Australia’s Foreign Relations (State and Territory Arrangements) Amendment Act 2026

law://au/act/2026/80@2026-11-13

Contents

1Short title#

This Act is the Australia’s Foreign Relations (State and Territory Arrangements) Amendment Act 2026.

2Commencement#

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	26 August 2026
2. Schedule 1	A single day to be fixed by Proclamation.However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules#

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1 · Amendments

Part 1 · National interest

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

1 Paragraph 5(1)(a)

Omit “foreign relations”, substitute “national interest”.

2 Paragraphs 17(2)(a) and 24(2)(a)

Omit “foreign relations”, substitute “national interest”.

3 Subparagraphs 35(1)(c)(i), (d)(i) and 36(1)(c)(i)

Omit “foreign relations”, substitute “national interest”.

4 Subparagraphs 40(1)(a)(i) and 45(1)(b)(i)

Omit “foreign relations”, substitute “national interest”.

Part 2 · Information sharing

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

5 Section 4

Insert:

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

entrusted person means any of the following:

(a)the Minister;

(b)the Secretary to the Department;

(c)an APS employee in the Department;

(d)any other person who is employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;

(e)any other person who is in a class of persons prescribed by the rules.

relevant information means information:

(a)notified to the Minister under this Act; or

(b)generated from information notified to the Minister under this Act.

6 After Division 3 of Part 5

Insert:

Division 3A · Information sharing

52ADisclosure of information within the Department#

An entrusted person may disclose relevant information to an APS employee in the Department (the recipient) if the disclosure is for the purposes of assisting the recipient to perform functions or duties for the Department that relate to Australia’s national interest or Australia’s foreign policy.

52BDisclosure of information to a Commonwealth entity#

An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.

7 Application provision—information sharing

The amendments made by this Part apply in relation to the disclosure of information that occurs on or after the commencement of this Part, whether the information was obtained or generated before, on or after that commencement.

Part 3 · Non-core deeming

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

8 At the end of subsection 10(2) (before the note)

Add “, but does not include an arrangement of a kind prescribed by the rules for the purposes of this subsection”.

9 At the end of subsection 10(3)

Add “, but does not include an entity of a kind prescribed by the rules for the purposes of this subsection”.

10 Subsection 10(4)

Omit all the words after “but does not”, substitute:

include:

(c)a corporation that operates on a commercial basis; or

(d)an entity of a kind prescribed by the rules for the purposes of this paragraph.

11 Division 1 of Part 2 (heading)

Repeal the heading, substitute:

Division 1 · Preliminary

12 After section 14

Insert:

14AApplication of this Part#

This Part applies in relation to negotiating or entering arrangements that are core foreign arrangements.

Part 4 · Notification power

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

13 After Division 2 of Part 5

Insert:

Division 2A · Request to give notification of an arrangement

51AMinister may request entity to give notice of an arrangement#

(1)This section applies if a State/Territory entity is in:

(a)an exempt arrangement; or

(b)a subsidiary arrangement of a foreign arrangement.

(2)The Minister may request, in writing, that the entity, within 14 days or such longer period specified in the request, notify the Minister about a particular arrangement or an arrangement in a class of arrangements in accordance with subsection (3).

(3)The notice must:

(a)be in writing; and

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

(c)be accompanied by a copy of the arrangement; and

(d)include any information prescribed by the rules; and

(e)be accompanied by any other documents prescribed by the rules; and

(f)be given in the approved way (if any).

14 Paragraph 53(1)(b)

Omit all the words after “paragraph (a)”, substitute “for which the Minister has made a decision about under Division 3 of Part 4”.

15 After paragraph 53(3)(c)

Insert:

(ca)information given by a State/Territory entity under subsection 51A(2) (other than information relating to a subsidiary arrangement referred to in paragraph (1)(b) of this section); or

Part 5 · Institutional autonomy

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

16 Section 4 (definition of governing documents)

Repeal the definition.

17 Subsections 8(2), (3) and (4)

Repeal the subsections, substitute:

(2)For the purposes of subparagraph (1)(i)(ii), a university does not have institutional autonomy if, and only if, the university is located in a foreign country or part of a foreign country where a foreign government (whether or not the government of the country, or part of the country, in which the university is located) is in a position to exercise substantial control over the governance, education or research of universities in that country or that part of the country.

