Document ID: chunk:federal_register_of_legislation:C2024C00613:section:135
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 135
Character Range: 258492–260958

135  Institutions ceasing to be members of a participating group
 (1) The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection 134(1).
 (2) If:
 (a) a State requests the Minister in writing to vary or revoke a declaration made under subsection 134(1) in relation to a group of State institutions so that:
 (i) the group ceases to be a participating group; or
 (ii) a State institution ceases to be a member of the group; or
 (b) a participating Territory requests the Minister in writing to vary or revoke a declaration made under subsection 134(1) in relation to a group of Territory institutions so that:
 (i) the group ceases to be a participating group; or
 (ii) a Territory institution ceases to be a member of the group; or
 (c) all of the non‑government institutions that are members of a participating group request the Minister in writing to revoke a declaration made under subsection 134(1) in relation to the group so that it ceases to be a participating group; or
 (d) a participating non‑government institution that is a member of a participating group requests the Minister in writing to vary a declaration made under subsection 134(1) in relation to the institution so that it ceases to be a member of the group;
then the Minister must, by notifiable instrument, vary or revoke the declaration as requested as soon as practicable.
 (3) If a participating group of non‑government institutions ceases to have a representative for the group, then the Minister must revoke the declaration made under subsection 134(1) as soon as practicable.
 (4) Despite subsections (1), (2) and (3), the Minister must not vary or revoke a declaration made under subsection 134(1) in relation to a participating group unless any requirements prescribed by the rules relating to the variation or revocation are satisfied.
 (5) If:
 (a) the Minister revokes a declaration made under subsection 115(2) in relation to a participating institution that is a member of a participating group immediately before the revocation; 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 each of the associates of the institution continues to be an associate of the institution in relation to the person, as if the institution were still a member of the group.

Division 3—Representatives for participating groups