Document ID: chunk:federal_register_of_legislation:C2024C00224:section:203ad:p1
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 203AD (pt 1/2)
Character Range: 598770–601592

203AD  Recognition of representative bodies

Commonwealth Minister may recognise representative bodies
 (1) The Commonwealth Minister may, by legislative instrument, recognise, as the representative body for an area or areas, an eligible body that has applied under section 203AB to be the representative body for the area or areas if the Commonwealth Minister is satisfied that:
 (c) if the body is already a representative body—the body satisfactorily performs its existing functions; and
 (d) the body would be able to perform satisfactorily the functions of a representative body.

Period of recognition
 (2) The recognition of the body as a representative body:
 (a) takes effect on the day specified in the instrument of recognition; and
 (b) subject to subsection (3), ceases to have effect at the end of the day specified in that instrument unless the body's recognition is earlier withdrawn under section 203AH.
 (3) If an area for which a body is recognised as the representative body is varied under subsection 203AE(1) so as to reduce the area to zero, the recognition of the body ceases immediately after the variation takes effect.
 (3A) The period of recognition specified in the instrument of recognition must be at least 1 year but not more than 6 years.
 (3B) In deciding the period of recognition to specify in the instrument of recognition, the Commonwealth Minister must consider the following:
 (a) whether the body is under external administration;
 (b) whether a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body;
 (c) what period of recognition would, in the opinion of the Commonwealth Minister, promote the efficient performance of the functions mentioned in subsection 203B(1).
 (3C) In deciding the period of recognition to specify in the instrument of recognition, the Commonwealth Minister may consider any information in the possession of the Minister or the Department that is relevant to that decision.
 (3D) Subsections (3B) and (3C) do not limit any other matters that the Minister may take into account in deciding the period of recognition.

Commonwealth Minister not to recognise more than one body for an area
 (4) The Commonwealth Minister must not, under this section, recognise a body as the representative body for an area, with effect from a particular day, if a body has already been recognised as the representative body for all or part of the area, and that recognition will still be in effect on that day.

Notifying unsuccessful applicants
 (5) If the Commonwealth Minister decides not to recognise as the representative body for an area or areas a body that applied for that recognition, the Commonwealth Minister must notify the body,