Bill
Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020
passed, as at 2020-12-10. Foreign Affairs and Trade portfolio.
- Sponsor
- Not recorded
- Portfolio
- Foreign Affairs and Trade
Recorded stages
- introduced — 2020-09-03
- second reading — 2020-09-03
- second reading — 2020-11-10
- second reading — 2020-11-11
- second reading — 2020-11-11
- committee — 2020-11-11
- third reading — 2020-11-11
- introduced — 2020-11-12
- second reading — 2020-11-12
- second reading — 2020-11-30
- second reading — 2020-12-01
- second reading — 2020-12-01
- committee — 2020-12-01
- committee — 2020-12-02
- committee — 2020-12-03
- third reading — 2020-12-03
- other — 2020-12-03
- passed — 2020-12-03
- royal assent — 2020-12-10
Divisions
- The majority voted in favour of keeping the wording of the usual second reading motion unchanged. The usual [second reading motion](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) is "*That the bill be read for a second time*," which is parliamentary jargon for agreeing with the main idea of the bill. The MP for Corio [Richard Marles](https://theyvoteforyou.org.au/people/representatives/corio/richard_marles) (Labor) had proposed to delete the words after 'that' and replace them with the words below. ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House:* > > *(1) notes:* > >> *(a) the desirability of greater oversight and review mechanisms for decisions made under the bill; and* >> >> *(b) the lack of clarity in the definition of 'arrangements' and 'institutional autonomy' in the bill; and* > > *(2) calls on the Government to:* > >> *(a) address the regulatory gap of private universities;* >> >> *(b) provide clarity on the treatment of the Port of Darwin in the bill before the bill proceeds;* >> >> *(c) make clear how this regime will interact with the existing legislation and guidelines that work to safeguard Australia's sovereignty, and provide confidence that the bill does not present a sovereign risk that will undermine investment and cost Australian jobs; engage in genuine consultation with Australian entities covered by the bill on the design of the regime; and* >> >> *(d) redraft the bill and re-present it to the Parliament at the earliest opportunity"* — 2020-11-11, House of Representatives: affirmative, ayes 58, noes 44
- The majority voted against an amendment to the usual second reading motion, which is "*that the bills be reads [for a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/)*" (parliamentary jargon for agreeing with the main idea of the bills). This means the amendment failed. ### Amendment text > *At the end of the motion, add: ", but the Senate:* > > *(a) notes:* > >> *(i) the absence of an oversight mechanism for decisions made under the Bill;* >> >> *(ii) the desirability, subject to appropriate arrangements to protect national security, of requiring the Minister to provide reasons for decisions, and a process for review of a minister's decision; and* >> >> *(iii) the lack of clarity in the definition of 'arrangements' in the Bill;* >> >> *(iv) the Minister should make an annual report to the Parliament outlining engagement with entities covered by the Bill, if enacted, to articulate and explain Australia's foreign policy and how entities should engage with foreign entities in Australia's national interest; and* > > *(b) calls on the Government to:* > >> *(i) address the regulatory gap of private universities;* >> >> *(ii) provide clarity on the treatment of the Port of Darwin in the Bill before the Bill proceeds;* >> >> *(iii) make clear how this regime will interact with the existing legislation and guidelines that work to safeguard Australia's sovereignty, including Foreign Investment Review Board processes, University Foreign Interference Taskforce Guidelines and the Foreign Influence Transparency Scheme, and provide confidence that the Bill does not present a sovereign risk that will undermine investment and cost Australian jobs;* >> >> *(v) engage in genuine consultation with Australian entities covered by the Bill on the design of the regime; and* ### What do these bills do? According to the bill homepage, the [Australia’s Foreign Relations (State and Territory Arrangements) — 2020-12-01, Senate: negative, ayes 30, noes 34
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-12-01.13.1) to the usual second reading motion, which is "*that the bills be reads [for a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/)*" (parliamentary jargon for agreeing with the main idea of the bills). This means the amendment failed. ### Amendment text > *Omit all words after "That", insert:* > > *", the bill be withdrawn; and* > > *(a) The Senate notes that:* > >> *(i) the bill as drafted creates a significant new scheme with wide-ranging implications;* >> >> *(ii) no public consultation process was undertaken on an exposure draft bill and there was no regulatory impact statement prepared prior to the introduction of the bill; and* >> >> *(iii) stakeholders have raised a range of concerns about lack of consultation, the compliance burden and impact of this bill; and* > > *(b) The Senate calls on the Government to undertake more extensive consultation with the wide range of stakeholders impacted by this proposed legislation".* ### What do these bills do? According to the bill homepage, the [Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6596) was: > *Introduced with the [Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6595), the bill establishes a legislative scheme for Commonwealth engagement with arrangements between State or Territory governments and foreign governments, and their associated entities.* — 2020-12-01, Senate: negative, ayes 9, noes 46
