Document ID: chunk:federal_register_of_legislation:C2024C00613:section:164b:p2
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 164B (pt 2/3)
Character Range: 298288–301162

(relating to providing direct personal responses) would be discharged.
 (5) The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection (2).
 (6) If:
 (a) a declaration is made under subsection (2) that an institution is listed for the Commonwealth or a participating Territory; and
 (b) any of the following apply:
 (i) the jurisdiction withdraws its agreement, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section;
 (ii) the institution requests the Minister in writing to vary or revoke the declaration so that the institution is no longer listed for the jurisdiction under this section;
 (iii) the Minister becomes satisfied that, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would be discharged;
 (iv) the Minister becomes satisfied that, if the institution were to remain listed under this section, its obligations under section 54 (relating to providing direct personal responses), would not be discharged;
then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the institution is no longer listed for the jurisdiction under this section.
 (7) If:
 (a) a declaration is made under subsection (2) that an institution is listed for a participating State; and
 (b) any of the following apply:
 (i) the State withdraws its agreement, in a way provided for in the State's referral Act or adoption Act, to the institution being listed for the State under this section;
 (ii) the institution requests the Minister in writing to vary or revoke the declaration so that the institution is no longer listed for the jurisdiction under this section;
 (iii) the Minister becomes satisfied that, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would be discharged;
 (iv) the Minister becomes satisfied that, if the institution were to remain listed under this section, its obligations under section 54 (relating to providing direct personal responses), would not be discharged;
then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the institution is no longer listed for the State under this section.
 (8) If a declaration under subsection (2) that an institution is listed for a participating jurisdiction is in force, the Minister must, at least every 12 months, consider whether, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act would be discharged.