies AND/OR
section 8(1)(d) applies AND/OR
section 8(1)(e) applies AND/OR
section 8(1)(f) applies AND/OR
section 8(1)(g) applies AND/OR
section 8(1)(h) applies AND/OR
section 8(1)(j) applies END AND
section 8(1)(k) does not apply AND
section 8(1)(l) does not apply
RULE Section 8(1)(a) PROVIDES
section 8(1)(a) applies ONLY IF
the non-Australian entity is a foreign country
RULE Section 8(1)(b) PROVIDES
section 8(1)(b) applies ONLY IF
the non-Australian entity is the national government of a foreign country
RULE Section 8(1)(c) PROVIDES
section 8(1)(c) applies ONLY IF
the non-Australian entity is a Department or agency of a foreign country
or the national government of a foreign country
RULE Section 8(1)(d) PROVIDES
section 8(1)(d) applies ONLY IF
the non-Australian entity is a province, state, self-governing territory,
region, local council, municipality or other political subdivision
(by whatever name known) of a foreign country
RULE Section 8(1)(e) PROVIDES
section 8(1)(e) applies ONLY IF
the non-Australian entity is a local council, municipality or other
political subdivision (by whatever name known) of a province, state,
self-governing territory, region, local council, municipality or other
political subdivision (by whatever name known) of a foreign country
RULE Section 8(1)(f) PROVIDES
section 8(1)(f) applies ONLY IF
the non-Australian entity is the government of a province, state,
self-governing territory, region, local council, municipality or other
political subdivision (by whatever name known) of a foreign country or
a local council, municipality or other political subdivision (by whatever
name known) of a province, state, self-governing territory, region, local
council, municipality or other political subdivision (by whatever name
known) of a foreign country
RULE Section 8(1)(g) PROVIDES
section 8(1)(g) applies ONLY IF
the non-Australian entity is a Department or agency of the government of
a province, state, self-governing territory, region, local council,
municipality or other political subdivision (by whatever name known) of a
foreign country or a local council, municipality or other political
subdivision (by whatever name known) of a province, state, self-governing
territory, region, local council, municipality or other political
subdivision (by whatever name known) of a foreign country
RULE Section 8(1)(h) PROVIDES
section 8(1)(h) applies ONLY IF
the non-Australian entity is an authority of the government of
a province, state, self-governing territory, region, local council,
municipality or other political subdivision (by whatever name known) of a
foreign country or a local council, municipality or other political
subdivision (by whatever name known) of a province, state, self-governing
territory, region, local council, municipality or other political
subdivision (by whatever name known) of a foreign country AND
the non-Australian entity is established for a public purpose
RULE Section 8(1)(i) PROVIDES
section 8(1)(i) applies ONLY IF
the non-Australian entity is a University that is located in a foreign
country AND
the non-Australian entity does not have institutional autonomy as defined
in section 8(2)
RULE Section 8(1)(j) PROVIDES
section 8(1)(j) applies ONLY IF
the non-Australian entity is an entity that is prescribed by the rules
as being a foreign entity
RULE Section 8(1)(k) PROVIDES
section 8(1)(k) applies ONLY IF
the non-Australian entity is a corporation that operates on a commercial
basis
RULE Section 8(1)(l) PROVIDES
section 8(1)(l) applies ONLY IF
the non-Australian entity is an entity that is prescribed by the rules
as not being a foreign entity
RULE Section 8(2) PROVIDES
the non-Australian entity does not have institutional autonomy as defined
in section 8(2) ONLY IF
a foreign government is in a position to exercise substantial control over
the university
RULE Section 8(3) PROVIDES
a foreign government is in a position to exercise substantial control over
the university ONLY IF
section 8(3)(a) applies OR
section 8(3)(b) applies OR
section 8(3)(c) applies
RULE Section 8(3)(a) PROVIDES
section 8(3)(a) applies ONLY IF
a majority of the members of the university's governing body are
required, by a law or the university's governing documents, to be
members or part of (however described) the political party that forms
the foreign government
RULE Section 8(3)(b) PROVIDES
section 8(3)(b) applies ONLY IF
education provided or research conducted at the university is required,
by a law or the university's governing documents, to adhere to, or be in
service of, political principles or political doctrines of the foreign
government or the political party that forms the foreign government
RULE Section 8(3)(c) PROVIDES
section 8(3)(c) applies ONLY IF
the university's academic staff are required, by a law or the university's
governing documents, to adhere to, or be in service of, political
principles or political doctrines of the foreign government or the
political party that forms the foreign government in their teaching,
