Document ID: chunk:federal_register_of_legislation:C2024C00613:section:164b:p1
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 164B (pt 1/3)
Character Range: 295646–298550

164B  Listing partly‑participating institutions
 (1) An institution is listed for a participating jurisdiction under this section if:
 (a) the institution is a non‑government institution; and
 (b) the institution is not a participating institution; and
 (c) the institution is not a defunct institution; and
 (d) a declaration that the institution is listed for the participating jurisdiction is in force under subsection (2).
Note 1: Listing under this section is relevant to paragraphs 29(2)(j) to (m), which provide for the Operator to determine that a participating jurisdiction is a funder of last resort for an institution that is responsible for abuse.
Note 2: An institution listed under this section is a partly‑participating institution. A partly‑participating institution can (unlike an institution listed under section 164C):
(a) be requested to give information to the Operator under section 25; or
(b) be required to provide a person with a direct personal response.
 (2) The Minister may, by notifiable instrument, declare that an institution (other than a defunct institution) is listed for one or more participating jurisdictions under this section.
Note: An institution may be identified by name, by inclusion in a particular class, or in any other way.
 (3) The Minister must not make a declaration under subsection (2) listing an institution for the Commonwealth or a participating Territory unless the Minister is satisfied that:
 (a) the relevant jurisdiction has agreed, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section; and
 (b) the institution has agreed to being listed under this section; and
 (c) if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act would not be discharged; and
 (d) if the institution were listed under this section, its obligations under section 54 (relating to providing direct personal responses) would be discharged.
 (4) The Minister must not make a declaration under subsection (2) listing an institution for a participating State unless the Minister is satisfied that:
 (a) the State has agreed, in a way provided for in the State's referral Act or adoption Act, to the institution being listed for the State under this section; and
 (b) the institution has agreed to being listed under this section; and
 (c) if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act would not be discharged; and
 (d) if the institution were listed under this section, its obligations under section 54 (relating to providing direct personal responses) would be discharged.
 (5) The Minister may, by notifiable instrument, vary or revoke a declaration made under subsection (2).
 (6) If:
 (a) a declaration is made under subsection (2) that an institution is listed