Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p93
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 93/154)
Character Range: 883219–886173

State Contracting Government is in default, the Authority must:
(a) forthwith declare that the State is in default of its obligations under this Schedule; and
(b) report the matter to the next meeting of the Ministerial Council.

    44. Exception Reports
       (1) The Authority may determine:
(a) that the combined total of all salinity credits does not exceed the combined total of all salinity debits attributed to a State Contracting Government in both Register A and Register B, contrary to paragraph 16(1)(b);
(c) that a Contracting Government has not complied with one or more of its obligations under this Schedule, on the basis of a conclusion in a review report, referred to in sub‑clause 35(3).
       (2) If the Authority makes a determination under sub‑clause 44(1) it must report that fact to the next meeting of the Ministerial Council.
       (3) The Authority may revoke a determination made under sub‑clause 44 (1) if it is satisfied that the circumstances which led to the determination no longer exist.

    45. Proposal for remedial action
       (1) The Authority must:
(a) upon making a determination under sub‑clause 43(1) or 44(1), consult with the relevant Contracting Government, with a view to remedying the situation leading to that determination; and
(b) include in the relevant report to the Ministerial Council, the Authority's proposal for remedying that situation.
       (2) The Authority must not act under subclause 45(1) unless it has first consulted the Committee.

    46. Action by a Contracting Government
A Contracting Government which has been the subject of a report made by the Authority to the Ministerial Council under either paragraph 43(2)(b) or sub‑clause 44(2), must:
(a) give a report to the next meeting of the Ministerial Council, setting out:
              (i) an explanation of the circumstances leading to the Authority's determination; and
              (ii) what action the Government has taken, or proposes to take, to remedy that situation; and
              (iii) if the circumstances leading to the Authority's determination were a situation referred to in paragraph 44(1)(a), how long the Government predicts it will be before that Government complies with paragraph 16(1)(b); and
(b) report annually thereafter to the Ministerial Council on the action it has taken, or proposes to take, to remedy the situation, until:
              (i) in the case of a determination made under sub‑clause 43(1), the Authority is satisfied that the Government once more complies with paragraph 16(1)(a) and reports that fact to the Ministerial Council; or
              (ii) in the case of a determination made under sub‑clause 44(1), the Authority revokes that determination.
PART XI—FINANCE

    47. State Actions
       (1) Subject to subclauses 47(2) and (3), the cost of undertaking and monitoring a State Action must either:
(a) be met by the Contracting Government which undertakes it; or
(b) if