39Minister may declare bodies to be recipient bodies

39 Minister may declare bodies to be recipient bodies

(1) The Minister may, by writing, declare a body to be a recipient body. The recipient body must be one that is prescribed by the rules for the purposes of this subsection. (2) The rules may make provision in relation to the declaration of bodies as recipient bodies. (3) The Minister must not make a declaration under subsection (1) in relation to a body unless: (a) the body is registered as a company under the Corporations Act 2001; and (b) there is a funding agreement in force between the Commonwealth and the body; and (c) the Minister is satisfied that, if the body is so declared, the body will comply with its obligations under: (i) that funding agreement; and (ii) this Act; and (d) the Minister is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are satisfied. When declaration takes effect (4) A declaration under subsection (1) takes effect on the day specified in the declaration, which must not be earlier than the day the declaration is made. Copy of declaration to be given to body (5) The Minister must give a body covered by a declaration under subsection (1) a copy of the declaration. Publication (6) The Minister must cause a copy of a declaration under subsection (1) to be published on the Department’s website. Tabling in Parliament (7) The Minister must cause a copy of a declaration under subsection (1) to be tabled in each House of the Parliament within 5 sitting days of that House after the day on which the declaration is made. Declaration not a legislative instrument (8) A declaration under subsection (1) is not a legislative instrument. List of declared recipient bodies (9) The Minister must, by notifiable instrument, publish a list of the declared recipient bodies.