Commonwealth Consolidated Acts Commonwealth Consolidated ActsDeclaration of actions not needing approval
(1) A bilateral agreement may declare that actions in a class of actions specified in the agreement wholly or partly by reference to the fact that their taking has been approved by:
(a) the State or self - governing Territory that is party to the agreement; or
(b) an agency of the State or Territory;
in accordance with a management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the agreement do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E.
What is a bilaterally accredited management arrangement ?
(2) A management arrangement is a bilaterally accredited management arrangement for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E, if and only if:
(a) the management arrangement is in force under a law of the State or Territory that is a party to the agreement and the law is identified in or under the agreement; and
(b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.
What is a bilaterally accredited authorisation process ?
(2A) An authorisation process is a bilaterally accredited authorisation process for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E, if and only if:
(a) the authorisation process is set out in a law of the State or Territory that is a party to the agreement, and the law and the process are identified in or under the agreement; and
(b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.
Accrediting management arrangement or authorisation process
(3) For the purposes of subsection (2) or (2A), the Minister may accredit in writing a management arrangement or an authorisation process for the purposes of a bilateral agreement with a State or self - governing Territory. However, the Minister may do so only if the Minister is satisfied that:
(a) the management arrangement or authorisation process and the law under which it is in force, or in which it is set out, meet the criteria prescribed by the regulations; and
(b) there has been or will be adequate assessment of the impacts that actions approved in accordance with the management arrangement or authorisation process:
(i) have or will have; or
(ii) are likely to have;
on each matter protected by a provision of Part 3 in relation to which the agreement makes a declaration under subsection (1); and
(c) actions approved in accordance with the management arrangement or authorisation process will not have unacceptable or unsustainable impacts on a matter protected by a provision of Part 3 in relation to which the agreement makes a declaration under subsection (1).
The Minister must publish in accordance with the regulations (if any) the instrument accrediting the management arrangement or authorisation process.
Note: Subdivision B sets out more prerequisites for accrediting a management arrangement or an authorisation process.
Tabling of management arrangement or authorisation process before accreditation
(4) The Minister must cause to be laid before each House of the Parliament a copy of:
(a) in the case of a management arrangement--the management arrangement; or
(b) in the case of an authorisation process--the relevant part of the law in which the authorisation process is set out;
that the Minister is considering accrediting for the purposes of subsection (2) or (2A).
Limitations on accreditation during period for disallowance
(5) The Minister must not accredit a management arrangement or authorisation process for the purposes of subsection (2) or (2A) under a bilateral agreement:
(a) before, or within 15 sitting days after, a copy of the management arrangement or authorisation process is laid before each House of the Parliament; or
(b) if, within those 15 sitting days of a House, notice of a motion to disallow the management arrangement or authorisation process is given in that House--subject to subsection (5A), within 15 sitting days of that House after the notice is given.
(5A) If:
(a) notice of a motion to disallow accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and
(b) the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given;
then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of.
Disallowance motion passed
(6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution disallowing the accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House.
Disallowance motion not defeated in time
(7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to disallow the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.
Extended time after dissolution or prorogation
(8) If:
(a) notice of a motion to disallow the management arrangement or authorisation process is given in a House of the Parliament (the disallowing House ); and
(b) before the end of 15 sitting days of the disallowing House after the notice is given:
(i) the House of Representatives is dissolved or expires; or
(ii) the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation (as appropriate):
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the management arrangement or relevant part of the law is taken for the purposes of subsections (5), (5A), (6) and (7) to have been laid before the disallowing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).
No preference
(9) In accrediting a management arrangement or authorisation process for the purposes of a bilateral agreement making a declaration relating to an action:
(a) by a person for the purposes of trade between Australia and another country or between 2 States; or
(b) by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Requirements for bilateral agreement making declaration
(10) If the declaration is for actions approved in accordance with a bilaterally accredited management arrangement, the declaration does not have effect for the purposes of this Act unless the bilateral agreement requires the State or self - governing Territory that is party to the agreement and agencies of the State or Territory:
(a) to act in accordance with the management arrangement; and
(b) not to approve the taking of actions that would be inconsistent with the management arrangement.