Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021

Administered by Department of Foreign Affairs and Trade

Legislation au F2021L00212 Rules Not in force Legislative Instrument

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AUSTRALIA’S fOREIGN RELATIONS (sTATE AND tERRITORY ARRANGEMENTS) AMENDMENT (EDUCATION) RULES 2021

 

 

Explanatory Statement

 

 


AUSTRALIA’S fOREIGN RELATIONS (sTATE AND tERRITORY ARRANGEMENTS) AMENDMENT (EDUCATION) RULES 2021

 

 

EXPLANATORY STATEMENT

 

 

Issued by the authority of the Minister for Foreign Affairs

 

 

The Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act) allows the Minister to assess whether arrangements between State/Territory entities and foreign entities are consistent with Australia’s foreign policy and do not adversely affect Australia’s foreign relations.

 

Section 54 of the Act allows the Minister to make rules prescribing matters required or permitted by the Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Additionally, rules may be made pursuant to paragraph 2(3)(d) of Schedule 1 of the Act to prescribe a longer period of time for giving a notice to the Minister.

 

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021 (the Amendment Rules) will make amendments to the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 to prescribe the following matters for the purposes of the Act:

 

  • a definition of school; and
  • time for giving notices to the Minister about pre-existing core foreign arrangements.

 

A Statement of Compatibility with Human Rights (the Statement) has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Amendment Rules are compatible with human rights. A copy of the Statement is at Attachment A.

 

Details of the Amendment Rules are set out in Attachment B.

 

The Office of Best Practice Regulation (OBPR) has been consulted in relation to the Amendment Rules. No Regulation Impact Statement is required. 

 

The Act specifies no conditions that need to be satisfied before the power to make rules may be exercised. 

 

The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Amendment Rules commence immediately after they are registered.

 

Consultation was undertaken with affected stakeholders during the implementation of the Act.


ATTACHMENT A

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021

 

This disallowable legislative instrument, the Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021 (the Legislative Instrument), is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Part 1 of the Legislative Instrument deals with preliminary matters.  Section 1 titles the Legislative Instrument the Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021.  Section 2 provides that the Legislative Instrument will commence immediately after it is registered.  Section 3 provides that the Legislative Instrument is made under the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act).  Section 4 provides that each instrument in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 amends the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020. Clause 1 inserts a definition for school, meaning a school that provides preschool, primary or secondary education.

 

Clause 2 adds a new section to the Rules to provide a longer period of time in which a State/Territory entity must give a notice about certain pre-existing core foreign arrangements.

 

Human rights implications

 

The Legislative Instrument does not engage any rights or freedoms.

 

Conclusion

 

The Legislative Instrument is compatible with human rights because it does not engage any rights or freedoms.

 

Australia’s Foreign Relations (State and Territory Arrangements) Rules Amendment (Education) 2021

 

Senator the Hon. Marise Payne, Minister for Foreign Affairs


ATTACHMENT B

 

DETAILS OF AUSTRALIA’S FOREIGN RELATIONS (STATE AND TERRITORY ARRANGEMENTS) AMENDMENT (EDUCATION) RULES 2021

 

Section 1

 

Section 1 provides that the name of the Rules is Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021 (the Amendment Rules).

 

Section 2

 

Section 2 provides that the Amendment Rules commence immediately after it is registered.

 

Section 3

 

Section 3 states that the authority for making the Amendment Rules is taken from the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020.

 

Section 4

 

Section 4 is a provision that gives effect to the amendments to the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 (the Rules) as described in the Schedule.

 

Schedule 1

 

Clause 1

 

This clause inserts a definition of school into section 4 of the Rules. It defines school as a school that provides any of the following kinds of education:

  1. preschool education;
  2. primary education;
  3. secondary education

 

Clause 2

 

Clause 2 adds a new section (section 8) at the end of the Rules to provide a longer period of time in which a State/Territory entity must give a notice about pre-existing core foreign arrangements where a core State/Territory entity is a school and is a party to the arrangement or where a core foreign entity that is a school located in a foreign country is a party to the arrangement.

 

The period of time for a notice to be given for these arrangements will be 6 months from the commencement day of the Act.

Overview

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021 were introduced to amend the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020, under the authority of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020. This Act allows the Minister for Foreign Affairs to assess whether arrangements between State/Territory entities and foreign entities are consistent with Australia’s foreign policy and do not adversely affect Australia’s foreign relations. The Amendment Rules aim to enhance the monitoring and regulation of foreign educational arrangements that could impact Australia's foreign policy interests. They introduce a definition of "school" to clarify the types of educational institutions covered and extend the notice period for certain pre-existing arrangements involving schools. The rules are designed to ensure that educational collaborations align with Australia’s foreign policy objectives and do not pose any risks to national interests. The Statement of Compatibility with Human Rights confirms that these rules are compatible with human rights, as they do not infringe upon any rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021, as prescribed under the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, focus on ensuring that educational arrangements between State/Territory entities and foreign entities are in line with Australia's foreign policy and do not negatively impact its foreign relations. These rules apply to any State or Territory entity that engages in arrangements with foreign entities within the educational sector, which includes preschools, primary, and secondary schools. They also extend to any foreign educational entities that are party to such arrangements with Australian State or Territory educational institutions. The Amendment Rules have a national reach, applying across all states and territories of Australia. There are no specific exclusions or exemptions outlined in these rules; however, they do provide a longer timeframe for notifying the Minister about certain pre-existing core foreign educational arrangements. The rules become effective immediately after their registration, and they are designed to be flexible, allowing for extensions or other necessary modifications through subordinate instruments as required.

Key Provisions

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021 introduces several amendments to the existing Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020. Firstly, section 1 of these Amendment Rules provides the name of the new rules and clarifies that they pertain specifically to educational arrangements. Section 4 gives effect to the amendments by detailing the changes to the Rules as outlined in the Schedule. The primary changes involve the addition of a definition for "school" (Clause 1) and the extension of the notice period for certain pre-existing core foreign arrangements (Clause 2). The Amendment Rules impose specific obligations on State/Territory entities and foreign entities involved in educational arrangements. Under the new definition (Clause 1), "school" is clarified to include institutions that provide preschool, primary, or secondary education. This definition will assist in determining which arrangements require notification under the Act. Additionally, Clause 2 stipulates that State/Territory entities, where a core entity is a school, have six months from the commencement day of the Act to notify the Minister about pre-existing core foreign arrangements. This extended period aims to ensure that all relevant arrangements are reviewed and assessed under the new legislative framework. The Amendment Rules do not explicitly outline offences, penalties, or consequences for breach. However, it is implicit that failure to comply with the notification requirements could result in non-compliance with the Act, potentially leading to scrutiny and assessment of the arrangement by the Minister for Foreign Affairs. While the Rules themselves do not detail specific penalties, the overarching Act may provide for enforcement actions, including reviews and potential sanctions if an arrangement is found to be inconsistent with Australia’s foreign policy or detrimental to foreign relations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.