research, discussions, publications or public commentary
RULE Section 9 - What is an arrangement? PROVIDES
the arrangement satisfies the section 9 definition of "arrangement" ONLY IF
the arrangement is a written arrangement, agreement, contract,
understanding or undertaking
RULE Section 9(2) PROVIDES
the arrangement is legally binding under section 9(2) ONLY IF
if any of the provisions of the arrangement confer legal rights or impose
legal obligations that are legally enforceable under an Australian law or
a foreign law
RULE Section 10 - Core foreign arrangements PROVIDES
the arrangement is a "core foreign arrangement" under section 10(2) ONLY IF
the arrangement is a "foreign arrangement" under section 6 AND
the Australian entity is a "core State/Territory entity" under
section 10(3) AND
the non-Australian entity is a "core foreign entity" under section 10(4)
RULE Section 10(3) PROVIDES
the Australian entity is a "core State/Territory entity" under section 10(3)
ONLY IF
section 7(a) applies OR
section 7(b) applies OR
section 7(c) applies
RULE Section 10(4) PROVIDES
the non-Australian entity is a "core foreign entity" under section 10(4)
ONLY IF
section 8(1)(a) applies AND/OR
section 8(1)(b) applies AND/OR
section 8(1)(c) applies AND/OR
the non-Australian entity is an entity that is external to Australia and
is prescribed by the rules to be a core foreign entity AND
the non-Australian entity is not a corporation that operates on a
commercial basis
RULE Section 11 - Application of this Act to subsidiary arrangements PROVIDES
for the purposes of achieving the objects of this Act, this Act also has
provisions dealing with subsidiary arrangements of foreign arrangements
RULE Section 12 - What is a subsidiary arrangement? PROVIDES
the arrangement is a subsidiary arrangement of a foreign arrangement
under section 12 ONLY IF
section 12(1)(a) applies AND
section 12(1)(b) does not apply
RULE Section 12(1)(a) PROVIDES
section 12(1)(a) applies ONLY IF
the arrangement was entered unto under the auspices of the foreign
arrangement as defined in section 12(2)
RULE Section 12(1)(b) PROVIDES
section 12(1)(b) applies ONLY IF
the arrangement is a "foreign arrangement" under section 6
RULE Section 12(2) PROVIDES
the arrangement was entered into under the auspices of the foreign arrangement
as defined in section 12(2) ONLY IF
the arrangement was entered at the same time, or after, the foreign
arrangement was entered AND
section 12(2)(a) applies OR
section 12(2)(b) applies OR
section 12(2)(c) applies
RULE Section 12(2)(a) PROVIDES
section 12(2)(a) applies ONLY IF
the arrangement was entered into for the purposes of implementing the
foreign arrangement, in any way and to any extent, whether directly
or indirectly, and whether or not the arrangement refers to the
foreign arrangement or contemplates the arrangement or arrangements of
the same kind
RULE Section 12(2)(b) PROVIDES
section 12(2)(b) applies ONLY IF
section 12(2)(b)(i) applies AND
section 12(2)(b)(ii) applies
RULE Section 12(2)(b)(i) PROVIDES
section 12(2)(b)(i) applies ONLY IF
the foreign arrangement contemplates the arrangement, or arrangements of
the same kind as the arrangement, being entered (including, for example, by
encouraging or promoting the arrangement, or arrangements of that kind, to
be entered)
RULE Section 12(2)(b)(ii) PROVIDES
section 12(2)(b)(ii) applies ONLY IF
the arrangement is entered as a consequence of the foreign arrangement, or
of any actions taken under the foreign arrangement
RULE Section 12(2)(c) PROVIDES
section 12(2)(c) applies ONLY IF
the arrangement and the foreign arrangement have a relationship of a
kind prescribed by the rules
RULE Section 12(3) PROVIDES
IF section 12(3)(a) applies OR section 12(3)(b) applies THEN
the operation of 12(1) is unaffected
RULE Section 12(3)(a) PROVIDES
section 12(3)(a) applies ONLY IF
the parties were aware that the arrangement was entered in contravention
of a provision of this Act
RULE Section 12(3)(b) PROVIDES
section 12(3)(b) applies ONLY IF
the parties were aware that the arrangement was invalid, unenforceable,
not in operation, terminated, required to be terminated, or affected
in any other way
RULE Section 13 - Application of this Act to variations of arrangements
PROVIDES
IF section 13(1) applies THEN
the name of the arrangement IS the name of the variation
RULE Section 13(1) PROVIDES
section 13(1) applies ONLY IF
the dealing in question is in relation to a variation of an existing
arrangement
RULE Section 13(2) PROVIDES
section 13(2) applies ONLY IF
the dealing in question is in relation to a variation of an existing
arrangement AND
the variation is in writing
RULE Section 13(3) PROVIDES
a reference to an arrangement that is entered under the auspices of a
foreign arrangement includes a variation of an arrangement that is made
under the auspices of a foreign arrangement AND
a reference to an arrangement that is entered under the auspices of a
foreign arrangement includes an arrangement that is entered under the