(3)Without limiting subsection (2), a foreign government is in a position to exercise substantial control over the governance, education or research of universities in a foreign country or part of a foreign country if the laws of that country or that part of the country require, or have the effect of requiring:

(a)that a majority of the members of a university’s governing body must be members of, or otherwise part of (however described), the political party that forms the foreign government; or

(b)that education provided or research conducted at a university must adhere to, or be in service of, political principles or political doctrines of:

(i)the foreign government; or

(ii)the political party that forms the foreign government; or

(c)that a university’s academic staff must, in their teaching, research, discussions, publications or public commentary, adhere to, or be in service of, political principles or political doctrines referred to in paragraph (b).

Part 6 · Delegation

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

18 Paragraph 56(1)(b)

Repeal the paragraph, substitute:

(b)an SES employee, or acting SES employee, in the Department.

Note 1: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

19 Subsection 56(2)

Omit “may not”, substitute “must not”.

20 Paragraph 56(2)(a)

Repeal the paragraph, substitute:

(a)Division 3 of Part 2 (which deals with entering core foreign arrangements) (other than subsections 28(1A) and (1B)); or

(aa)section 29B (which deals with imposing, varying or revoking conditions on giving effect to a core foreign arrangement); or

(ab)section 32A (which deals with determining that section 30, 31 or 32 does not apply to a core foreign arrangement); or

Part 7 · Overturn automatic cancellation

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

21 Subsection 22(1) (at the end of note 1)

Add “However, the Minister may in certain cases determine that section 30, 31 or 32 does not apply to the arrangement (see section 32A).”.

22 At the end of subsections 30(1), 31(1) and 32(1)

Add:

Note: The Minister may in certain cases determine that this section does not apply to the arrangement (see section 32A).

23 After Subdivision B of Division 4 of Part 2

Insert:

Subdivision C · When arrangements entered into without the Minister’s approval can be given effect

32ADetermination that arrangement can be given effect#

(1)If section 30, 31 or 32 applies to a foreign arrangement, the Minister may determine, by written notice given to the core State/Territory entity, that section 30, 31 or 32 (whichever is applicable) does not apply to the arrangement.

(2)Before making a determination under subsection (1), the Minister must be satisfied that the arrangement:

(a)would not adversely affect, or would be unlikely to adversely affect, Australia’s national interest; and

(b)would not be, or would be unlikely to be, inconsistent with Australia’s foreign policy.

(3)If the Minister makes a determination under subsection (1):

(a)section 30, 31 or 32 (whichever is applicable) is taken to have never applied in relation to the arrangement; and

(b)the Minister is taken to have given approval under subsection 24(2) in relation to the arrangement; and

(c)the Minister’s approval under subsection 24(2) is taken to be in force in relation to the arrangement from the time immediately before the entity entered the arrangement.

(4)A determination under subsection (1) is not a legislative instrument.

Part 8 · Renewals and variations of previously approved core foreign arrangements

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

24 Subsection 13(1) (example)

Repeal the example.

25 After subsection 13(1)

Insert:

(1A)However, if:

(a)the Minister gives approval for a core State/Territory entity to enter an arrangement under subsection 24(2), or is taken to have given approval to enter an arrangement under subsection 28(2); and

(b)a condition is not imposed under subsection 24(3A) or 29B(1) requiring the Minister’s approval before varying a core foreign arrangement;

then:

(c)Division 2 of Part 2 does not apply to any variation of the arrangement; and

(d)sections 22 and 24 to 28 do not apply to a minor variation of the arrangement.

Note: A core State/Territory entity must give a notice to the Minister under subsection 23(1) before varying a core foreign arrangement and under subsection 29(1) when a core foreign arrangement is varied.

(1B)Subsection 23(1) applies to a variation of an arrangement as if the notice must be given at least 30 days before varying the arrangement.

Meaning of a variation of an arrangement

26 Subsection 13(2)

After “to extend”, insert “or renew”.

27 After subsection 13(2)

Insert:

(2A)A minor variation of an arrangement is a variation of an arrangement that does not make a significant change to the arrangement, but does not include:

(a)a variation to add a new party to the arrangement; or

(b)a variation essential to the subject matter of the arrangement; or

(c)a variation that is prescribed by the rules.

