Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:1_209a:p1
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 1 cl 209A (pt 1/2)
Character Range: 112712–115289

209A  Process for seeking agreement to Category A rules—normal process
 (1) In seeking the agreement of a host jurisdiction for the purposes of section 209 to the making of Category A National Disability Insurance Scheme rules, the Minister must (subject to subsection 209B(2)):
 (a) give a notice in writing to the Disability Minister for that host jurisdiction seeking the agreement of that host jurisdiction to the making of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice is given; and
 (b) provide a copy of the proposed rules to that Disability Minister.
 (2) The Disability Minister for a host jurisdiction may, before the end of the 14‑day period, give the Minister and each other Disability Minister for a host jurisdiction:
 (a) a notice in writing that that host jurisdiction agrees to the making of the rules; or
 (b) a notice in writing that that host jurisdiction does not agree to the making of the rules.
 (3) A notice under paragraph (2)(b) must set out reasons why the host jurisdiction does not agree to the making of the rules.
 (4) Those reasons must be given having regard to the objects of this Act and the principles in section 4.
 (5) A notice under paragraph (2)(b) is taken:
 (a) never to have been given if it does not comply with subsection (3); and
 (b) not to have been invalidly given only because it does not comply with subsection (4).
 (6) If the Disability Minister for a host jurisdiction does not, before the end of the 14‑day period, inform the Minister whether the host jurisdiction agrees to the making of the rules, then the host jurisdiction is taken to have agreed to the making of the rules.
 (7) If the Disability Minister for a host jurisdiction gives the Minister a notice under paragraph (2)(b) before the end of the 14‑day period, the Minister may before the end of 7 days after the end of that period either:
 (a) do both of the following:
 (i) give a notice in writing to the Disability Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the making of a different version of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice under this subparagraph is given;
 (ii) provide a copy of that different version to each of those Disability Ministers; or
 (b) if the Minister is of the opinion that the dispute resolution process set out in section 209C should apply in relation to the rules—give a notice in writing stating that opinion to the Prime Minister and to each Disability