auspices of a variation of a foreign arrangement
RULE Section 13(4) PROVIDES
the rules may prescribe that variations of arrangements of a kind are exempt,
even if the rules do not prescribe that arrangements of that kind are exempt
RULE Section 13(5) PROVIDES
IF the dealing in question is in relation to a variation of an existing
arrangement THEN
the arrangement is an "arrangement" under the Act ONLY IF
section 13(2) applies
ELSE
the arrangement is an "arrangement" under the Act ONLY IF
the arrangement satisfies the section 9 definition of "arrangement"
//
// Part 2 - Negotiating and Entering Core Foreign Arrangements
//
// Division 1 - Simplified Outline of this Part
RULE Section 14 - Simplified outline of this Part PROVIDES
a core State/Territory entity that proposes to negotiate or enter an
arrangement with a core foreign entity must notify the Minister about
that proposal AND
if the entity enters the arrangement, it must also notify the Minister about
that AND
a core State/Territory entity must not negotiate an arrangement with a core
foreign entity without the Minister's approval AND
the entity also must not enter the arrangement without the Minister's
approval AND
the Minister must give approval if the Minister is satisfied that the
proposed negotiation or arrangement would not adversely affect, or
would be unlikely to adversely affect, Australia's foreign relations; and
would not be, or would be unlikely to be, inconsistent with Australia's
foreign policy AND
otherwise, the Minister must refuse to give approval AND
if the Minister does not make a decision within 30 days of being notified of
the proposal to negotiate or enter the arrangement, then the Minister
is taken to have given approval for the proposal AND
if a core State/Territory entity enters an arrangement with a core foreign
entity without the Minister's approval, then the arrangement will be
invalid and unenforceable, be required to be terminated, or not be in
operation (depending on the nature of the arrangement) AND
the entities will also be prohibited from giving effect to the arrangement
and from holding out that they are able to give effect to the
arrangement AND
these consequences will apply automatically and without the involvement of
the Minister AND
subsidiary arrangements of the unlawfully entered arrangement may also be
affected
// Division 2 - Negotiating Core Foreign Arrangements
RULE Section 15 - Prohibition on negotiations without the Minister's approval
PROVIDES
this section is not yet implemented
RULE Section 16 - Requirement to notify the Minister about negotiations
PROVIDES
this section is not yet implemented
RULE Section 17 - The Minister's decision about negotiations PROVIDES
this section is not yet implemented
RULE Section 18 - Notices relating to the Minister's approval under
subsection 17(2) PROVIDES
this section is not yet implemented
RULE Section 19 - When the Minister's approval under subsection 17(2) is
in force PROVIDES
this section is not yet implemented
RULE Section 20 - Notice of the Minister's refusal under subsection 17(3)
PROVIDES
this section is not yet implemented
RULE Section 21 - When the Minister is taken to have given approval for
negotiations PROVIDES
this section is not yet implemented
// Division 3 - Entering Core Foreign Arrangements
RULE Section 22 - Prohibition on entering core foreign arrangements PROVIDES
this section is not yet implemented
RULE Section 23 - Requirement to notify the Minister before entering core
foreign arrangements PROVIDES
this section is not yet implemented
RULE Section 24 - The Minister's decision about proposals to enter core
foreign arrangements PROVIDES
this section is not yet implemented
RULE Section 25 - Notices relating to the Minister's approval under
subsection 24(2) PROVIDES
this section is not yet implemented
RULE Section 26 - When the Minister's approval under subsection 24(2) is
in force PROVIDES
this section is not yet implemented
RULE Section 27 - Notice of the Minister's refusal under subsection 24(3)
PROVIDES
this section is not yet implemented
RULE Section 28 - When the Minister is taken to have given approval for
proposals to enter core foreign arrangements PROVIDES
this section is not yet implemented
RULE Section 29 - Requirement to notify the Minister about entering core
foreign arrangements PROVIDES
this section is not yet implemented
// Division 4 - Consequences of Unlawfully Entering Core Forign Arrangements
// Subdivision A - Effect on legally binding arrangements
RULE Section 30 - Arrangements that purport to be legally binding under
Australian law PROVIDES
this section is not yet implemented
RULE Section 31 - Arrangements that are legally binding under foreign law
PROVIDES
this section is not yet implemented
// Subdivision B - Effect on non-legally binding arrangements
RULE Section 32 - Arrangements that are not legally binding PROVIDES
this section is not yet implemented
//
// Part 3 - Entering Non-Core Foreign Arrangements
//
// Division 1 - Simplified Outline of this Part