Part 9 · Power to extend decision timeframe for core foreign arrangements

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

28 Subsection 17(1) (note)

After “being given the notice,”, insert “or, if the period is extended by the Minister for a further period of up to 30 days, within that extended period,”.

29 Paragraph 21(1)(b)

Omit all the words after “subsection 17(2) or (3)”, substitute:

within:

(i)the 30-day period that starts on the day the notice is given; or

(ii)if the Minister extends that period under subsection (1A)—the extended period.

30 After subsection 21(1)

Insert:

(1A)The Minister may, before the end of the 30-day period referred to in subparagraph (1)(b)(i), extend that period once for a further period (the extended period) of up to 30 days.

(1B)If the Minister extends the period under subsection (1A), the Minister must give the core State/Territory entity written notice of the extended period.

31 Subsection 21(3)

Omit all the words after “comes into force”, substitute:

immediately after:

(a)the end of the 30-day period referred to in subparagraph (1)(b)(i); or

(b)if subsection (1A) applies—the end of the extended period.

32 Subsection 24(1) (note)

After “being given the notice,”, insert “or, if the period is extended by the Minister for a further period of up to 30 days, within that extended period,”.

33 Paragraph 28(1)(b)

Omit all the words after “subsection 24(2) or (3)”, substitute:

within:

(i)the 30-day period that starts on the day the notice is given; or

(ii)if the Minister extends that period under subsection (1A)—the extended period.

34 After subsection 28(1)

Insert:

(1A)The Minister may, before the end of the 30-day period referred to in subparagraph (1)(b)(i), extend that period once for a further period (the extended period) of up to 30 days.

(1B)If the Minister extends the period under subsection (1A), the Minister must give the core State/Territory entity written notice of the extended period.

35 Subsection 28(3)

Omit all the words after “comes into force”, substitute:

immediately after:

(a)the end of the period referred to in subparagraph (1)(b)(i); or

(b)if subsection (1A) applies—the end of the extended period.

Part 10 · Regular review of the Act

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

36 Section 63A

Repeal the section, substitute:

63AReview of operation of Act#

(1)The Minister must cause reviews to be undertaken of the operation of this Act.

(2)The first review must commence as soon as possible after the fifth anniversary of the commencement of Schedule 1 to the Australia’s Foreign Relations (State and Territory Arrangements) Amendment Act 2026.

(3)Each subsequent review must commence as soon as possible after the fifth anniversary of the day on which the written report of the most recent review was given to the Minister under subsection (5).

(4)Without limiting subsection (1), a review must consider the following matters:

(a)the operation of this Act;

(b)the effectiveness of this Act in meeting the object of this Act;

(c)whether this Act is clear to interpret and apply.

(5)The persons undertaking a review must give the Minister a written report of the review.

(6)The Minister must cause a copy of the report of a review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

Part 11 · One-step notification for non-core foreign arrangements

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

37 Subdivision A of Division 2 of Part 3

Repeal the Subdivision.

38 Paragraph 36(1)(a)

Before “a State/Territory entity”, insert “the Minister becomes aware that”.

39 Paragraph 36(1)(a)

Omit “(whether or not notice of the proposal has been given to the Minister under section 34)”.

40 Transitional provision—proposed non-core foreign arrangements not entered into

(1) This item applies if, immediately before the commencement of this item:

(a)the Public Register kept by the Minister under subsection 53(1) of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 includes information about a non-core foreign arrangement that a State/Territory entity proposes to enter; and

(b)the arrangement (the abandoned arrangement) has not been entered into.

(2) If the State/Territory entity to the abandoned arrangement does not intend to enter the arrangement, the entity must, within the period of 6 months beginning on the commencement of this item, give a written notice to the Minister about the arrangement.

Part 12 · Public Register and requirement to notify of termination

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

41 Part 2 (heading)

Repeal the heading, substitute:

Part 2 · Core foreign arrangements

42 Before Division 4 of Part 2

Insert:

Division 3B · Core foreign arrangements that are terminated

29CRequirement to notify the Minister about termination of core foreign arrangements#

(1)This section applies if:

(a)an arrangement between a core State/Territory entity and a core foreign entity that has been notified to the Minister is terminated before the end of the arrangement; and

(b)the arrangement is an arrangement other than an exempt arrangement that has not been notified to the Minister; and

(c)the arrangement is not terminated as a result of a declaration made by the Minister under Division 2 of Part 4; and

(d)section 30, 31 or 32 does not apply to the arrangement.

