(1) Before making a GEMS determination, the Minister must obtain consent to the terms of the determination:
(a) if a method for obtaining the consent of participating jurisdictions is set out in the agreement (or agreements) referred to in subsection (3)--in accordance with that method; or
(b) in any other case--from at least two - thirds of the participating jurisdictions.
Note: For an exception to this rule, see subsection 36(3).
(2) The Commonwealth is a participating jurisdiction for the purposes of this Act.
(3) A State or Territory is a participating jurisdiction at a particular time for the purposes of this Act if:
(a) the Commonwealth has agreed with the State or Territory that the State or Territory will be a participating jurisdiction for the purposes of this Act; and
(b) the State or Territory remains a participating jurisdiction for the purposes of this Act at that time, in accordance with the agreement.