RULE Section 33 - Simplified Outline of this Part PROVIDES
a State/Territory entity that proposes to enter a non-core arrangement
must notify the Minister about that proposal AND
if the entity enters the arrangement, it must also notify the Minister about
that AND
the Minister may make a declaration prohibiting a State/Territory entity
from negotiating or entering a non-core arrangement AND
the Minister may only make such a declaration if the Minister is satisfied
that the negotiation or arrangement: (a) would adversely affect, or would
be likely to adversely affect, Australia's foreign relations; or
(b) would be, or would be likely to be, inconsistent with Australia's
foreign policy AND
there are particular matters that the Minister must take into account when
making a decision to make a declaration (see section 51) AND
if a State/Territory entity enters a non-core arrangement with a foreign
entity in contravention of a declaration by the Minister, then that will be
a ground on which the Minister may make a declaration under Part 4 about
the arrangement (which could result in the arrangement being invalid and
unenforceable, required to be terminated, or not in operation (depending
on the nature of the arrangement) AND
subsidiary arrangements of the unlawfully entered arrangement may also be
affected
// Division 2 - Entering Non-Core Foreign Arrangements
// Subdivision A - Requirement to notify the Minister about proposals to
// enter non-core foreign arrangements
RULE Section 34 - Requirement to notify the Minister about proposals to
enter non-core foreign arrangements PROVIDES
the Australian entity has complied with section 34 ONLY IF
section 34(1) does not apply OR
the Australian entity has notified the Minister about the proposal to
enter the arrangement AND
the notice satisfies the requirements of section 34(2)
RULE Section 34(1) PROVIDES
section 34(1) applies ONLY IF
section 34(1)(a) applies AND
section 34(1)(b) applies
RULE Section 34(1)(a) PROVIDES
section 34(1)(a) applies ONLY IF
the Australian entity has not entered into the arrangement with
the non-Australian entity AND
the Australian entity proposes to enter the arrangement with the
non-Australian entity AND
the Australian entity is a "State/Territory entity" under section 7 AND
the non-Australian entity is a "foreign entity" under section 8 AND
the arrangement is an "arrangement" under the Act AND
the Act has commenced AND
section 34(3) does not apply
RULE Section 34(1)(b) PROVIDES
section 34(1)(b) applies ONLY IF
the arrangement is a "non-core foreign arrangement" under the section 4
definition
RULE Section 34(2) PROVIDES
the notice satisfies the requirements of section 34(2) ONLY IF
the notice is in writing AND
the notice is in the approved form (if any) AND
the notice is accompanied by a copy of the proposed arrangement AND
the notice includes any information prescribed by the rules AND
the notice is accompanied by any documents prescribed by the rules AND
the notice is given in the approved way (if any) AND
the notice is given in the period (if any) prescribed by the rules
RULE Section 34(3) PROVIDES
section 34(3) applies ONLY IF
the arrangement is an "exempt arrangement" under the section 4 definition
// Subdivision B - Declarations about negotiations or proposals to enter
// non-core foreign arrangements
RULE Section 35 - Declarations about negotiating non-core foreign
arrangements PROVIDES
this section is not yet implemented
RULE Section 36 - Declarations about proposals to enter non-core
foreign arrangements PROVIDES
this section is not yet implemented
// Subdivision C - Matters relating to declarations under this Part
RULE Section 37 - Matters relating to declarations under this Part PROVIDES
this section is not yet implemented
// Subdivision D - Requirement to notify the Minister about entering
// non-core foreign arrangements
RULE Section 38 - Requirement to notify the Minister about entering
non-core foreign arrangements PROVIDES
the Australian entity has complied with section 38 ONLY IF
section 38(1) does not apply OR
the Australian entity has notified the Minister about entering
the arrangement within 14 days or such longer period as prescribed by
the rules AND
the notice satisfies the requirements of section 38(2)
RULE Section 38(1) PROVIDES
section 38(1) applies ONLY IF
section 38(1)(a) applies AND
section 38(1)(b) applies
RULE Section 38(1)(a) PROVIDES
section 38(1)(a) applies ONLY IF
the Australian entity has entered into the arrangement with
the non-Australian entity AND
the Australian entity is a "State/Territory entity" under section 7 AND
the non-Australian entity is a "foreign entity" under section 8 AND
the arrangement is an "arrangement" under the Act AND
the Act has commenced AND
section 38(3) does not apply
RULE Section 38(1)(b) PROVIDES
section 38(1)(b) applies ONLY IF
the arrangement is a "non-core foreign arrangement" under the section 4
definition
RULE Section 38(2) PROVIDES
the notice satisfies the requirements of section 38(2) ONLY IF
