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COMMONWEALTHAct
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s 33

GEMS determinations—consent of participating jurisdictions

In force
Part 4GEMS determinations
Division 2Making GEMS determinations

33 GEMS determinations—consent of participating jurisdictions

(1)

Before making a GEMS determination, the Minister must obtain consent to the terms of the determination:

(a)

if a method for obtaining the consent of participating jurisdictions is set out in the agreement (or agreements) referred to in subsection (3)—in accordance with that method; or

(b)

in any other case—from at least two‑thirds of the participating jurisdictions.

Note:

For an exception to this rule, see subsection 36(3).

(2)

The Commonwealth is a participating jurisdiction for the purposes of this Act.

(3)

A State or Territory is a participating jurisdiction at a particular time for the purposes of this Act if:

(a)

the Commonwealth has agreed with the State or Territory that the State or Territory will be a participating jurisdiction for the purposes of this Act; and

(b)

the State or Territory remains a participating jurisdiction for the purposes of this Act at that time, in accordance with the agreement.

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