(2)The core State/Territory entity must, within one month or such longer period (if any) prescribed by the rules, from the time the arrangement is terminated, give a notice to the Minister in accordance with subsection (3).

(3)The notice must:

(a)be in writing; and

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

(c)specify the arrangement; and

(d)include any information prescribed by the rules; and

(e)be accompanied by any documents prescribed by the rules; and

(f)be given in the approved way (if any).

43 Part 3 (heading)

Repeal the heading, substitute:

Part 3 · Non-core foreign arrangements

44 At the end of Part 3

Add:

Division 3 · Non-core foreign arrangements that are terminated

38CRequirement to notify the Minister about termination of non-core foreign arrangements#

(1)This section applies if:

(a)a non-core foreign arrangement that has been notified to the Minister is terminated before the end of the arrangement; and

(b)the arrangement is an arrangement other than an exempt arrangement that has not been notified to the Minister; and

(c)the arrangement is not terminated as a result of a declaration made by the Minister under Division 2 of Part 4.

(2)The State/Territory entity must, within one month or such longer period (if any) prescribed by the rules, from the time the arrangement is terminated, give a notice to the Minister in accordance with subsection (3).

(3)The notice must:

(a)be in writing; and

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

(c)specify the arrangement; and

(d)include any information prescribed by the rules; and

(e)be accompanied by any documents prescribed by the rules; and

(f)be given in the approved way (if any).

45 Subparagraphs 53(1)(a)(i) and (ii)

After “under this Act”, insert “and is in operation”.

46 After subparagraph 53(1)(a)(ii)

Insert:

(iia)the Minister has made a decision about under Division 2 of Part 4 and is no longer in operation; or

47 Subsection 53(5)

Repeal the subsection, substitute:

(5)The Minister may:

(a)correct or update information on the Public Register; and

(b)remove information from the Public Register about:

(i)proposed foreign arrangements that are not entered into; or

(ii)foreign arrangements that are no longer in operation (other than information relating to arrangements referred to in subparagraphs (1)(a)(iia) and (iii)); and

(c)remove information from the Public Register about foreign arrangements notified to the Minister under:

(i)section 29C (terminated core foreign arrangements); or

(ii)section 38C (terminated non-core foreign arrangements).

48 Application provision—terminated core foreign arrangements

(1) This item applies if:

(a)immediately before the commencement of this item:

(i)the Public Register kept by the Minister under subsection 53(1) of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 includes information about an arrangement between a core State/Territory entity and a core foreign entity; and

(ii)the arrangement (the terminated arrangement) was terminated before the end of the arrangement; and

(b)the date of the end of the terminated arrangement is on or after the commencement of this item.

(2) The core State/Territory entity to the terminated arrangement must give a notice to the Minister in accordance with section 29C of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part.

(3) For the purposes of subitem (2), the period for giving the notice to the Minister under subsection 29C(2) of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part, applies as if it is the period of 6 months beginning on the commencement of this item.

49 Application provision—terminated non-core foreign arrangements

(1) This item applies if:

(a)immediately before the commencement of this item:

(ii)the arrangement (the terminated arrangement) was terminated before the end of the arrangement; and

(b)the date of the end of the terminated arrangement is on or after the commencement of this item.

(2) The State/Territory entity to the terminated arrangement must give a notice to the Minister in accordance with section 38C of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part.

(3) For the purposes of subitem (2), the period for giving the notice to the Minister under subsection 38C(2) of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part, applies as if it is the period of 6 months beginning on the commencement of this item.

Part 13 · Notification of existing arrangements of prescribed entities

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

50 After section 29

Insert:

29ARequirement to notify the Minister about core foreign arrangements with prescribed core foreign entities#

(1)This section applies if:

(a)an entity (the prescribed entity) is prescribed by the rules to be a core foreign entity under paragraph 10(4)(b); and

(b)a core State/Territory entity is in an arrangement with the prescribed entity; and

(c)the arrangement is not an exempt arrangement.

(2)The core State/Territory entity must, within 3 months or such longer period (if any) prescribed by the rules, give a notice to the Minister in accordance with subsection (3).

