Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_36a
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 36A
Character Range: 180113–181982

36A  Ministerial determination if arbitral body determination delayed

Relevant Minister may make determination

 (1) If:
 (a) the arbitral body has not made a determination in relation to the act within the period specified in a notice under subsection 36(4); and
 (b) no agreement of the kind mentioned in paragraph 31(1)(b) has been made in relation to the act; and
 (d) the requirements of section 36B are met;
the relevant Minister may, subject to this section, make a determination in relation to the act.

Requirement for State/Territory Minister to consult before making determination

 (1A) If:
 (a) the relevant Minister is a State Minister or a Territory Minister; and
 (b) the determination is that the act may be done or may be done subject to conditions to be complied with by any of the parties;
the relevant Minister may only make the determination after he or she has consulted the Commonwealth Minister about the determination.

Criteria for making determination

 (2) The relevant Minister may only make the determination if the relevant Minister considers that:
 (a) a determination under section 38 is unlikely to be made within a period that is reasonable having regard to all the circumstances; and
 (b) if the relevant Minister is a State Minister or a Territory Minister—it is in the interests of the State or Territory to make the determination at the time; and
 (c) if the relevant Minister is the Commonwealth Minister—it is in:
 (i) in any case—the national interest; and
 (ii) if the act concerned is an act attributable to a State or Territory—the interests of the State or Territory;
  to make the determination at the time.

Relevant Minister may consider other matters

 (3) Subsection (2) does not prevent the relevant Minister from having regard to other matters in deciding whether to make a determination under this section.