163Meaning of funder of last resort

163  Meaning of funder of last resort  (1) A participating government institution is a funder of last resort for a defunct institution in relation to abuse of a person if a determination of the Operator to that effect is in force under paragraph 29(2)(i). Note: The Operator can only make that determination if the participating government institution and the defunct institution are equally responsible for the abuse and the defunct institution is listed for the jurisdiction that the government institution belongs to under section 164.  (2) A participating jurisdiction is a funder of last resort for an institution in relation to abuse of a person if a determination of the Operator to that effect is in force under paragraph 29(2)(k). Note: The Operator can only make that determination if the institution is listed for a participating jurisdiction under section 164A, 164B or 164C. 164  Listing defunct institutions—listing relating only to abuse for which participating government institution is equally responsible  (1) A defunct institution is listed for a participating jurisdiction under this section if:  (a) the defunct institution:  (i) is a non‑government institution; and  (ii) is not a participating institution; and  (b) a declaration that the defunct institution is listed for the jurisdiction is in force under subsection (2). Note: Listing under this section is relevant to paragraph 29(2)(i), which provides for the Operator to determine that, if a participating government institution is equally responsible with a listed defunct institution for abuse, the government institution is a funder of last resort for the defunct institution in relation to the abuse.  (2) The Minister may, by notifiable instrument, declare that a defunct institution is listed for one or more participating jurisdictions under this section. Note: A defunct institution may be identified by name, by inclusion in a particular class, or in any other way.  (3) The Minister must not make a declaration under subsection (2) listing a defunct institution for the Commonwealth or a participating Territory unless the Minister is satisfied that the relevant jurisdiction has agreed, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section.  (4) The Minister must not make a declaration under subsection (2) listing a defunct institution for a participating State unless the Minister is satisfied that the State has agreed, in a way provided for in the State’s referral Act or adoption Act, to the institution being listed for the State under this section.  (a) a declaration is made under subsection (2) that a defunct institution is listed for the Commonwealth or a participating Territory; and  (b) the jurisdiction withdraws its agreement, in the way (if any) prescribed by the rules, to the defunct institution being listed for the jurisdiction under this section; then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the defunct institution is no longer listed for the jurisdiction under this section.  (a) a declaration is made under subsection (2) that a defunct institution is listed for a participating State; and  (b) the State withdraws its agreement, in a way provided for in the State’s referral Act or adoption Act, to the defunct institution being listed for the State under this section; then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the defunct institution is no longer listed for the State under this section. 164A  Listing defunct institutions—listing relating to abuse for which participating government institution is not equally responsible  (1) A defunct institution is listed for a participating jurisdiction under this section if:  (c) a declaration that the institution is listed for the participating jurisdiction is in force under subsection (2). Note: Listing under this section is relevant to paragraphs 29(2)(j) to (m), which provide for the Operator to determine that a participating jurisdiction is a funder of last resort for a defunct institution that is responsible for abuse. Those paragraphs do not apply if a participating government institution is equally responsible for the abuse (unlike paragraph 29(2)(i)).  (2) The Minister may, by notifiable instrument, declare that a defunct institution is listed for one or more participating jurisdictions under this section.  (3) The Minister must not make a declaration under subsection (2) listing a defunct institution for the Commonwealth or a participating Territory unless the Minister is satisfied that the relevant jurisdiction has agreed, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section.  (4) The Minister must not make a declaration under subsection (2) listing a defunct institution for a participating State unless the Minister is satisfied that the State has agreed, in a way provided for in the State’s referral Act or adoption Act, to the institution being listed for the State under this section.  (a) a declaration is made under subsection (2) that a defunct institution is listed for the Commonwealth or a participating Territory; and  (b) the jurisdiction withdraws its agreement, in the way (if any) prescribed by the rules, to the defunct institution being listed for the jurisdiction under this section; then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the defunct institution is no longer listed for the jurisdiction under this section.  (a) a declaration is made under subsection (2) that a defunct institution is listed for a participating State; and  (b) the State withdraws its agreement, in a way provided for in the State’s referral Act or adoption Act, to the defunct institution being listed for the State under this section; then, as soon as is practicable, the Minister must, by notifiable instrument, vary or revoke the declaration so that the defunct institution is no longer listed for the State under this section.