Document ID: chunk:federal_register_of_legislation:C2024C00557:section:73:p1
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 73 (pt 1/3)
Character Range: 226058–228709

73  Procedure to be followed before exercising step‑in power

Good faith negotiation
 (1) The Minister must negotiate in good faith with the affected Basin State, and any relevant agency of the affected Basin State, with a view to dealing effectively with the circumstances without the exercise of the step‑in power.

Preliminary notice
 (2) Before the Minister exercises the step‑in power in relation to particular circumstances, the Minister must give the relevant State Minister for the affected Basin State a preliminary notice that:
 (a) specifies the circumstances; and
 (b) sets out the Minister's reasons for being satisfied that the circumstances give rise to the step‑in power; and
 (c) indicates that the Minister is considering exercising the step‑in power; and
 (d) indicates that the Minister is willing to engage in a mediation process in relation to the circumstances; and
 (e) requests the Basin State to notify the Minister, in writing, within 2 weeks after the notice under this subsection is given, whether the Basin State is also willing to engage in a mediation process in relation to the circumstances.

Mediation
 (3) If the affected Basin State indicates that it is willing to engage in a mediation process in relation to the circumstances, the mediator is to be:
 (a) a person determined by agreement between the Minister and the Basin State; or
 (b) a person nominated by the President of the Law Council of Australia if the Minister and the Basin State do not agree on a person to be the mediator.
 (4) The process for the mediation is to be:
 (a) the process agreed by the Minister and the affected Basin State; or
 (b) the process determined by the mediator if the Minister and the affected Basin State do not agree on the process for the mediation.
 (5) Representatives of the Minister must attend any mediation sessions called by the mediator.
 (6) The affected Basin State is to be taken to have indicated that it is not willing to engage in a mediation process in relation to the circumstances if it does not give the notice requested in paragraph (2)(e) within the period of 2 weeks referred to in that paragraph.

Formal notice
 (7) The Minister may give the relevant State Minister for the affected Basin State a notice under subsection (8) if:
 (a) the Basin State has indicated that it is not willing to engage in a mediation process in relation to the circumstances and the period of 1 month starting 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