Legislative Review of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (Foreign Relations Act) commenced on 10 December 2020. Its purpose is to ensure that arrangements between state or territory governments (and their entities) and foreign entities do not adversely affect Australia's foreign relations and are not inconsistent with Australia's foreign policy.

Section 63A of the Foreign Relations Act requires a review of the operation of the Foreign Relations Act as soon as possible after 10 March 2024.  

On 21 June 2024, the Government announced the details of the independent review including the appointment of Ms Rosemary Huxtable AO PSM to lead the review, and a call for public submissions.

Consultation paper

To assist in the preparation of submissions, the Department of Foreign Affairs and Trade (DFAT) has released a consultation paper that outlines the purpose and background to the Scheme, the terms of reference for the review, and consultation questions. 

Terms of reference

The review must include consideration of:  

(a)   whether it is necessary or desirable to do anything to improve the operation of the Act;  

(b)   the effectiveness of the Act in meeting its objectives;  

(c)    whether the Act should be amended to implement the recommendations of the review; and

(d)   whether a further review of the Act should be undertaken, and, if so, when.

Submissions

In order to inform the review, interested stakeholders are invited to comment on the issues and questions raised in the consultation paper, including the terms of reference.

To make a submission or engage with DFAT about the review, please email AFRA.Review@dfat.gov.au.

Public submissions will close on 2 August 2024.

For accessibility reasons, responses should be submitted in Word or PDF format.

Making submissions public

All information in submissions (including names) may be made publicly available on the Foreign Arrangements Scheme website at the conclusion of the consultation process unless you indicate that you would like all or part of your submission to remain in confidence. Individuals and organisations may request to have their submission published anonymously or not published at all.

If you would like only part of your submission to remain confidential, please provide this information clearly marked as such, including where possible through the use of separate attachments.  

DFAT may not make submissions public for reasons associated with fairness and relevance. Submissions that are made public may also include redactions as DFAT considers appropriate. 

Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission. 

Collection of personal information

Any personal information provided in submissions received will only be used for:

• contacting the submitter for clarification of details
• confirming submitter consent to the publication of information in certain circumstances, and/or
• seeking submitter feedback on the consultation process.

DFAT will not disclose personal information without consent, unless authorised or required by law. For further information read the DFAT privacy policy.