9Meaning of eligible person

#### 9 Meaning of eligible person Eligible person (1) A person is an eligible person, for an arrangement or grant to be made under section 13, if: (a) in the case where the arrangement or grant is to be in relation to an eligible activity that is a regulated activity—the person: (i) holds a certificate of compliance for the regulated activity; or (ii) is covered by a determination, in force under subsection (2) of this section, for the regulated activity and the day specified in the determination has not occurred; and (b) the person is not subject to a banning order that is in force under section 73ZN of the NDIS Act; and (c) none of the members of the key personnel of the person is subject to a banning order that is in force under section 73ZN of the NDIS Act. Determination (2) The Secretary may, in writing, make a determination specifying a day by which a person must obtain a certificate of compliance for a regulated activity if the person has given written notice to the Secretary stating the person’s intention to seek and obtain such a certificate on or before that day. (3) The specified day must be no later than 15 months after the day on which the determination is made. (4) The Secretary may, in writing, vary the determination to specify a later day if the Minister has made an arrangement for the making of payments, or made a grant of financial assistance, to the person under section 13\. The later day must be no later than 15 months after the day on which the arrangement or grant was made. (5) A determination under subsection (2) is not a legislative instrument.