Document ID: chunk:federal_register_of_legislation:C2024C00494:section:55
Version: federal_register_of_legislation:C2024C00494
Segment Type: section
Provision Reference: s 55
Character Range: 64461–66142

55  Disapplication of Division 5 of Part 2
 (1) Division 5 of Part 2 does not apply to a public body of a State or Territory if a declaration made under subsection (2) is in force in relation to the body.
 (2) The Commonwealth Minister may, in writing, declare that Division 5 of Part 2 does not apply to a public body of a State or Territory if:
 (a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to make the declaration; and
 (b) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is in force in the State or Territory and the law applies to the body; and
 (c) the Ministerial Council agrees to the making of the declaration.
 (3) The Commonwealth Minister may, in writing, revoke a declaration made under subsection (2) in relation to a public body of a State or Territory if:
 (a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to do so; or
 (b) both of the following apply:
 (i) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is no longer in force in the State or Territory or no longer applies to the body;
 (ii) the Ministerial Council agrees to the revocation of the declaration.
 (4) A declaration under subsection (2), and a revocation of a declaration under subsection (3), are legislative instruments.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 54(1) of that Act.