Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024

Administered by Department of Foreign Affairs and Trade

Legislation au F2024L01566 Rules Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

 

 

 

 

 

AUSTRALIA’S fOREIGN RELATIONS (sTATE AND tERRITORY ARRANGEMENTS) amendment (foreign entities) RULES 2024

 

 

Explanatory Statement

 

 


AUSTRALIA’S fOREIGN RELATIONS (sTATE AND tERRITORY ARRANGEMENTS) amendment (foreign entities) RULES 2024

 

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. In addition, rules may be made pursuant to subsection 8(1)(j) of the Act to prescribe a foreign entity.

 

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024 (the Amendment Rules) will amend the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 (the Rules) to prescribe universities in Russia and Belarus as foreign entities for the purposes of the Act.

 

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 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 Impact Analysis (OIA) has been consulted in relation to the Rules.  No Impact Analysis is required (OIA23-05483). 

 

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

 

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

 

The Amendment Rules commence on the day after registration on the Federal Register of Legislation.

 

Given the nature of the Scheme and the Rules, the foreign entities to be prescribed were not consulted. The department regularly engages with State/Territory entities on the operation of the Act and any changes. Given the minor regulatory impact of the Rules, State/Territory entities were not consulted on the Rules.

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 (Foreign Entities) Rules 2024

 

This disallowable legislative instrument, the Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024 (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

 

Section 1 titles the Legislative Instrument the Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024.  Section 2 provides that the Legislative Instrument will commence on the day 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 specifies the entities prescribed to be foreign entities— universities in Russia or Belarus.

 

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) Amendment (Foreign Entities) Rules 2024

 

Senator the Hon. Penny Wong, Minister for Foreign Affairs


ATTACHMENT B

 

DETAILS OF THE AUSTRALIA’S fOREIGN RELATIONS (sTATE AND tERRITORY ARRANGEMENTS) amendment (FOREIGN ENTITIES) RULES 2024

Section 1

 

Section 1 provides that the name of the Rules is Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024 (the Amendment Rules).

 

Section 2

 

Section 2 provides that the Amendment Rules commence on the day after registration on the Federal Register of Legislation.

 

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 adds a new Part 2AA regarding foreign entities.  The clause prescribes a university that is located in Russia or Belarus as a non-core foreign entity.

 

Once the Amendment Rules commence, State/Territory entities will be subject to the requirements in Part 3 of the Act in relation to entering non-core foreign arrangements with those universities.  Namely:

  • a State/Territory entity will be required to notify the Minister about proposals to enter an arrangement with a prescribed entity, in accordance with section 34 of the Act, and
  • a State/Territory entity will be required to notify the Minister if it enters an arrangement with a prescribed entity, in accordance with section 38 of the Act.

 

In addition, once the Amendment Rules commence, the Minister may make a declaration under Division 2, Part 4 of the Act in relation to foreign arrangements and subsidiary arrangements with a prescribed entity that are in operation if satisfied that the arrangement:

  1.    adversely affects, or is likely to adversely affect, Australia’s foreign relations or
  2.    is, or is likely to be, inconsistent with Australia’s foreign policy.

 

Any arrangements with universities in Russia and Belarus will also be published on the Foreign Arrangements Scheme Public Register.

 

This clause is consistent with the purpose of the Act to protect and manage Australia’s foreign relations. By prescribing universities in Russia and Belarus as foreign entities, the Minister will receive notification of any proposals to enter an arrangement with a university in Russia or Belarus, providing greater visibility of these arrangements to both the Minister and the public.  It will also provide the Minister with the ability to ensure that arrangements involving universities in Russia or Belarus do not continue to operate if they adversely affect Australia’s foreign relations or are inconsistent with Australia’s foreign policy. 

