Question
The Foreign Corporations Interference and Other Measures Act 2020 (Cth) came into operation on the 21 July 2020. In her second reading speech to the
TheForeign Corporations Interference and Other Measures Act 2020(Cth) came into operation on the 21 July 2020. In her second reading speech to the Foreign Corporations Interference and Other Measures Bill 2020 (Cth), the Minister for Foreign affairs said:
The passage of this Bill through Parliament will be a watershed moment in securing Australia's interests against foreign interference. Our commitment to this ground-breaking legislation comes out of the fact that Australia is a proud signatory toGeneral Agreement on Tariffs and Tradeand theUnited Nations Charter. The Federal Government is also mindful that it has a responsibility to all Australians in the conduct of foreign affairs and the regulation of corporate activity.
relevant section of theGeneral Agreement on Tariffs and Tradeare:
Grants to the States S96 of the Constitutional Act
(a)The Commonwealth Government shall grant money to the States to cover the cost of collecting data and statistics relevant to the running of the State Foreign Interference Trade Boards.
(b)The grants are conditional upon:
i.each State government instituting reforms that provide for an increase in staff in State trade and commerce departments as determined by any Federal Ministerial directive; and,
ii.each State government ceding their legislative power on matters regarding State local councils to the Commonwealth not later than 31 December 2021.
(continued below)
Each State shall establish a State Foreign Interference Trade Board that must:
(a)Collect all relevant data and statistics on State and local government contracts with foreign governments and foreign corporations; and
(b)Meet bi-monthly at Parliament House in Canberra; and,
(c)Produce a report for the Federal Minister for Health every two months containing, among other things, a detailed outline of all data and statistics relating to State government and local council expenditure.
what are legal issues present in these section of the Act. Is any aspect any condition infringing constitutions prohibition. Is it requiring the states to do something that curtails the capacity of the states to carry out there function as government? Is there a special burden on the states?what does the sections of the Act want the states to do?
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