the notice is in writing AND
the notice is accompanied by a copy of the arrangement AND
the notice includes any information prescribed by the rules AND
the notice is accompanied by any documents prescribed by the rules
RULE Section 38(3) PROVIDES
section 38(3) applies ONLY IF
the arrangement is an "exempt arrangement" under the section 4 definition
//
// Part 4 - The Minister's Powers to Make Declarations about Foreign
// Arrangements, and Subsidiary Arrangements, that are in Operation
//
// Division 1 - Simplified Outline of the Part
RULE Section 39 - Simplified outline of this Part PROVIDES
this section is not yet implemented
// Division 2 - The Minister's Power to Make Declarations About Foreign
// Arrangements that are in Operation
// Subdivision A - When the Minister may make declarations about foreign
// arrangements
RULE Section 40 - When the Minister may make declarations under this Division
PROVIDES
this section is not yet implemented
// Subdivision B - Declarations about legally binding foreign arrangements
RULE Section 41 - Foreign arrangements that are legally binding under
Australian law PROVIDES
this section is not yet implemented
RULE Section 42 - Foreign arrangements that are legally binding under foreign
law PROVIDES
this section is not yet implemented
// Subdivision C - Declarations about non-legally binding foreign arrangements
RULE Section 43 - Foreign arrangements that are not legally binding PROVIDES
this section is yet to be implented
// Subdivision D - Matters relating to declarations under this Division
RULE Section 44 - Matters relating to declarations about foreign arrangements
PROVIDES
this section is not yet implemented
// 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
RULE Section 45 - When the Minister may make declarations under this Division
PROVIDES
this section is not yet implemented
// Subdivision B--Declarations about legally binding subsidiary arrangements
RULE Section 46 - Subsidiary arrangements that are legally binding under
Australian law PROVIDES
this section is not yet implemented
RULE Section 47 - Subsidiary arrangements that are legally binding under
foreign law PROVIDES
this section is not yet implemented
// Subdivision C - Declarations about non-legally binding subsidiary
// arrangements
RULE Section 48 - Subsidiary arrangements that are not legally binding PROVIDES
this section is not yet implemented
// Subdivision D--Matters relating to declarations under this Division
RULE Section 49 - Matters relating to declarations about subsidiary
arrangements PROVIDES
this section is not yet implemented
//
// Part 5 - Other Matters
//
// Division 1 - Simplified Outline of this Part
RULE Section 50 - Simplified outline of this Part PROVIDES
this section is not yet implemented
// Division 2 - Matters that the Minister Must Take into Account When Making
// Declarations Under this Act
RULE Section 51 - Matters that the Minister must take into account PROVIDES
this section is not yet implemented
// Division 3 - Enforcement
RULE Section 52 - Injunctions PROVIDES
this section is not yet implemented
// Division 4- The Public Register
RULE Section 53 - The Minister must keep a public register PROVIDES
this section is not yet implemented
// Division 4A - Annual Report
RULE Section 53A - Annual report PROVIDES
the Minister has complied with the reporting requirements under section 53A
ONLY IF
section 53A(1) is satisfied AND
section 53A(2) is satisfied AND
section 53A(3) is satisfied AND
section 53A(4) is satisfied
RULE Section 53A(1) PROVIDES
section 53A(1) is satisfied ONLY IF
the Minister has caused to be prepared, as soon as practicable after the
end of each calendar year, an annual report on the exercise of the
Minister's decision-making powers under this Act during the year
RULE Section 53A(2) PROVIDES
section 53A(2) is satisfied ONLY IF
section 53A(2)(a) is satisfied AND
section 53A(2)(b) is satisfied AND
section 53A(2)(c) is satisfied
RULE Section 53A(2)(a) PROVIDES
section 53A(2)(a) is satisfied ONLY IF
the report includes statistical information about the decisions made by the
Minister under the Act during the year, including the total number of
decisions, the total number of decisions in each class of decision, and the
outcomes of the decisions
RULE Section 53A(2)(b) PROVIDES
section 53A(2)(b) is satisfied ONLY IF
the report includes a summary of the details of each of the decisions made
by the Minister under the Act during the year
RULE Section 53A(2)(c) PROVIDES
section 53A(2)(c) is satisfied ONLY IF
the report includes an outline of the engagement that has occurred during
the year with entities covered by the Act to articulate and explain to
those entities Australia's foreign policy and how they should engage with
foreign entities in Australia's national interest
RULE Section 53A(3) PROVIDES
section 53A(3) is satisfied ONLY IF
a copy of the Annual Report has been given to the Leader of the
Opposition in the House of Representatives
IF section 53A(3) is satisfied THEN
