Minister’s power to decide that his or her consent is not required
601WBD Minister’s power to decide that his or her consent is not required
The Minister’s consent to the transfer of estate assets and liabilities is not required if the Minister has, in writing, determined that his or her consent is not required in relation to:
the transfer; or
a class of transfers that includes the transfer.
The regulations may prescribe criteria to be taken into account by the Minister in deciding whether to make a determination.
A determination is a legislative instrument if it is expressed to apply in relation to a class of transfers (whether or not it is also expressed to apply in relation to one or more transfers identified otherwise than by reference to membership of a class).
If subsection (3) does not apply to a determination, the determination is not a legislative instrument.
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