 

 

 

 

 

 

Overview

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024 were enacted to amend the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020, by prescribing universities in Russia and Belarus as foreign entities for the purposes of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020. This legislative instrument was introduced to ensure that arrangements between Australian state and territory entities and foreign entities, specifically universities in Russia and Belarus, are assessed to ensure they do not adversely affect Australia’s foreign relations or are inconsistent with Australia’s foreign policy. The rules were made under the authority of the Minister for Foreign Affairs, in accordance with Section 54 of the Act, which allows the Minister to make rules necessary for carrying out or giving effect to the Act. The rules aim to provide greater oversight and control over such arrangements, ensuring they align with Australia’s foreign policy objectives and do not harm its international standing.

Scope and Application

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024 applies to State and Territory entities in Australia, requiring them to notify the Minister for Foreign Affairs of any proposals to enter into arrangements with foreign entities, specifically universities located in Russia and Belarus. These entities are prescribed as foreign entities under the Amendment Rules, thereby subjecting any intended arrangements to the oversight mechanisms stipulated in the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020. The Amendment Rules extend the geographic reach of the Act by targeting foreign entities based in specific countries, thus affecting the international engagements of Australian State and Territory entities with these foreign institutions. The Rules do not specify any exclusions, exemptions, or thresholds, thereby applying broadly to all relevant entities and arrangements. The rules are designed to ensure that any such arrangements do not adversely affect Australia's foreign relations or conflict with its foreign policy, thereby safeguarding the nation's diplomatic interests. The Amendment Rules are a legislative instrument under the Legislation Act 2003 and will come into effect on the day following their registration on the Federal Register of Legislation.

Key Provisions

The Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Foreign Entities) Rules 2024 (the Amendment Rules) are intended to modify the Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 (the Rules) by designating universities in Russia and Belarus as foreign entities under the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act). This change is outlined in Clause 1 of Schedule 1 to the Amendment Rules. By doing so, these universities are now subject to the notification and reporting requirements specified in Part 3 of the Act. Specifically, any State or Territory entity that intends to enter into an arrangement with a prescribed university must notify the Minister for Foreign Affairs in accordance with section 34 of the Act. Additionally, if an arrangement is already in place, the entity must report this under section 38 of the Act. The Minister also retains the authority to make a declaration concerning arrangements that adversely affect Australia’s foreign relations or are inconsistent with its foreign policy, as stipulated under Division 2, Part 4 of the Act. The Amendment Rules impose several obligations on State and Territory entities. Primarily, these entities are required to notify the Minister about any proposals to enter into arrangements with universities in Russia or Belarus, as well as report any existing arrangements with these universities. This requirement is aimed at ensuring transparency and oversight over the activities of State and Territory entities with foreign entities that could potentially impact Australia’s foreign relations. The Minister’s ability to make declarations concerning arrangements that adversely affect Australia’s foreign relations or are inconsistent with its foreign policy further ensures that such arrangements can be monitored and, if necessary, curtailed. Moreover, all such arrangements will be published on the Foreign Arrangements Scheme Public Register, enhancing public transparency and accountability. Breach of the obligations and requirements outlined in the Amendment Rules may lead to various consequences. The Act does not explicitly state maximum penalties for non-compliance, but breaches could potentially result in the termination of arrangements, public scrutiny, and possibly legal actions. For instance, if an entity fails to notify the Minister about an arrangement as required by section 34 or 38 of the Act, the Minister could make a declaration under Division 2, Part 4 of the Act, which may lead to the cessation of the arrangement. Additionally, non-compliance could result in public disclosure of the arrangement on the Foreign Arrangements Scheme Public Register, thereby impacting the reputation of the entity involved. While the Amendment Rules themselves do not specify penalties, non-compliance with the Act's provisions could lead to civil or criminal consequences depending on the nature and severity of the breach.

Legal classification tags

Area of Law
International Law
Instrument
Rules
Concepts
Reporting & Disclosure Obligations
Prohibited Conduct
Regulatory Standards

Interactions

Authorises

All Versions

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.