Document ID: chunk:federal_register_of_legislation:C2024C00224:section:43:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 43 (pt 2/3)
Character Range: 273555–276585

36C(5B), 41(5) and 42(5B); and
 (k) if the alternative provisions allow a Minister to make a determination in relation to the act in circumstances other than those covered in paragraph (i)—provide for those circumstances to be similar to those set out in section 36A and for requirements similar to those in sections 36B and 36C to apply.

Effect of including conjunctive agreement/determination provisions and expedited procedure provisions
 (2A) If the only reason for the Commonwealth Minister not being of the opinion that the alternative provisions comply with subsection (2) is that they include conjunctive agreement/determination provisions or expedited procedure provisions (see subsection (5)), the alternative provisions nevertheless comply with subsection (2).

Revocation of determination
 (3) If at any time the alternative provisions are amended so that they no longer comply with subsection (2), the Commonwealth Minister must:
 (a) advise the State Minister or the Territory Minister concerned in writing of the fact; and
 (b) if, at the end of 180 days after doing so, the alternative provisions do not comply and subparagraphs (c)(i) and (ii) do not apply—by legislative instrument, revoke the determination made under paragraph (1)(b); and
 (c) if:
 (i) at the end of 180 days after advising the State Minister or Territory Minister, the alternative provisions do not comply and the Commonwealth Minister is satisfied that the State Minister or the Territory Minister is using his or her best endeavours to ensure that the alternative provisions will comply; and
 (ii) before the end of the 180 days, the Commonwealth Minister determined, by legislative instrument, that a further period should apply for the purposes of this paragraph; and
 (iii) at the end of the further period, the alternative provisions still do not comply;
  by legislative instrument, revoke the determination made under paragraph (1)(b).
 (3A) If, at any time, the alternative provisions cease to have ongoing effect, the Commonwealth Minister must, by legislative instrument, revoke the determination made under paragraph (1)(b).

Regulations to make transitional provisions
 (4) The regulations may prescribe any modifications of this Act that are necessary to deal with transitional matters arising from the making, amendment or revocation of determinations under this section.

Meaning of certain expressions
 (5) In this section:
conjunctive agreement/determination provisions means provisions that:
 (a) are included in alternative provisions; and
 (b) in the opinion of the Commonwealth Minister, have an effect, in combination with the other alternative provisions, that is similar to the effect that subsection 26D(2) of this Act has in combination with the other provisions of this Subdivision.
expedited procedure provisions means provisions that:
 (a) are included in alternative provisions; and
 (b) in the opinion of the Commonwealth Minister, have an effect, in combination with the other alternative provisions, that is