it is the duty of the Leader of the Opposition to treat as secret any
part of the report that is not tabled in a House of the Parliament
RULE Section 53A(4) PROVIDES
section 53A(4) is satisfied ONLY IF
the Minister has caused a copy of the report to be tabled in each House of
the Parliament within 15 sitting days of that House after the end of the
year to which the report relates
RULE Section 53A(5) PROVIDES
the Minister may make such redactions to the report as the Minister considers
necessary in order to avoid prejudice to security, the defence of Australia,
Australia's relations with other countries, law enforcement operations or the
privacy of individuals
// Division 5 - The Rules
RULE Section 54 - The rules PROVIDES
the Minister may make rules by legislative instrument under section 54 ONLY IF
section 54(1) applies AND
section 54(2) does not apply
RULE Section 54(1) PROVIDES
section 54(1) applies ONLY IF
section 54(1)(a) applies OR
section 54(1)(b) applies
RULE Section 54(1)(a) PROVIDES
section 54(1)(a) applies ONLY IF
the rules prescribe matters required or permitted by this Act to be
prescribed by the rules
RULE Section 54(1)(b) PROVIDES
section 54(1)(b) applies ONLY IF
the rules prescribe matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act
RULE Section 54(2) PROVIDES
section 54(2) applies ONLY IF
section 54(2)(a) applies OR
section 54(2)(b) applies OR
section 54(2)(c) applies OR
section 54(2)(d) applies OR
section 54(2)(e) applies
RULE Section 54(2)(a) PROVIDES
section 54(2)(a) applies ONLY IF
the rules create an offence or civil penalty
RULE Section 54(2)(b) PROVIDES
section 54(2)(b) applies ONLY IF
section 54(2)(b)(i) applies OR
section 54(2)(b)(ii) applies
RULE Section 54(2)(b)(i) PROVIDES
section 54(2)(b)(i) applies ONLY IF
the rules provide powers of arrest or detention
RULE Section 54(2)(b)(i) PROVIDES
section 54(2)(b)(i) applies ONLY IF
the rules provide powers of entry, search or seizure
RULE Section 54(2)(a) PROVIDES
section 54(2)(a) applies ONLY IF
the rules impose a tax
RULE Section 54(2)(a) PROVIDES
section 54(2)(a) applies ONLY IF
the rules set an amount to be appropriated from the Consolidated Revenue
Fund under an appropriation in this Act
RULE Section 54(2)(a) PROVIDES
section 54(2)(e) applies ONLY IF
the rules directly amend the text of this Act
// Division 6 - The Australian National University
RULE Section 55 - Application of this Act to the Australian National University PROVIDES
section 55(1) applies ONLY IF
the name of the Australian entity EQUALS "ANU" OR
the name of the Australian entity EQUALS "the ANU" OR
the name of the Australian entity EQUALS "Australian National
University" OR
the name of the Australian entity EQUALS "the Australian National
University"
RULE section 55(2) PROVIDES
section 55(2) applies ONLY IF
section 55(1) applies AND
the ANU is the only Australian party to the arrangement AND
the Minister is making a decision to make a declaration in relation to the
arrangement AND/OR
the Minister is making a decision to make a declaration in relation to the
subsidiary arrangement of the arrangement
IF section 55(2) applies THEN
section 51 does not apply
// Division 7 - Other Matters
RULE Section 56 - Delegation by the Minister PROVIDES
this section is not yet implemented
RULE Section 57 - Compensation for acquisition of property PROVIDES
the Commonwealth is liable to pay a reasonable amount of compensation under
section 57(1) ONLY IF
the operation of this Act would result in an acquisition of property
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
person otherwise than on just terms (within the meaning of that paragraph)
RULE Section 57(2) PROVIDES
proceedings may be instituted in the court for the recovery from the
Commonwealth of such reasonable amount of compensation as the court
determones ONLY IF
the Commonwealth and the person do not agree on the amount of the
compensation under section 57(1)
RULE Section 58 - Requirements in relation to procedural fairness PROVIDES
the Minister is not required to observe any requirements of procedural fairness in exercising a power or performing a function under this Act
RULE Section 59 - Extraterritorial application and extension to external
Territories PROVIDES
this Act applies both within and outside Australia AND
this Act extends to every external Territory
RULE Section 60 - Crown to be bound PROVIDES
this Act binds the Crown in each of its capacities
RULE Section 61 - Concurrent operation with State and Territory laws PROVIDES
this Act does not exclude or limit the operation of a law of a State or
Territory to the extent that the law is capable of operating concurrently with
this Act
RULE Section 62 - Approved forms PROVIDES
the Minister may, in writing, approve one or more forms for the purposes of
a provision of this Act that provides for something to be done in an approved
form
RULE Section 63 - Approved ways of giving notices to the Minister PROVIDES
the Minister may, in writing, approve one or more ways in which a