- The majority voted in favour of an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-12-02.102.5) that will include a requirement for the Minister to prepare an annual report in the bill. The amendment was introduced by South Australian Senator [Penny Wong](https://theyvoteforyou.org.au/people/senate/sa/penny_wong) (Labor). ### Amendment text > *(1) Page 66 (after line 19), after Division 4, insert:* > > *Division 4A—Annual report* > > *53A Annual report* > >> *(1) The Minister must cause 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.* >> >> *(2) Without limiting subsection (1), the report must include the following:* >> >>> *(a) 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;* >>> >>> *(b) a summary of the details of each of the decisions made by the Minister under the Act during the year;* >>> >>> *(c) 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.* >> >> *(3) A copy of the report must be given to the Leader of the Opposition in the House of Representatives, but 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.* >> >> *(4) The Minister must cause 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.* >> >> *(5) However, before tabling the report the Minister may make such redactions to the report as the Minister considers necessary in order to avoid preju — 2020-12-02, Senate: affirmative, ayes 32, noes 28
- The majority voted against [amendment (1) on sheet 1078](https://www.openaustralia.org.au/senate/?gid=2020-12-02.106.1), moved by Victorian Senator [Janet Rice](https://theyvoteforyou.org.au/people/senate/victoria/janet_rice (Greens), which means it failed. ### What did this amendment do? Senator Rice [explained that](https://www.openaustralia.org.au/senate/?gid=2020-12-02.106.1): > *This amendment is to define what 'foreign relations' means in the bill. A consistent theme throughout all the discussion and debate we have had on this bill is that key terms and definitions are undefined or poorly defined. This is a very simple amendment. We think it would have been a pretty obvious thing to include a definition of foreign relations. We hope that it's a useful one that will provide clarity in the legislation about, indeed, the extent of what is covered by this legislation.* ### Amendment text > *(1) Clause 4, page 5 (after line 3), after the definition of Australia's foreign policy, insert:* > > *Australia ' s foreign relations means the relationship between Australia and foreign countries arising out of their dealings with each other.* — 2020-12-02, Senate: negative, ayes 28, noes 32
- Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and another - in Committee - Reasons and review — 2020-12-02, Senate: negative, ayes 26, noes 31
- Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and another - in Committee - Reasons and review — 2020-12-02, Senate: negative, ayes 31, noes 31
- Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 - in Committee - Procedural fairness — 2020-12-03, Senate: affirmative, ayes 31, noes 29
- The majority voted against [amendments (1) to (4)](https://www.openaustralia.org.au/senate/?gid=2020-12-03.14.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means they failed. These amendments would have excluded universities from the bills. ### Amendment text > *(1) [Clause 7](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 9 (lines 6 and 7), omit paragraph (7) (e).* > > *(2) Clause 7, page 9 (after line 12), after paragraph (h), insert:* > >> *(ha) a university established by, or under, a law of a State or a Territory; or* > > *(3) [Clause 10](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 11 (line 28), omit "paragraph 7(d), (e) or (f)", substitute "paragraph 7(d) or (f)".* > > *(4) [Clause 50](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0005;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 60 (lines 19 and 20), omit "Generally, this Act applies to the Australian National University as if it were a State/Territory entity."* ### What do these bills do? According to the bill homepage, the [Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6596) was: > *Introduced with the [Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6595), the bill establishes a legislative scheme for Commonwealth engagement with arrangement — 2020-12-03, Senate: negative, ayes 9, noes 44
