Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:1_15
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 13356–15756

15  Subsection 203AD(2)
Repeal the subsection, substitute:

When recognition takes effect

 (2) The recognition of the body as a representative body takes effect:
 (a) if the body is recognised under subsection (1)—on the day specified in the instrument of recognition; or
 (b) if the body is recognised under subsection (1A)—on 1 July 2007.

When recognition ceases to have effect

 (2A) If a body that is recognised under subsection (1) as the representative body for a transitionally affected area is to be recognised under subsection (1A) as the representative body for the area:
 (a) the body's recognition under subsection (1) ceases to have effect at the end of 30 June 2007; and
 (b) the body's recognition under subsection (1A) ceases to have effect at the end of the day specified in the instrument of recognition.

 (2B) If a body is recognised under subsection (1), and that recognition takes effect on or after 1 July 2007, that recognition ceases to have effect at the end of the day specified in the instrument of recognition.

 (2C) In any other case, the recognition of a body ceases to have effect at the end of 30 June 2007 or, if the body's recognition is earlier withdrawn under section 203AH, at the end of the day on which the withdrawal of the recognition takes effect.

Limits on the period of recognition

 (2D) However:
 (a) if the body applied for recognition on the basis of an invitation in which the period of recognition was specified—the period of recognition specified in the instrument of recognition must be for the period stated in the invitation; and
 (b) if the body applied for recognition on the basis of an invitation in which no period of recognition was specified—the period of recognition specified in the instrument of recognition must be:
 (i) unless subsection (2E) applies, of no less than 2 years; and
 (ii) of no more than 6 years.

 (2E) The period specified may be of less than 2 years, but no less than 1 year, if:
 (a) the body is under external administration; or
 (b) 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; or
 (c) the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).