55Disapplication of Division 5 of Part 2

55 Disapplication of Division 5 of Part 2

(1) Division 5 of Part 2, other than section 17 to the extent that it applies to schools identifiers and school identity management information, does not apply to a public body of a State or Territory if a declaration made under subsection (2) is in force in relation to the body. (2) The Commonwealth Minister may, in writing, make a declaration under this subsection in relation to a public body of a State or Territory if: (a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to make the declaration; and (b) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is in force in the State or Territory and the law applies to the body; and (c) if the body is a VET‑related body—the Ministerial Council agrees to the making of the declaration. (3) The Commonwealth Minister may, in writing, revoke a declaration made under subsection (2) in relation to a public body of a State or Territory if: (a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to do so; or (b) both of the following apply: (i) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is no longer in force in the State or Territory or no longer applies to the body; (ii) if the body is a VET‑related body—the Ministerial Council agrees to the revocation of the declaration. (4) A declaration under subsection (2), and a revocation of a declaration under subsection (3), are legislative instruments.

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 54(1) of that Act.