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s 209D

Process for seeking agreement to Category B rules and Category C rules

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Chapter 7Other matters
Part 5Legislative instruments

209D Process for seeking agreement to Category B rules and Category C rules

(1)

In seeking the agreement of a host jurisdiction for the purposes of section 209 to the making of Category B National Disability Insurance Scheme rules or Category C National Disability Insurance Scheme rules, the Minister must:

(a)

give a notice (the original notice) in writing to one host jurisdiction Minister for that host jurisdiction seeking the agreement of that host jurisdiction to the making of the rules and requesting the agreement be given before the end of 28 days beginning on the day the notice is given; and

(b)

provide a copy of the proposed rules to that host jurisdiction Minister.

(2)

If, immediately before the end of that 28‑day period:

(a)

no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the making of the rules; and

(b)

no host jurisdiction Minister for that host jurisdiction has made a request under subsection (3);

then, at the end of that period, that host jurisdiction is taken to have agreed to the making of the rules.

(3)

If, before the end of that 28‑day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the making of the rules:

(a)

that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

(b)

if, immediately before the end of that 90‑day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the making of the rules, then, at the end of that period, that host jurisdiction is taken to have so agreed.

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Section 209D — Process for seeking agreement to Category B rules and Category C rules — National Disability Insurance Scheme Act 2013 (Commonwealth) — Barrister AI