Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by notifiable instrument, declare that 2 or more participating institutions form a participating group.
(2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that:
(a) for a group of Commonwealth institutions--the Commonwealth has agreed to each Commonwealth institution being a member of the group; and
(b) for a group of State institutions--the participating State has agreed, in a way provided for in the State's referral Act or adoption Act, to each State institution being a member of the group; and
(c) for a group of Territory institutions--the participating Territory has agreed to each Territory institution being a member of the group; and
(d) for a group of non - government institutions:
(i) each institution has agreed to be a member of the group and to each other institution being a member of the group; and
(ii) there is a sufficient connection between each institution in the group; and
(e) in all cases:
(i) each institution is not a member of another participating group; and
(ii) there is a representative for the group (see subsection 136(1)); and
(iii) any other requirements prescribed by the rules are satisfied.
Note: For how the agreement of the Commonwealth, a participating Territory, an institution or a person is given, see section 186.
(3) If:
(a) a State or Territory has agreed to a State institution or Territory institution being a member of a participating group; and
(b) the institution is a body corporate;
then the institution is taken to have also agreed to be a member of the participating group.