164CListing non‑defunct institutions other than partly‑participating institutions

164C  Listing non‑defunct institutions other than partly‑participating institutions  (1) An institution is listed for a participating jurisdiction under this section if:  (c) the institution is not a defunct institution; and  (d) a declaration that the institution is listed for the participating jurisdiction is in force under subsection (2). Note 1: 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 an institution that is responsible for abuse. Note 2: Listing under this section does not make an institution a partly‑participating institution (unlike listing under section 164B). An institution that is not a participating institution and not a partly‑participating institution cannot be required to provide a person with a direct personal response.  (2) The Minister may, by notifiable instrument, declare that an institution (other than 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 an institution for the Commonwealth or a participating Territory unless the Minister is satisfied that:  (a) 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; and  (b) if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would not be discharged; and  (i) the institution has not agreed to be listed for the participating jurisdiction under section 164B; or  (ii) the institution cannot be so listed because of paragraph 164B(3)(d); and  (d) exceptional circumstances justify the institution being listed for the jurisdiction under this section.  (4) The Minister must not make a declaration under subsection (2) listing an institution for a participating State unless the Minister is satisfied that:  (a) 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; and  (b) if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would not be discharged; and  (i) the institution has not agreed to be listed for the participating jurisdiction under section 164B; or  (ii) the institution cannot be so listed because of paragraph 164B(4)(d); and  (d) exceptional circumstances justify the institution being listed for the jurisdiction under this section.  (a) a declaration is made under subsection (2) that an institution is listed for the Commonwealth or a participating Territory; and  (i) the jurisdiction withdraws its agreement, in the way (if any) prescribed by the rules, to the institution being listed for the jurisdiction under this section;  (ii) the Minister becomes satisfied that, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would be discharged;  (iii) the Minister becomes satisfied that the institution has agreed to be listed for the participating jurisdiction under section 164B and paragraph 164B(3)(d) does not prevent that listing;  (iv) the Minister becomes satisfied that exceptional circumstances no longer justify the 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 institution is no longer listed for the jurisdiction under this section.  (a) a declaration is made under subsection (2) that an institution is listed for a participating State; and  (i) the State withdraws its agreement, 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;  (ii) the Minister becomes satisfied that, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would be discharged;  (iii) the Minister becomes satisfied that the institution has agreed to be listed for the participating jurisdiction under section 164B and paragraph 164B(4)(d) does not prevent that listing;  (iv) the Minister becomes satisfied that exceptional circumstances no longer justify the 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 institution is no longer listed for the State under this section.  (8) If a declaration under subsection (2) that an institution is listed for a participating jurisdiction is in force, the Minister must, at least every 12 months, consider whether, if the institution were declared to be a participating institution under subsection 115(2), its liabilities under this Act, and its obligations under section 54 (relating to providing direct personal responses), would be discharged.