State/Territory entity may or must give a notice for the purposes of a
provision of this Act that provides for a notice to be given in an approved way
RULE Section 63A - Review of operation of Act PROVIDES
this section is not yet implemented
RULE Section 64 Schedule 1 PROVIDES
schedule 1 has effect
//
// Schedule 1 - Transitional requirements relating to pre-existing foreign
// arrangements
//
// Division 1 - Simplified outline of this Schedule
RULE Schedule 1 Section 1 - Simplified outline of this Schedule PROVIDES
a State/Territory entity is required to notify the Minister of any foreign
arrangements that are in operation on the commencement day, or that
come into operation before the day Part 2 commences AND
if the foreign arrangement is a core foreign arrangement, then the
State/Territory entity must notify the Minister before the end of 3 months,
or such longer period (if any) prescribed by the rules, after the
commencement day AND
failure to meet the minimum notification requirements for a core foreign
arrangement will result in the arrangement becoming invalid and
unenforceable, becoming required to be terminated, or ceasing to be in
operation (depending on the nature of the arrangement) AND
the State/Territory entity and the foreign entity that are parties to the
arrangement will also be prohibited from giving effect to the
arrangement and from holding out that they are able to give effect to
the arrangement AND
these consequences will apply automatically and without the involvement of the
Minister AND
if the foreign arrangement is a non-core arrangement, then the State/Territory
entity must notify the Minister about the arrangement before the end
of 6 months, or such longer period (if any) prescribed by the rules,
after the commencement day
// Division 2 - Requirement to notify the Minister about pre-existing
// foreign arrangements
RULE Schedule 1 Section 2 - Requirement to notify the Minister about
pre-existing foreign arrangements that are core foreign arrangements PROVIDES
this section is not yet implemented
RULE Schedule 1 Section 3 - Requirement to notify the Minister about
pre-existing foreign arrangements that are non-core foreign arrangements
PROVIDES
the Australian entity has complied with Schedule 1 Section 3 ONLY IF
Schedule 1 Section 3(1) applies AND
Schedule 1 Section 3(4) does not apply AND
the Australian entity has notified the Minister about the arrangement AND
the notice satisfies the requirements of Schedule 1 Section 3(3)
ASSERT the Australian entity still has time to notify the Minister about
the arrangement under Schedule 1 Section 3 ONLY IF
Schedule 1 Section 3(1) applies AND
Schedule 1 Section 3(4) does not apply AND
the Australian entity has not notified the Minister about the
arrangement AND
the last day that the Australian entity must give a
notice to the Minister regarding the arrangement under Schedule 1
Section 3(2) IS GREATER THAN today
RULE Schedule 1 Section 3 PROVIDES
Schedule 1 Section 3(1) applies ONLY IF
the arrangement is a "non-core foreign arrangement" under the section 4
definition AND
the arrangement is a pre-existing foreign arrangement
DATE the last day prescribed in the rules for Schedule 1 Section 3(2)
RULE Schedule 1 Section 3(2) PROVIDES
IF the rules prescribe a longer period for Schedule 1 Section 3(2) THEN
the last day that the Australian entity must give a notice to the Minister
regarding the arrangement under Schedule 1 Section 3(2) IS
the last day prescribed in the rules for Schedule 1 Section 3(2)
ELSE
the last day that the Australian entity must give a notice to the Minister
regarding the arrangement under Schedule 1 Section 3(2) IS
the "commencement day" under the section 4 definition PLUS 6 MONTHS
RULE Schedule 1 Section 3(3) PROVIDES
the notice satisfies the requirements of Schedule 1 Section 3(3) ONLY IF
the notice was in writing AND
the notice was in the approved form (if any) AND
the notice was accompanied by a copy of the arrangement AND
the Australian entity did not know that there is another arrangement that
is a subsidiary arrange AND/OR
the notice included details about the subsidiary arrangement and
included a copy (if available) AND
the notice was accompanied by any documents prescribed by the rules AND
the notice was be given in the approved way (if any)
RULE Schedule 1 Section 3(4) PROVIDES
Schedule 1 Section 3(4) applies ONLY IF
the arrangement is an exempt arrangement
// Division 3 - Consequences for failing to notify the Minister about
pre-existing foreign arrangements that are core foreign arrangements
// Subdivision A -- Pre-existing foreign arrangements that are legally binding
RULE Schedule 1 Section 4 - Arrangements that are legally binding under
Australian law PROVIDES
this section is not yet implemented
RULE Schedule 1 Section 5 - Arrangements that are legally binding under
foreign law PROVIDES
this section is not yet implemented
// Subdivision B - Pre-existing foreign arrangements that are not legally
// binding
