(1) The Minister may, by legislative instrument, declare that a specified foreign country is a designated country for the purposes of this Act.
(2) A declaration under subsection (1) has effect accordingly.
(3) The Minister must not declare a foreign country under subsection (1) unless:
(a) the government of the country has requested the Minister to make the declaration; and
(b) there is in force in that country legislation that corresponds to:
(i) section 15; or
(ii) section 15 (other than the offence provision in that section); or
(iii) section 15 (other than the civil penalty provision in that section).
(4) At least 90 days before making a declaration under subsection (1), the Minister must cause to be published a notice:
(b) in a newspaper circulating in each State, in the Northern Territory and in the Australian Capital Territory;
setting out the Minister's intention to make the declaration.
(5) In deciding whether to declare a foreign country under subsection (1), the Minister must have due regard to:
(b) any supporting statements;
made by the government of that country.