Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:1_203af:p1
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 1 cl 203AF (pt 1/2)
Character Range: 19740–22514

203AF  Variation of adjoining areas

 (1) This section applies if the boundary of an area for which a body is the representative body adjoins the boundary of an area for which another body is the representative body.

Commonwealth Minister may vary areas

 (2) The Commonwealth Minister may, by legislative instrument, vary the areas for which each body is the representative body if the Commonwealth Minister is satisfied that, after the variation, the bodies will satisfactorily perform their functions in relation to their respective areas.

Variation on application by the bodies or on Commonwealth Minister's own initiative

 (3) The Commonwealth Minister may vary the areas:
 (a) on the joint application, in writing, of the bodies; or
 (b) on the Commonwealth Minister's own initiative.

Notice that variation of areas is being considered

 (4) The Commonwealth Minister may only vary the areas on his or her own initiative if, at least 60 days before deciding to vary the areas, the Commonwealth Minister:
 (a) notifies the bodies, in writing, that the variation is being considered; and
 (b) notifies the public in the determined way that the variation is being considered.

 (5) The notice to the bodies must:
 (a) identify the proposed variation; and
 (b) state the reasons why the Minister is considering varying the areas; and
 (c) invite the bodies to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the areas should be varied.
The period specified must not begin before the day on which the notice is given to the bodies, and must be a period of at least 60 days.

 (6) The notice to the public must invite the public to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the areas should be varied. The period specified must not begin before the day on which notice is given to the bodies in accordance with subsections (4) and (5), and must be a period of at least 60 days.

Consideration of reports etc.

 (7) In deciding whether to vary the areas, the Commonwealth Minister may consider the following:
 (a) any reports under section 203DF of audits or investigations of the bodies;
 (b) any reports under section 193X of the Aboriginal and Torres Strait Islander Act 2005 in relation to funding provided to the bodies under section 203C or 203FE of this Act;
 (c) any notices that the Secretary of the Department has given to the Commonwealth Minister under section 203F in relation to the bodies.

Commonwealth Minister's consideration of other matters unaffected

 (8) Subsection (7) does not limit any other matters that the Commonwealth Minister may take into account in deciding whether to vary the areas.

Consideration of submissions