33GEMS determinations—consent of participating jurisdictions

#### 33 GEMS determinations—consent of participating jurisdictions (1) Before making a GEMS determination, the Minister must obtain consent to the terms of the determination: (a) if a method for obtaining the consent of participating jurisdictions is set out in the agreement (or agreements) referred to in subsection (3)—in accordance with that method; or (b) in any other case—from at least two‑thirds of the participating jurisdictions. > Note: For an exception to this rule, see subsection 36(3). (2) The Commonwealth is a participating jurisdiction for the purposes of this Act. (3) A State or Territory is a participating jurisdiction at a particular time for the purposes of this Act if: (a) the Commonwealth has agreed with the State or Territory that the State or Territory will be a participating jurisdiction for the purposes of this Act; and (b) the State or Territory remains a participating jurisdiction for the purposes of this Act at that time, in accordance with the agreement.