(3)The notice must:

(a)be in writing; and

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

(c)be accompanied by a copy of the arrangement; and

(d)include any information prescribed by the rules; and

(e)be accompanied by any documents prescribed by the rules; and

(f)be given in the approved way (if any).

51 After Subdivision D of Division 2 of Part 3

Insert:

Subdivision E · Requirement to notify the Minister about non-core foreign arrangements with prescribed entities

38ARequirement to notify the Minister about non-core foreign arrangements with prescribed entities#

(1)This section applies if:

(a)an entity (the prescribed entity) is prescribed by the rules to be:

(i)a State/Territory entity under paragraph 7(f); or

(ii)a foreign entity under paragraph 8(1)(j); and

(b)the prescribed entity is in a non-core foreign arrangement; and

(c)the arrangement is not an exempt arrangement.

(2)The State/Territory entity to the arrangement must, within 3 months or such longer period (if any) prescribed by the rules, give a notice to the Minister in accordance with subsection (3).

(3)The notice must:

(a)be in writing; and

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

(c)be accompanied by a copy of the arrangement; and

(d)include any information prescribed by the rules; and

(e)be accompanied by any documents prescribed by the rules; and

(f)be given in the approved way (if any).

52 Application provision—non-core foreign arrangements with prescribed entities

(1) This item applies if:

(a)an entity prescribed by the rules under paragraph 8(1)(j) of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 to be a foreign entity is in an arrangement with a State/Territory entity immediately before the commencement of this item; and

(b)the arrangement is a non-core foreign arrangement.

(2) The State/Territory entity must give a notice to the Minister in accordance with section 38A of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part.

(3) For the purposes of subitem (2), the period for giving the notice to the Minister under subsection 38A(2) of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part, applies as if it is the period of 6 months beginning on the commencement of this item.

Part 14 · Information on the Public Register

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

53 Paragraph 53(2)(c)

Omit “decisions”, substitute “publishable decisions”.

54 After subsection 53(2)

Insert:

(2A)For the purposes of paragraph (2)(c), publishable decisions are decisions made under the following provisions:

(a)subsection 17(2), (3) or (4) or 21(2);

(b)subsection 24(2), (3) or (4) or 28(2);

(c)subsection 32A(1);

(d)subsection 35(2), 36(2) or 37(3);

(e)subsection 41(2) or (3), 42(2) or 43(2) or (3);

(f)subsection 46(2) or (3), 47(2) or 48(2) or (3).

55 Subsection 53(3)

Omit “the following information must not be included on the Public Register”, substitute “information must not be included on the Public Register, including any information of the kind referred to in subsection (2) about any foreign arrangement or subsidiary arrangement to which the information relates, if the Minister is satisfied that the information includes the following”.

56 Paragraph 53(3)(a)

Omit “the Minister is satisfied”.

57 After subsection 53(3)

Insert:

(3A)Subsection (3) does not apply if the information is in the public domain, except if the Minister is aware that the information was inadvertently made public.

Part 15 · Conditions

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

58 Subsection 17(4)

Repeal the subsection, substitute:

Conditions

(3A)The Minister may impose conditions on an approval decision under subsection (2), and the core State/Territory entity must comply with those conditions.

(3B)The Minister may vary or revoke a condition imposed under subsection (3A).

Revocation of approval decision

(4)The Minister may revoke an approval decision under subsection (2) if the Minister:

(a)ceases to be satisfied of the matters on which the decision was made; or

(b)is satisfied that the core State/Territory entity has failed to comply with any condition imposed under subsection (3A).

Note: The Minister must give the core State/Territory entity written notice of the revocation decision (see subsection 18(2)).

59 At the end of subsection 18(1)

Add:

; and (c) any conditions imposed on the approval.

60 After subsection 18(1)

Insert:

Notice of decision to vary or revoke conditions

(1A)If the Minister makes a decision under subsection 17(3B) to vary or revoke a condition imposed under subsection 17(3A), the Minister must give the core State/Territory entity written notice that the condition is varied or revoked.

61 Subsection 24(4)

Repeal the subsection, substitute:

Conditions

(3A)The Minister may impose conditions on a decision under subsection (2), and the core State/Territory entity must comply with those conditions.