RULE Schedule 1 Section 6 - Arrangements that are not legally binding PROVIDES
this section is not yet implemented
//
// Procedural, Mechanical and Common Sense Rules
//
RULE Royal Assent and Proclamations PROVIDES
ASSERT the Act has received Royal Assent
ASSERT the date this Act received Royal Assent IS 10 December 2020
ASSERT the commencement date for Parts 2 and 3 has not been proclaimed
RULE Common Sense about Universities PROVIDES
IF the Australian entity is a university established by, or under, a law
of a State or a Territory OR
section 55(1) applies THEN
the Australian entity is not a corporation that operates on a
commercial basis AND
the Australian entity is not a hospital AND
the Australian entity is not a State or Territory AND
the Australian entity is not the government of a State or Territory AND
the Australian entity is not a Department or agency of a State or
Territory or the government of a State or Territory AND
the Australian entity is not an entity that is prescribed by the rules
not to be a State/Territory entity
RULE Popular Public Australian Universities PROVIDES
IF the name of the Australian entity EQUALS "UTS" OR
the name of the Australian entity EQUALS "University of Technology Sydney" OR
the name of the Australian entity EQUALS "UNSW" OR
the name of the Australian entity EQUALS "UNSW Sydney" OR
the name of the Australian entity EQUALS "University of New South Wales" OR
the name of the Australian entity EQUALS "University of NSW" OR
the name of the Australian entity EQUALS "University of Sydney" OR
the name of the Australian entity EQUALS "Sydney University" OR
the name of the Australian entity EQUALS "Macquarie University" OR
the name of the Australian entity EQUALS "QUT" OR
the name of the Australian entity EQUALS "RMIT" OR
the name of the Australian entity EQUALS "UWA" OR
the name of the Australian entity EQUALS "CDU" THEN
the Australian entity is a university established by, or under, a law
of a State or a Territory
RULE Rules Provisions PROVIDES
the rules do not prescribe a longer period for Schedule 1 Section 3(2)
GOAL RULE Check overall compliance with Act PROVIDES
IF the arrangement is a "non-core foreign arrangement" under the section 4
definition THEN
the Australian entity has complied with the Act ONLY IF
the Australian entity has complied with section 34 AND
the Australian entity has complied with Schedule 1 Section 3 AND/OR
the Australian entity still has time to notify the Minister
about the arrangement under Schedule 1 Section 3 AND/OR
BEGIN the arrangement is not a pre-existing foreign arrangement AND
the Australian entity has complied with section 38 END
ELSE IF the arrangement is a "core foreign arrangement" under section 10(2)
THEN
Part 2 dealing with core foreign arrangements is not yet implemented
ELSE
the Act does not apply
//
// DataLex Links
//
// Links to sections of the Act
LINK arrangement TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s9.html
LINK Australia's foreign policy TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s5.html
LINK core foreign arrangement TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s10.html
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LINK subsidiary arrangement TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s12.html
LINK under the auspices TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s12.html
LINK variation of an arrangement TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s13.html
LINK the Act TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/
LINK Section 1 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s1.html
LINK Section 2 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s2.html
LINK Section 3 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s3.html
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LINK Section 5 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s5.html
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LINK Section 9 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s9.html
LINK Section 10 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s10.html
LINK Section 11 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s11.html
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LINK Section 14 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s14.html
LINK Section 15 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s15.html
LINK Section 16 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s16.html
LINK Section 17 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s17.html
LINK Section 18 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s18.html
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LINK Section 21 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s21.html
LINK Section 22 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s22.html
LINK Section 23 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s23.html
LINK Section 24 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s24.html
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