655How responsible Ministers exercise functions

655 How responsible Ministers exercise functions

655 How responsible Ministers exercise functions

(1) The responsible Ministers are to give a direction or approval, or make a recommendation, request or decision, for the purposes of a provision of this Law by a resolution passed by the responsible Ministers in accordance with the procedures decided by the responsible Ministers.

(2) Subsection (1) applies subject to the following—

(a) subsection (3);

(b) a provision of this Law that provides how a direction or approval must be given, or a recommendation, request or decision must be made, by the responsible Ministers, including, for example, a provision that provides that a recommendation by the responsible Ministers must be unanimous.

(3) The Commonwealth responsible Minister may decide whether or not to participate in the exercise of a function given to the responsible Ministers under this Law and, if the Commonwealth responsible Minister decides not to participate, the following apply in relation to the exercise of the function—

(a) a reference in this Law to the responsible Ministers is taken to be a reference to a group of Ministers consisting of the responsible Minister for each participating jurisdiction;

(b) a direction, approval, recommendation, request or decision by the responsible Ministers is taken to be unanimous if the responsible Minister for each participating jurisdiction agrees with the direction, approval, recommendation, request or decision.

(4) An act or thing done by the responsible Ministers (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Ministers comprising the responsible Ministers.