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COMMONWEALTHAct
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s 134

Institutions becoming members of a participating group

In force
Chapter 5Participating institutions, participating groups and participating jurisdictions
Part 5‑2Groups of institutions participating in the scheme
Division 2Participating groups

134 Institutions becoming members of a participating group

(1)

The Minister may, by notifiable instrument, declare that 2 or more participating institutions form a participating group.

(2)

The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:

(a)

for a group of Commonwealth institutions—the Commonwealth has agreed to each Commonwealth institution being a member of the group; and

(b)

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

(c)

for a group of Territory institutions—the participating Territory has agreed to each Territory institution being a member of the group; and

(d)

for a group of non‑government institutions:

(i)

each institution has agreed to be a member of the group and to each other institution being a member of the group; and

(ii)

there is a sufficient connection between each institution in the group; and

(e)

in all cases:

(i)

each institution is not a member of another participating group; and

(ii)

there is a representative for the group (see subsection 136(1)); and

(iii)

any other requirements prescribed by the rules are satisfied.

Note:

For how the agreement of the Commonwealth, a participating Territory, an institution or a person is given, see section 186.

(3)

If:

(a)

a State or Territory has agreed to a State institution or Territory institution being a member of a participating group; and

(b)

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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