115Institutions becoming participating institutions

115  Institutions becoming participating institutions  (1) An institution becomes a participating institution if the Minister makes a declaration under subsection (2) in relation to the institution.  (2) The Minister may, by notifiable instrument, declare that an institution is a participating institution. Note 1: An institution may be identified by name, by inclusion in a particular class, or in any other way. Note 2: The Minister need not make a declaration under this subsection for a Commonwealth institution because all Commonwealth institutions are participating institutions automatically (see section 108).  (3) The Minister must not make a declaration under subsection (2) unless the Minister is satisfied that:  (a) for a State institution—the participating State has agreed, in a way provided for in the State’s referral Act or adoption Act, to the institution participating in the scheme; and  (b) for a Territory institution—the participating Territory has agreed to the institution participating in the scheme; and  (c) for a non‑government institution (other than a defunct institution or an unincorporated lone institution)—the institution has agreed to participate in the scheme; and  (d) for a non‑government institution that is a defunct institution—a person has agreed:  (i) to the defunct institution participating in the scheme; and  (ii) to be the representative for the defunct institution; and  (e) for a non‑government institution that is an unincorporated lone institution:  (i) the institution has agreed to participate in the scheme; and  (ii) the institution has agreed to a person being the representative for the institution; and  (iii) the person has agreed to being the representative for the institution; and  (f) in all cases—any requirements prescribed by the rules are satisfied. Note 1: For how the agreement of a participating Territory, an institution or a person is given, see section 186. Note 2: For representatives for defunct institutions and lone institutions, see Divisions 4 and 5.  (4) The Minister must not make a declaration under subsection (2) in relation to an institution after:  (a) the second anniversary of the scheme start day; or  (b) a later day prescribed by the rules; unless the institution is a defunct institution.  (a) a State or Territory has agreed to a State institution or Territory institution participating in the scheme; and  (b) the institution is a body corporate; then the institution is taken to have also agreed to participate in the scheme.