(3B)The Minister must not impose a condition under subsection (3A) that:

(a)requires the text of the arrangement to be varied; or

(b)is inconsistent with the terms of the arrangement.

(3C)The Minister may vary or revoke a condition imposed under subsection (3A).

Revocation of approval decision

(4)The Minister may revoke a decision under subsection (2) if the Minister:

(a)ceases to be satisfied of the matters on which the decision was made; or

(b)is satisfied that the core State/Territory entity has failed to comply with any condition imposed under subsection (3A).

Note: The Minister must give the core State/Territory entity a written notice of the revocation decision (see subsection 25(2)).

62 At the end of subsection 25(1)

Add:

; and (c) any conditions imposed on the approval.

63 After subsection 25(1)

Insert:

Notice of decision to vary or revoke conditions

(1A)If the Minister makes a decision under subsection 24(3C) to vary or revoke a condition imposed under subsection 24(3A), the Minister must give the core State/Territory entity written notice that the condition is varied or revoked.

64 After Division 3 of Part 2

Insert:

Division 3A · Minister may impose, vary or revoke conditions on giving effect to a core foreign arrangement

29BMinister may impose, vary or revoke conditions on giving effect to a core foreign arrangement#

(1)The Minister may impose conditions on the giving effect to an arrangement with a core foreign entity by a core State/Territory entity.

(2)The Minister must not impose a condition under subsection (1) that:

(a)requires the text of the arrangement to be varied; or

(b)is inconsistent with the terms of the arrangement.

(3)If the Minister imposes conditions under subsection (1), the Minister must give the core State/Territory entity written notice of the conditions.

(4)The core State/Territory entity must comply with the conditions.

(5)The Minister may vary or revoke a condition imposed under subsection (1).

(6)If the Minister makes a decision under subsection (5) to vary or revoke a condition imposed under subsection (1), the Minister must give the core State/Territory entity written notice that the condition is varied or revoked.

65 At the end of Division 2 of Part 3

Add:

Subdivision F · Minister may impose, vary or revoke conditions on giving effect to a non-core foreign arrangement

38BMinister may impose, vary or revoke conditions on giving effect to a non-core foreign arrangement#

(1)The Minister may impose conditions on the giving effect to a non-core foreign arrangement by a State/Territory entity.

(2)The Minister must not impose a condition under subsection (1) that:

(a)requires the text of the arrangement to be varied; or

(b)is inconsistent with the terms of the arrangement.

(3)If the Minister imposes conditions under subsection (1), the Minister must give the State/Territory entity written notice of the conditions.

(4)The State/Territory entity must comply with the conditions.

(5)The Minister may vary or revoke a condition imposed under subsection (1).

(6)If the Minister makes a decision under subsection (5) to vary or revoke a condition imposed under subsection (1), the Minister must give the State/Territory entity written notice that the condition is varied or revoked.

Part 16 · Overseas campuses

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

66 After section 7

Insert:

7AApplication of this Act to overseas university campuses#

(1)For the purposes of this Act, conduct engaged in by an overseas campus of an Australian university is taken to be conduct engaged in by the Australian university.

(2)A foreign arrangement between an overseas campus of the Australian university and a foreign entity is taken to be an arrangement between the Australian university and the foreign entity.

(3)The Australian university must:

(a)comply with obligations under this Act that would apply to the overseas campus of the Australian university if the overseas campus were a State/Territory entity; and

(b)take reasonable steps to ensure that the overseas campus of the Australian university complies with any decisions made by the Minister under this Act in relation to a foreign arrangement that the overseas campus is proposing to negotiate, is negotiating, is proposing to enter or is a party.

(4)In this section:

Australian university means a university that is a State/Territory entity under paragraph 7(e).

overseas campus of an Australian university means:

(a)an entity located in a foreign country that provides a course of study leading solely to a higher education award (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011) offered or conferred by or on behalf of the Australian university; or

(b)an entity or a kind of entity that is prescribed by the rules to be an overseas campus;

but does not include an entity or a kind of entity that is prescribed by the rules as not being an overseas campus.

67 Application provision—overseas university campuses’ arrangements

(1) Section 7A of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part, applies in relation to an Australian university after the end of the transition period.

(2) If an overseas campus of an Australian university enters a foreign arrangement during the transition period:

(a)section 7A of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, as inserted by this Part, applies in relation to the arrangement after the end of the transition period; and

(b)the arrangement is taken to be entered on the day after the end of the transition period.

