Document ID: chunk:federal_register_of_legislation:C2024C00639:section:85:p1
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 85 (pt 1/2)
Character Range: 126392–129124

85  Approving co‑regulatory arrangements—decision

Minister to approve or refuse to approve arrangement
 (1) The Minister must, on application under section 84, either:
 (a) approve the co‑regulatory arrangement in relation to the product to which the arrangement relates; or
 (b) refuse to approve the co‑regulatory arrangement in relation to the product.
Note: A decision to refuse to approve an arrangement in relation to the product is a reviewable decision (see section 151) and the Minister must give the applicant written notice of the decision (see section 152).

When Minister must refuse to approve arrangement
 (2) The Minister must refuse to approve a co‑regulatory arrangement in relation to the product if the Minister is satisfied that:
 (a) a condition in subsection (3) is not satisfied in relation to the arrangement; or
 (b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 79 for the product; or
 (c) the arrangement does not adequately deal with any matters specified for the product in rules made for the purposes of section 80; or
 (d) the administrator is not a fit and proper person; or
 (e) it is not in the public interest to approve the arrangement.
Note: The Minister must have regard to the matters in section 175 in considering whether the administrator is a fit and proper person for the purposes of paragraph (d).
 (3) The conditions are as follows:
 (a) the arrangement is designed to achieve the outcomes specified under section 79 in relation to a product;
 (b) the arrangement deals with the matters prescribed by rules (if any) made for the purposes of section 80 in relation to that product;
 (c) the arrangement provides for there to be one or more members of the arrangement;
 (d) only a liable party may, under the arrangement, be a member of the arrangement;
 (e) the arrangement provides for there to be a person (the administrator) who:
 (i) is responsible for ensuring the outcomes referred to in paragraph (a) are achieved; and
 (ii) may also be a member of the arrangement;
 (f) the administrator is a body corporate.

Public interest
 (4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the co‑regulatory arrangement, the Minister:
 (a) must have regard to the objects of this Act; and
 (b) may have regard to any other matter.

When Minister may refuse to approve arrangement
 (5) The Minister may refuse to approve a co‑regulatory arrangement in relation to the product if:
 (a) the applicant has not given the Minister further information or documents within the period specified in a request made under section 174 in relation to the application; or
 (b) the information or a document