Document ID: chunk:federal_register_of_legislation:C2024C00557:section:73:p2
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 73 (pt 2/3)
Character Range: 228499–231189

on the day on which the notice was given under subsection (2) ends; or
 (b) the Basin State has indicated that it is willing to engage in a mediation process in relation to the circumstances and the period of 2 months starting on the day on which the notice was given under subsection (2) ends.
 (8) The notice under this subsection is a notice that:
 (a) specifies the circumstances that, in the Minister's opinion, give rise to the step‑in power; and
 (b) sets out the Minister's reasons for being satisfied that the circumstances give rise to the step‑in power; and
 (c) specifies the action or actions that the Minister considers would deal with the circumstances without the exercise of the step‑in power; and
 (d) specifies the time within which the action or actions should be taken; and
 (e) indicates that the Minister will consider exercising the step‑in power if the action or actions are not taken within the time referred to in paragraph (d); and
 (f) requests the affected Basin State to respond to the notice within the period specified in the notice.
 (9) The period specified under paragraph (8)(f) must end at least 1 month after the notice under subsection (8) is given to the affected Basin State.
 (10) A copy of the notice under subsection (8) must be given to the relevant State Ministers of each of the other Basin States.

Affected Basin State response to formal notice
 (11) The affected Basin State may respond to the notice under subsection (8) within:
 (a) the period specified under paragraph (8)(f); or
 (b) such longer period as the Minister allows.
 (12) In its response to the notice under subsection (8), the affected Basin State may:
 (a) raise any issues that the Basin State considers appropriate; and
 (b) draw attention to any facts or matters in relation to the circumstances that the Basin State considers should be taken into account; and
 (c) draw attention to any mitigating factors in relation to the circumstances; and
 (d) propose a variation of, or an alternative to, the action or actions specified under paragraph (8)(c).

Notice of intention to proceed to a decision
 (13) If:
 (a) the affected Basin State does not respond under subsection (11); or
 (b) the affected Basin State responds under subsection (11) and the Minister, having considered the response, intends to proceed to consider whether to exercise the step‑in power;
the Minister must give the Basin State a notice that:
 (c) indicates that the Minister intends to proceed to consider whether to exercise the step‑in power; and
 (d) sets out the Minister's reasons for intending to do so.

Decision to exercise step‑in power
 (14) The Minister may exercise the step‑in power