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COMMONWEALTHAct
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s 138

Ceasing to be the representative for a participating group of non‑government institutions

In force
Chapter 5Participating institutions, participating groups and participating jurisdictions
Part 5‑2Groups of institutions participating in the scheme
Division 3Representatives for participating groups

138 Ceasing to be the representative for a participating group of non‑government institutions

(1)

The Minister may, by notifiable instrument, revoke a declaration made under subsection 137(1) in relation to a representative for a participating group.

(2)

The Minister must, by notifiable instrument, revoke a declaration made under subsection 137(1) if:

(a)

the representative; or

(b)

each of the members of the group (other than the representative, if the representative is a member);

requests the Minister in writing to revoke the declaration.

Note:

If a participating group of non‑government institutions does not have a representative, then the Minister must revoke the declaration made under subsection 134(1) that the group is a participating group (see subsection 135(3)).

(3)

Despite subsections (1) and (2), the Minister must not revoke a declaration made under subsection 137(1) unless any requirements prescribed by the rules in relation to the revocation are satisfied.

(4)

If:

(a)

the Minister revokes a declaration made under subsection 115(2) in relation to a participating institution that is a member of a participating group immediately before the revocation; but

(b)

because of subsection 116(7), the institution continues to be a participating institution in relation to a person who made an application for redress before the revocation;

then the representative for the participating group continues to be the representative for the group in relation to the person, as if the institution were still a member of the group.

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