50   Simplified outline of this Part

51   Matters that the Minister must take into account

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                     (a)  in writing; and

                     (b)  in the approved form (if any); and

                     (c)  in the approved way (if any).

52   Injunctions

             (1)  This section applies if the Minister is satisfied that an entity has contravened, is contravening, or is proposing to contravene one or more of the following provisions:

                     (a)  subsection 15(1) (which deals with when negotiations about core foreign arrangements are prohibited);

                     (b)  subsection 16(1) (which deals with the requirement to notify the Minister about negotiations of core foreign arrangements);

                     (c)  subsection 22(1) (which deals with the prohibition on entering core foreign arrangements);

                     (d)  subsection 23(1) (which deals with the requirement to notify the Minister about proposals to enter core foreign arrangements);

                     (e)  subsection 29(1) (which deals with the requirement to notify the Minister about entering core foreign arrangements);

                      (f)  subsection 30(3), (4) or (5), 31(2), (3) or (4) or 32(3), (4) or (5) (which deal with requirements relating to core foreign arrangements that have been unlawfully entered);

                     (g)  subsection 34(1) (which deals with the requirement to notify the Minister about proposals to enter non-core foreign arrangements);

                     (h)  subsection 35(3) (which prohibits negotiating arrangements that are non-core foreign arrangements in contravention of a declaration);

                      (i)  subsection 36(3) (which prohibits entering non-core foreign arrangements in contravention of a declaration);

                      (j)  subsection 38(1) (which deals with the requirement to notify the Minister about entering non-core foreign arrangements);

                     (k)  subsection 41(4) or (5), 42(3) or (4) or 43(4) or (5) (which deal with requirements in declarations about foreign arrangements);

                      (l)  subsection 46(4), 47(3) or 48(4) (which deal with requirements about subsidiary arrangements);

                    (m)  subclause 2(3) of Schedule 1 (which deals with the requirement to notify the Minister about pre-existing foreign arrangements that are core foreign arrangements);

                     (n)  subclause 3(2) of Schedule 1 (which deals with the requirement to notify the Minister about pre-existing foreign arrangements that are non-core foreign arrangements);

                     (o)  subclause 4(3), (4) or (5), 5(2), (3) or (4) or 6(3), (4) or (5) of Schedule 1 (which deal with contraventions of the requirement to notify the Minister about pre-existing foreign arrangements that are core foreign arrangements).

             (2)  The Minister may apply to the court for an injunction to require the entity to comply with the relevant provision.

             (3)  If the court is satisfied that the entity has contravened, is contravening, or is proposing to contravene the relevant provision, the court must grant an injunction on such terms as the court considers appropriate.

53   The Minister must keep a public register

             (1)  The Minister must keep a register (the Public Register ) of information of the kind referred to in subsection (2) relating to:

                     (a)  each foreign arrangement for which:

                              (i)  a State/Territory entity has given a notice to the Minister under this Act; or

                             (ii)  the Minister has made a decision under this Act; or

                            (iii)  section 30, 31 or 32, or clause 4, 5 or 6 of Schedule 1, has applied, but only if the Minister is aware of the application of those sections to the foreign arrangement; and

                     (b)  each subsidiary arrangement of a foreign arrangement referred to in paragraph (a) for which:

                              (i)  a State/Territory entity has given a notice to the Minister under this Act; or

                             (ii)  the Minister has made a decision about under Division 3 of Part 4.

             (2)  The Minister must include on the Public Register the following information for each foreign arrangement and subsidiary arrangement referred to in subsection (1):

                     (a)  the title of the arrangement;

                     (b)  the parties to the arrangement;

                     (c)  whether any decisions were made by the Minister in relation to the arrangement;

                     (d)  any information prescribed by the rules.

             (3)  However, the following information must not be included on the Public Register:

                     (a)  information that the Minister is satisfied:

                              (i)  is commercially sensitive; or

                             (ii)  would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or

                            (iii)  would disclose the deliberations of a meeting of the Cabinet of a State or Territory; or

                            (iv)  is the subject of legal professional privilege; or

                             (v)  is protected by public interest immunity; or

                            (vi)  affects national security; or

                     (b)  information about notices given by a core State/Territory entity under subsection 16(1); or

                     (c)  information about the Minister’s recommended changes to a foreign arrangement (as referred to in paragraph 27(b)) that is included in a notice given by the Minister under section 27; or

                     (d)  any information prescribed by the rules.

             (4)  The Public Register must be made available for public inspection on the internet.

             (5)  The Minister may correct or update information on the Public Register.

54   The rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

55   Application of this Act to the Australian National University

             (1)  This Act applies in relation to the Australian National University (the ANU ) as if it were a State/Territory entity covered by paragraph 7(e) (which covers universities established under a law of a State or Territory).

             (2)  However, if the ANU is the only State/Territory entity that is a party, or proposed party, to a foreign arrangement, then section 51 does not apply when the Minister is making a decision to make a declaration in relation to:

                     (a)  the foreign arrangement; or

                     (b)  a subsidiary arrangement of the foreign arrangement.

56   Delegation by the Minister

             (1)  The Minister may, in writing, delegate all or any of the Minister’s powers or functions under this Act to:

                     (a)  the Secretary to the Department; or

                     (b)  a person who holds or performs the duties of an S ES officer in the Department.

             (2)  However, the Minister may not delegate any of the Minister’s powers or functions under:

                     (a)  Part 2 (which deals with negotiating and entering core foreign arrangements); or

                     (b)  Part 4 in relation to a core foreign arrangement; or

                     (c)  section 54 (which deals with making the rules).

             (3)  In exercising a power or performing a function under a delegation under subsection (1), the delegate must comply with any directions of the Minister.

57   Compensation for acquisition of property

             (1)  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), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

58   Requirements in relation to procedural fairness

                   The Minister is not required to observe any requirements of procedural fairness in exercising a power or performing a function under this Act.

59   Extraterritorial application and extension to external Territories

             (1)  This Act applies both within and outside Australia.

             (2)  This Act extends to every external Territory.

60   Crown to be bound

                   This Act binds the Crown in each of its capacities.

61   Concurrent operation with State and Territory laws

                   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.

62   Approved forms

                   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.

63   Approved ways of giving notices to the Minister

                   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.

64   Schedule 1

                   Schedule 1 has effect.