Commonwealth Minister may vary an area for which a body is the representative body
203AE Commonwealth Minister may vary an area for which a body is the representative body
Subject to this section, the Commonwealth Minister may, by legislative instrument, vary an area for which a body is the representative body if the Commonwealth Minister is satisfied that, after the variation, the body will satisfactorily perform its functions in relation to the varied area.
Variation to add the whole or a part of another area
The Commonwealth Minister must not vary an area (the original area) under subsection (1) to add the whole or a part of another area (the additional area) unless the boundary of the original area adjoins the boundary of the additional area.
Reduction of area
Without limiting subsection (1), the Commonwealth Minister may vary an area under that subsection so as to reduce the area, including reduce the area to zero.
In deciding whether to vary an area so as to reduce it to zero, the Commonwealth Minister need not be satisfied of the matter mentioned in subsection (1).
Variation on application or on the Commonwealth Minister’s own initiative
The Commonwealth Minister may vary an area under subsection (1) for which a body is the representative body:
on application, in writing, by the body; or
subject to section 203AF, on the Commonwealth Minister’s own initiative.
If an application is made under paragraph (5)(a) in relation to an area, the Commonwealth Minister may vary the area as the Commonwealth Minister considers appropriate.
Consideration of reports etc.
In deciding whether to vary the area, the Commonwealth Minister may consider the following:
any reports under section 203DF of audits or investigations of the body;
any notices that the Secretary of the Department has given to the Commonwealth Minister under section 203F in relation to the body;
any information in the possession of the Minister or Department that is relevant to the variation.
Subsection (7) does not limit any other matters that the Commonwealth Minister may take into account in deciding whether to vary the area.
Consideration of submissions
In deciding whether to vary the area, the Commonwealth Minister must consider any submissions made by a body or person within the period mentioned in subsection 203AF(6).
When the variation takes effect
The variation of the area takes effect on:
the day on which the instrument varying the area is made; or
if a later day is specified in that instrument—that day.
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