Document ID: chunk:federal_register_of_legislation:C2024C00480:section:35
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 35
Character Range: 70150–71981

35  Replacing GEMS determinations

Making replacement determinations
 (1) The Minister may:
 (a) by legislative instrument, revoke a GEMS determination (a revoked determination) that covers one or more product classes; and
 (b) make another GEMS determination in accordance with Division 2 that specifies that it replaces the revoked determination.
Note: A GEMS determination made as referred to in paragraph (b) is referred to in this Act as a replacement determination (see section 11).
 (2) The revoked determination ceases to be in force immediately before the replacement determination comes into force.
Note 1: For when a GEMS determination comes into force, see section 34.
Note 2: Product classes specified in the revoked determination will cease to be covered by it from the time it ceases to be in force.

Revoking GEMS determination without making replacement determination
 (3) The Minister may, by legislative instrument, revoke a GEMS determination without making a replacement determination, but only if the Minister has obtained consent to the revocation:
 (a) if a method for obtaining the consent of participating jurisdictions is set out in the agreement (or agreements) referred to in paragraph 33(3)(a)—in accordance with that method; or
 (b) in any other case—from at least two‑thirds of the participating jurisdictions.
 (4) A GEMS determination revoked under subsection (3) ceases to be in force at the time specified in the instrument of revocation.
Note: Product classes specified in the GEMS determination will cease to be covered by it from the time it ceases to be in force.

No other power to vary or revoke GEMS determination
 (5) Subsection 33(3) of the Acts Interpretation Act 1901 (which deals with the variation and revocation of instruments) does not apply in relation to a GEMS determination.