(3) In this item:

transition period means the period of 6 months beginning on the day this item commences.

Part 17 · Other amendments

Division 1—Simplified outlines #

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

68 Section 3 (paragraph beginning “A State/Territory entity is”)

Omit “proposes to enter, or enters, a foreign arrangement”, substitute “proposes to negotiate or enter a core foreign arrangement, or enters any foreign arrangement”.

69 Section 3

Omit:

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.

substitute:

For example, a State/Territory entity will be required to give a notice when a non-core foreign arrangement is varied in the same way as it is required to give a notice when the arrangement is entered into. A core State/Territory entity is also required to give a notice to the Minister before varying a core foreign arrangement and when the arrangement is varied.

70 Section 14 (paragraph (a) of paragraph beginning “The Minister must”)

Omit “foreign relations”, substitute “national interest”.

71 Section 14 (after the paragraph beginning “Otherwise, the Minister”)

Insert:

The Minister may impose, vary or revoke conditions on the approval to negotiate or enter the arrangement.

72 Section 14 (paragraph beginning “However, if the Minister”)

After “or enter the arrangement,”, insert “or, if the period is extended by the Minister for a further period of up to 30 days, within that extended period,”.

73 Section 14 (after the paragraph beginning “However, if the Minister”)

Insert:

If a core State/Territory entity is in an arrangement with an entity that is prescribed by the rules to be a core foreign entity, the core State/Territory entity must notify the Minister about that arrangement.

The Minister may impose, vary or revoke conditions on the giving effect to a core foreign arrangement by a core State/Territory entity.

A core State/Territory entity must notify the Minister if a core foreign arrangement is terminated before the end of the arrangement.

74 Section 14 (after the paragraph beginning “Subsidiary arrangements of”)

Insert:

The Minister may determine that section 30, 31 or 32 does not apply to an arrangement that was entered into without the Minister’s approval. The Minister must be satisfied that the arrangement would not adversely affect, or would be unlikely to adversely affect, Australia’s national interest or would not be, or would be unlikely to be, inconsistent with Australia’s foreign policy.

75 Section 33 (paragraph beginning “A State/Territory entity”)

Repeal the paragraph.

76 Section 33 (paragraph (a) of paragraph beginning “The Minister may”)

Omit “foreign relations”, substitute “national interest”.

77 Section 33 (after the paragraph beginning “There are particular matters”)

Insert:

If a State/Territory entity enters a non-core foreign arrangement, the entity must notify the Minister about that arrangement.

If an entity is prescribed by the rules to be a State/Territory entity or a foreign entity and the prescribed entity is in a non-core foreign arrangement, the State/Territory entity to the arrangement must notify the Minister about that arrangement.

The Minister may impose, vary or revoke conditions on the giving effect to a non-core foreign arrangement by a State/Territory entity.

A State/Territory entity must notify the Minister if a non-core foreign arrangement is terminated before the end of the arrangement.

78 Section 39

Omit “foreign relations” (wherever occurring), substitute “national interest”.

79 Section 50 (after the paragraph beginning “The Minister must take”)

Insert:

The Minister may request a State/Territory entity to notify the Minister about an exempt arrangement or a subsidiary arrangement of a foreign arrangement.

80 Section 50 (after the paragraph beginning “If the Minister”)

Insert:

Information obtained under this Act may be disclosed to assist persons in the Department to perform functions or duties for the Department that relate to Australia’s national interest or Australia’s foreign policy, and to another Commonwealth entity to assist the entity to perform its functions or duties or exercise its powers.

Division 2—Injunctions #

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

81 Before paragraph 52(1)(a)

Insert:

(aa)paragraph 7A(3)(b) (which deals with the requirement to take reasonable steps to ensure an overseas campus complies with decisions of the Minister);

82 After paragraph 52(1)(b)

Insert:

(ba)subsection 17(3A) (which deals with the requirement to comply with conditions imposed on an approval to negotiate a core foreign arrangement);

83 After paragraph 52(1)(d)

Insert:

(da)subsection 24(3A) (which deals with the requirement to comply with conditions imposed on an approval to enter a core foreign arrangement);

84 After paragraph 52(1)(e)

Insert:

(ea)subsection 29A(2) (which deals with the requirement to notify the Minister about core foreign arrangements with prescribed core foreign entities);

(eb)subsection 29B(4) (which deals with the requirement to comply with conditions imposed on giving effect to a core foreign arrangement);

(ec)subsection 29C(2) (which deals with the requirement to notify the Minister about core foreign arrangements that are terminated);

85 Paragraph 52(1)(g)

Repeal the paragraph.