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-12-03.20.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means it failed. ### What does this amendment do? Senator Faruqi [explained that](https://www.openaustralia.org.au/senate/?gid=2020-12-03.20.1): > *I was hoping that I wouldn't have to move this amendment, because really universities should be excluded, but now that's not the case. This amendment really is about at least making sure that the larger projects or agreements are the ones that allow the government's broad scope to be looked at by the government. This amendment has a threshold amount of $250,000 for the government to be able to do what they want to do. Like I said: sadly, in the absence of universities being excluded from this legislation, at least this will minimise some of the damage and the harm done to universities and the people who work there.* ### Amendment text > *(1) Clause 9, page 11 (after line 10), after subclause (1), insert:* > >> *(1A) However, if a party to the arrangement is a university within the meaning of subsection 7(e), an arrangement has a value equal to, or more than, the threshold amount per financial year.* >> >> *(1B) The threshold amount for the financial year starting on 1 July 2020 is $250,000. The amount is to be indexed in accordance with Part 5-6 (Indexation) of the Higher Education Support Act 2003.* — 2020-12-03, Senate: negative, ayes 9, noes 42
- Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and another - in Committee - Port of Darwin — 2020-12-03, Senate: affirmative, ayes 28, noes 27
- The majority voted in favour of an [amendment](https://www.openaustralia.org.au/senate/?gid=2020-12-03.30.1) to the motion "*That the report be adopted,*" which South Australian Senator [Penny Wong](https://theyvoteforyou.org.au/people/senate/sa/penny_wong) (Labor) introduced. Senator Wong [explained that](https://www.openaustralia.org.au/senate/?gid=2020-12-03.30.1) this amendment: > *...simply relates to ensuring that the annual report, which we have previously inserted into the legislation, will be referred to the Senate Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report.* ### Amendment text > *At the end of the motion add:* > > *"and that, in relation to amendment (1) on sheet 1112:* > >> *(a) each annual report tabled by the Minister for Foreign Affairs pursuant to section 53A of the Australia's Foreign Relations (State and Territory Arrangements) Act 2020 ('the Act'),stand referred to the Senate Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report in accordance with standing order 25(20);* >> >> *(b) should the committee, as part of its inquiry into each annual report, request and receive information from the Minister related to the exercise of the Minister's decision-making powers under the Act that is information of the kind referred to in subsection 53(3) of the Act, the committee is to examine that information in confidence, including hearing any evidence in relation to such material in camera; and* >> >> *(c) this order is of continuing effect.* — 2020-12-03, Senate: affirmative, ayes 31, noes 27
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2020-12-03.41.1) to read the bills for a [third time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). In other words, they voted in favour of passing the bills in the Senate. The bill will now return to the House of Representatives, where our MPs will decide on whether to agree with the Senate's [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fsched%2Fr6596_sched_a84e4701-2e07-461d-aac1-92025e32f802%22;rec=0). ### What do these bills do? According to the bill homepage, the [Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6596) was: > *Introduced with the [Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6595) ... [to establish] a legislative scheme for Commonwealth engagement with arrangements between State or Territory governments and foreign governments, and their associated entities.* — 2020-12-03, Senate: affirmative, ayes 41, noes 9
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2020-09-03.
This bill would create a federal system to oversee agreements between state or territory bodies and foreign governments.
The minister would need to approve certain core arrangements before they could be negotiated or signed, and must be notified of others.
A 30-day deadline applies for the minister's decision on core arrangements, with automatic approval if no decision is made within that time.
- Requires state and territory bodies to notify the minister before entering most foreign arrangements.
- Bans state and territory bodies from negotiating or signing core foreign arrangements without the minister's approval.
- Makes arrangements invalid or unenforceable if entered in breach of the prohibition.
State and territory governments, their departments and agencies, local councils, and Australian public universities.
Sources
em
em supp
em revised
billhome
frl act