Document ID: chunk:federal_register_of_legislation:C2024C00613:section:29:p3
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 29 (pt 3/4)
Character Range: 68261–71156

declaration of the participating group under subsection 134(1) that is in force at that time.
Note 3: Paragraph (i)—only defunct institutions that are both non‑government institutions and not participating institutions can be listed under section 164 (see subsection 164(1)).
Note 4: Paragraph (i)—if the Operator determines that one or more participating government institutions are a funder of last resort for a defunct institution under paragraph (i), then those participating government institutions will be liable to pay the defunct institution's (hypothetical) share of the costs of providing redress to the person (see section 165). Those costs are in addition to the participating government institution's own share of the costs for providing redress to the person.
Note 5: Paragraph (j)—only institutions that are both non‑government institutions and not participating institutions can be listed under section 164A, 164B or 164C (see subsections 164A(1), 164B(1) and 164C(1)).
Note 6: Paragraphs (k) and (l)—if the Operator determines that one or more participating jurisdictions are a funder of last resort for an institution under paragraph (k), then those participating jurisdictions (and the Commonwealth) will be liable to pay the institution's (hypothetical) share of the costs of providing redress to the person (see section 165A).
Note 7: Paragraph (l)—the amount of the Commonwealth's share of the costs of the redress payment for the person is determined under subparagraph (c)(iii).
Note 8: For the funder of last resort provisions, see Part 6‑2.

Determination not to approve application
 (3) Otherwise, the Operator must make a determination not to approve the application.

Revoking a determination
 (4) The rules may require or permit the Operator to revoke, under this subsection, a determination made under subsection (2) or (3).
Note: A provision of this Act may also require or permit the Operator to revoke a determination made under subsection (2) or (3) (see, for example, paragraph 71S(3)(d) and subsection 71S(4)).
 (5) However, the Operator cannot revoke a determination made under subsection (2) if:
 (a) the person has been given an offer of redress; and
 (b) the person has accepted the offer in accordance with section 42.
 (6) If the Operator revokes a determination made under subsection (2) or (3) (including under paragraph 71S(3)(d) or subsection 71S(4)), then:
 (a) every determination made under subsection (2) or (3) is taken never to have been made; and
 (b) if the person has been given an offer of redress but has not accepted or declined the offer—the offer is taken to be withdrawn; and
 (c) if the person has made an application for review of the determination—the review application is taken to be withdrawn; and
 (d) the Operator may make further requests under section 24 or 25 for information relating to the person's application.
 (7) The