61Prerequisite for discretionary variation of declaration of participating group of non‑government institutions to add another member

#### 61 Prerequisite for discretionary variation of declaration of participating group of non‑government institutions to add another member (1) For the purposes of subsection 135(4) of the Act, the Minister must be satisfied of the matters in subsections (2), (3), (4) and (5) of this section before the Minister may vary a declaration that 2 or more participating institutions (the existing members) form a participating group of non‑government institutions so that the group is formed by the existing members and another non‑government institution (the proposed new member). Characteristics of the proposed new member (2) The proposed new member: (a) is a participating institution; and (b) has agreed in writing to: (i) the proposed new member being a member of the group; and (ii) the representative for the group continuing to be the representative for the group if the proposed new member becomes a member of the group; and (c) is not a member of another participating group. Agreement of the existing members and representative (3) Each of the existing members, and the representative for the group, has agreed in writing to the proposed new member being a member of the group. Agreements in a single document (4) All the agreements described in paragraph (2)(b) and subsection (3) are in a single document. Connection between group members (5) There is a sufficient connection between all of the following: (a) the existing members; (b) the proposed new member.