86 After paragraph 52(1)(j)

Insert:

(ja)subsection 38A(2) (which deals with the requirement to notify the Minister about non-core foreign arrangements with prescribed entities);

(jb)subsection 38B(4) (which deals with the requirement to comply with conditions imposed on giving effect to a non-core foreign arrangement);

(jc)subsection 38C(2) (which deals with the requirement to notify the Minister about non-core foreign arrangements that are terminated);

87 After paragraph 52(1)(l)

Insert:

(la)subsection 51A(2) (which deals with the requirement to notify the Minister about exempt arrangements or subsidiary arrangements);

Division 3—Approved forms and approved ways #

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

88 After paragraph 29(2)(a)

Insert:

(aa)be in the approved form (if any); and

89 At the end of subsection 29(2)

Add:

; and (e) be given in the approved way (if any).

90 After paragraph 38(2)(a)

Insert:

(aa)be in the approved form (if any); and

91 At the end of subsection 38(2)

Add:

; and (e) be given in the approved way (if any).

Division 4—Prescribed administrative action #

Australian Security Intelligence Organisation Act 1979 #

92 Subsection 35(1) (definition of prescribed administrative action)

After “subject to subsections (1A)”, insert “, (1B)”.

93 Subsection 35(1) (note to the definition of prescribed administrative action)

Repeal the note.

94 After subsection 35(1A)

Insert:

(1B)A decision made under the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 or the rules under that Act is not prescribed administrative action.

Division 5—Foreign research projects #

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 #

95 After Division 6 of Part 5

Insert:

Division 6A · Foreign research projects

55ARequirement in relation to foreign research projects#

(1)An Australian university must maintain policies and procedures for:

(a)identifying research projects conducted by researchers employed or engaged by the Australian university with researchers employed or engaged by foreign entities; and

(b)assessing whether such research projects:

(i)adversely affect, or are likely to adversely affect, Australia’s national interest; or

(ii)are, or are likely to be, inconsistent with Australia’s foreign policy; and

(c)managing risks identified through those assessments.

(2)The Australian university must take reasonable steps to implement the policies and procedures.

(3)In this section:

Australian university means a university that is a State/Territory entity under paragraph 7(e).

[Minister’s second reading speech made in—

House of Representatives on 1 July 2026

Senate on 20 August 2026]

(85/26)

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

1Short title#

2Commencement#

3Schedules#

52ADisclosure of information within the Department#

52BDisclosure of information to a Commonwealth entity#

14AApplication of this Part#

51AMinister may request entity to give notice of an arrangement#

32ADetermination that arrangement can be given effect#

63AReview of operation of Act#

29CRequirement to notify the Minister about termination of core foreign arrangements#

38CRequirement to notify the Minister about termination of non-core foreign arrangements#

29ARequirement to notify the Minister about core foreign arrangements with prescribed core foreign entities#

38ARequirement to notify the Minister about non-core foreign arrangements with prescribed entities#

29BMinister may impose, vary or revoke conditions on giving effect to a core foreign arrangement#

38BMinister may impose, vary or revoke conditions on giving effect to a non-core foreign arrangement#

7AApplication of this Act to overseas university campuses#

55ARequirement in relation to foreign research projects#

Defined terms · 5

History · 1 version

Key facts

1Short title#

2Commencement#

3Schedules#

52ADisclosure of information within the Department#

52BDisclosure of information to a Commonwealth entity#

14AApplication of this Part#

51AMinister may request entity to give notice of an arrangement#

32ADetermination that arrangement can be given effect#

63AReview of operation of Act#

29CRequirement to notify the Minister about termination of core foreign arrangements#

38CRequirement to notify the Minister about termination of non-core foreign arrangements#

29ARequirement to notify the Minister about core foreign arrangements with prescribed core foreign entities#

38ARequirement to notify the Minister about non-core foreign arrangements with prescribed entities#