Commonwealth Numbered Acts

AUSTRALIAN OVERSEAS PROJECTS CORPORATION ACT 1978 No. 105 of 1978 - SECT 8

8. (1) Where the Corporation is aware that an Australian private organization
is able and willing to carry out an overseas development project or a part of
an overseas development project, the Corporation shall not, unless the
Minister otherwise approves, take any action that would result in that project
or that part of the project being carried out, in whole or in part, by the
Corporation, whether acting as a principal or as an agent, or by an
Australian consortium that includes the Corporation.

(2) Where an Australian private organization becomes aware that the
Corporation-

   (a)  is negotiating with another person or other persons with a view to the
        formation of an Australian consortium to carry out the whole, or a
        part, of an overseas development project; or

   (b)  is negotiating with an overseas Government, authority or organization
        with a view to agreeing to carry out the whole or a part of an
        overseas development project in accordance with paragraph 6 (1) (d),
        the Australian private organization may lodge with the Minister an
        objection to that action of the Corporation.

(3) Where an Australian private organization-

   (a)  lodges an objection with the Minister under sub-section (2) relating
        to negotiations being carried on by the Corporation; and

   (b)  satisfies the Minister that it is able and willing to carry out the
        project, or the part of the project, to which those negotiations
        relate, the Minister may direct the Corporation to cease those
        negotiations.

(4) In considering whether to give a direction under sub-section (3), the
Minister shall take into consideration-

   (a)  the possible effect of the withdrawal of the Corporation from the
        negotiations to which the objection relates;

   (b)  the reasons why the objection was made; and

   (c)  any other relevant matter.

(5) The Corporation shall comply with a direction of the Minister under
sub-section (3).