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JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2008 No. 59 - SECT 108

108 Insertion of new ss 18A and 18B

Part 2, division 1, after section 18--

insert--

'(1) On gazettal of an instrument revoking a scheme (other than an interstate scheme) that operates as a scheme of another jurisdiction, the Minister must cause notice of that fact to be given to the Minister administering the corresponding law of that jurisdiction.

'(2) On receipt of notice that an interstate scheme has been revoked under the corresponding law of the jurisdiction in which it was prepared, the Minister must cause a notice to that effect to be gazetted.

Note--
Under section 33(1B), an interstate scheme will cease to have effect in this jurisdiction when it ceases to have effect in the other jurisdiction.'.

'(1) The council may, on the application of an occupational association, prepare an instrument terminating, in relation to this jurisdiction, the operation of an interstate scheme that relates to the members of the association.

'(2) The Minister may, by signed notice to the council, direct the council to prepare an instrument terminating the operation of an interstate scheme in relation to the jurisdiction.

'(3) The council must comply with the direction but may, on its own initiative, at any time while an interstate scheme remains in force, prepare an instrument terminating the operation of the scheme in relation to this jurisdiction.

'(4) Sections 9 to 14 (other than section 13(2)) apply, with necessary changes, to the termination of the operation of an interstate scheme under an instrument under this section.

'(5) The operation of an interstate scheme in relation to which an instrument under this section is gazetted under section 14 (as applied by subsection (4)) is terminated, in relation to this jurisdiction, as from--

(a) if the instrument states a day for the termination happening after the notice mentioned in section 14 is gazetted--that day; or
(b) if no day is stated--2 months after the day the notice is gazetted.

'(6) An interstate scheme can not be terminated before the notice is gazetted.'.



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