Document ID: chunk:federal_register_of_legislation:C2024C00613:section:134
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 134
Character Range: 256816–258492

134  Institutions becoming members of a participating group
 (1) The Minister may, by notifiable instrument, declare that 2 or more participating institutions form a participating group.
 (2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:
 (a) for a group of Commonwealth institutions—the Commonwealth has agreed to each Commonwealth institution being a member of the group; and
 (b) for a group of State institutions—the participating State has agreed, in a way provided for in the State's referral Act or adoption Act, to each State institution being a member of the group; and
 (c) for a group of Territory institutions—the participating Territory has agreed to each Territory institution being a member of the group; and
 (d) for a group of non‑government institutions:
 (i) each institution has agreed to be a member of the group and to each other institution being a member of the group; and
 (ii) there is a sufficient connection between each institution in the group; and
 (e) in all cases:
 (i) each institution is not a member of another participating group; and
 (ii) there is a representative for the group (see subsection 136(1)); and
 (iii) any other requirements prescribed by the rules are satisfied.
Note: For how the agreement of the Commonwealth, a participating Territory, an institution or a person is given, see section 186.
 (3) If:
 (a) a State or Territory has agreed to a State institution or Territory institution being a member of a participating group; and
 (b) the institution is a body corporate;
then the institution is taken to have also agreed to be a member of the participating group.