209CDispute resolution process for Category A rules

#### 209C Dispute resolution process for Category A rules (1) This section sets out a dispute resolution process for the making of Category A National Disability Insurance Scheme rules. (2) The Prime Minister may, within 14 days after the day on which the Prime Minister is given a notice under paragraph 209A(7)(b) or 209B(8)(b) in relation to proposed Category A National Disability Insurance Scheme rules: (a) give a notice in writing to the First Minister of each host jurisdiction seeking the agreement of that host jurisdiction to the making of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice under this paragraph is given; and (b) provide a copy of the proposed rules to each First Minister. (3) The First Minister for a host jurisdiction may, before the end of the 14‑day period, give the Prime Minister and each other First Minister for a host jurisdiction: (a) a notice in writing that that host jurisdiction agrees to the making of the rules; or (b) a notice in writing that that host jurisdiction does not agree to the making of the rules. (4) A notice under paragraph (3)(b) must set out reasons why the host jurisdiction does not agree to the making of the rules. (5) Those reasons must be given having regard to: (a) the objects of this Act and the principles in section 4; and (b) if notice was given under paragraph 209B(2)(a) or subparagraph 209B(8)(a)(i) in relation to the rules—whether the rules have any substantial financial or policy implications for the National Disability Insurance Scheme. (6) A notice under paragraph (3)(b) is taken: (a) never to have been given if it does not comply with subsection (4); and (b) not to have been invalidly given only because it does not comply with subsection (5). (7) If the First Minister for a host jurisdiction does not, before the end of the 14‑day period, give the Prime Minister a notice under paragraph (3)(a) or (b), then the First Minister is taken for the purposes of subsections (8) and (9) to have given the Prime Minister a notice under paragraph (3)(a) that the host jurisdiction agrees to the making of the rules. (8) Each host jurisdiction is taken to have agreed to the making of the rules if a majority of the First Ministers of the host jurisdictions give the Prime Minister a notice under paragraph (3)(a) in relation to the rules before the end of the 14‑day period. (9) If a majority of the First Ministers of the host jurisdictions do not give the Prime Minister notices under paragraph (3)(a) in relation to the rules before the end of the 14‑day period, the Prime Minister may, before the end of 7 days after the end of the 14‑day period: (a) give a notice in writing to the First Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the making of a different version of the rules and requesting the agreement be given before the end of 14 days beginning on the day the notice under this paragraph is given; and (b) provide a copy of that different version to each of those First Ministers. (10) If the Prime Minister gives notice, and provides a copy, of rules under paragraphs (9)(a) and (b), then subsections (3) to (9) apply in relation to those rules as if: (a) notice of those rules had been given under paragraph (2)(a) and a copy of those rules had been provided under paragraph (2)(b); and (b) the 14‑day period for the purposes of those subsections were the 14‑day period mentioned in paragraph (9)(a).