Document ID: chunk:federal_register_of_legislation:C2024C00613:section:120
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 120
Character Range: 246362–248069

120  Ceasing to be the representative for a defunct non‑government institution
 (1) The Minister may, by notifiable instrument, vary or revoke a declaration made under section 119 in relation to a representative for a defunct non‑government institution.
 (2) If:
 (a) the representative for a defunct institution requests the Minister in writing to revoke the declaration made under section 119 in relation to the representative; and
 (b) any requirements prescribed by the rules in relation to the person ceasing to be the representative are satisfied;
then the Minister must, by notifiable instrument, revoke the declaration made under section 119 as soon as practicable.
Note: If a participating defunct non‑government institution does not have a representative, then the Minister must revoke the declaration made under subsection 115(2) that the defunct institution is a participating institution (see subsection 116(4)).
 (3) Despite subsections (1) and (2), the Minister must not vary or revoke a declaration made under section 119 in relation to an institution unless any requirements prescribed by the rules in relation to the variation or revocation are satisfied.
 (4) If:
 (a) the Minister revokes a declaration made under subsection 115(2) in relation to a defunct institution; but
 (b) because of subsection 116(7), the institution continues to be a participating institution in relation to a person who made an application for redress before the revocation;
then the representative for the institution continues to be the representative for the institution in relation to the person (even if the declaration made under section 119 for the representative has been revoked under this section).