Institutions becoming members of a participating group
134 Institutions becoming members of a participating group
The Minister may, by notifiable instrument, declare that 2 or more participating institutions form a participating group.
The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:
for a group of Commonwealth institutions—the Commonwealth has agreed to each Commonwealth institution being a member of the group; and
for a group of State institutions—the participating State has agreed, in a way provided for in the State’s referral Act or adoption Act, to each State institution being a member of the group; and
for a group of Territory institutions—the participating Territory has agreed to each Territory institution being a member of the group; and
for a group of non‑government institutions:
each institution has agreed to be a member of the group and to each other institution being a member of the group; and
there is a sufficient connection between each institution in the group; and
in all cases:
each institution is not a member of another participating group; and
there is a representative for the group (see subsection 136(1)); and
any other requirements prescribed by the rules are satisfied.
For how the agreement of the Commonwealth, a participating Territory, an institution or a person is given, see section 186.
If:
a State or Territory has agreed to a State institution or Territory institution being a member of a participating group; and
the institution is a body corporate;
then the institution is taken to have also agreed to be a member of the participating group.
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