Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203aa
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203AA
Character Range: 394155–396856

203AA  Inviting applications from representative bodies during the transition period

Commonwealth Minister to invite applications

 (1) As soon as practicable after the start of the transition period, the Commonwealth Minister must make invitations under section 203A relating to areas that, taken together, cover all the land and waters to which this Act extends. The invitations need not all be made at the same time.

Matters to which Commonwealth Minister must have regard

 (2) Without limiting the matters to which the Commonwealth Minister may have regard in deciding the areas in relation to which the invitations will be made, he or she must have regard to the following:
 (a) the areas for the representative bodies that are already in existence;
 (b) the need to minimise any disruption to the performance of the functions of those representative bodies;
 (c) the requirements of subsection 203AD(4) in relation to the recognition of representative bodies.

Invitation to representative bodies

 (3) If an invitation under section 203A relates to an area (the original invitation area) that wholly or partly covers an area for which a body was, on the day on which this section commenced, a representative body:
 (a) the invitation must initially be made only to each of the bodies that was, on that day, a representative body for an area wholly or partly covered by the original invitation area; and
 (b) other than as provided in subsection (4), no other invitations may be made under section 203A, for areas that wholly or partly cover the original invitation area, until the end of the transition period.

Situations where general invitations can still be made

 (4) If the Commonwealth Minister has, as mentioned in paragraph (3)(a), made an invitation in respect of the original invitation area to a representative body or bodies, the Commonwealth Minister may make another invitation within the transition period in respect of the original invitation area, or an area wholly or partly within the original invitation area, if:
 (a) none of the bodies invited as mentioned in paragraph (3)(a) applied for recognition as the representative body for the original invitation area within the relevant application period under subsection 203A(3); or
 (b) the Commonwealth Minister has rejected the application of each of the bodies so invited that did apply.

Diagram of the rules for making invitations

 (5) This diagram shows when, under section 203A and this section, invitations can be made, during the transition period, for applications for recognition as the representative body for a particular area.

Note: These rules will not apply once the transition period has ended.