Australia's Foreign Relations (State and Territory Arrangements) Act 2020 (Cth)

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/*
 *  Rule-base: Australia's Foreign Relations (State and Territory Arrangements) Act 2020
 *  Author/Contributor: Andrew Mowbray
 *  Publisher: Australasian Legal Information Institute (AustLII)
 *  Created: 21 March 2021
 *  Last Updated: 21 March 2021
 */

//
//  Australia's Foreign Relations (State and Territory Arrangements) Act 2020
//  Commencement: 10 December 2020 / 10 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
LINK core foreign entity TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s10.html
LINK foreign arrangement TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s10.html
LINK foreign entity TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s6.html
LINK governing documents TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s8.html
LINK legally binding TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s9.html
LINK governing documents TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s8.html
LINK State/Territory entity TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s7.html
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
LINK Section 4 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s4.html
LINK Section 5 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s5.html
LINK Section 6 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s6.html
LINK Section 7 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s7.html
LINK Section 8 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s8.html
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
LINK Section 12 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s12.html
LINK Section 13 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s13.html
LINK Section 14 TO http://www.austlii.edu.au/au/legis/cth/num_act/afrataa2020641/s14.html
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