Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if the Minister:
(a) is proposing to make National Disability Insurance Scheme rules for the purposes of section 32K or 32L; and
(b) considers that the rules do not have any substantial financial or policy implications for the National Disability Insurance Scheme.
(2) The Minister may, instead of complying with subsection 209A(1):
(a) give a notice in writing to the Disability Minister for each host jurisdiction that the Minister:
(i) is proposing to make the rules; and
(ii) considers that the rules do not have any substantial financial or policy implications for the National Disability Insurance Scheme; and
(b) provide a copy of the proposed rules to that Disability Minister.
(3) The Disability Minister for a host jurisdiction may, before the end of 7 days after the day the notice is given, give the Minister and each other Disability Minister for a host jurisdiction a notice in writing that that host jurisdiction does not agree to the making of the rules.
(4) A notice under subsection (3) must set out reasons why the host jurisdiction does not agree to the making of the rules.
(5) Those reasons must be given having regard to:
(a) the objects of this Act and the principles in section 4; and
(b) whether the rules have any substantial financial or policy implications for the National Disability Insurance Scheme.
(6) A notice under subsection (3) is taken:
(a) never to have been given if it does not comply with subsection (4); and
(b) not to have been invalidly given only because it does not comply with subsection (5).
(7) If no Disability Minister for a host jurisdiction gives a notice under subsection (3) in relation to the rules, then each host jurisdiction is taken to have agreed to the making of the rules.
(8) If the Disability Minister for a host jurisdiction gives the Minister a notice under subsection (3) before the end of the 7 - day period, the Minister may before the end of 7 days after the end of that period either:
(a) do both of the following:
(i) give a notice in writing to the Disability Minister for each host jurisdiction that the Minister is proposing to make a different version of the rules, if the Minister considers that the different version does not have any substantial financial or policy implications for the National Disability Insurance Scheme;
(ii) provide a copy of that different version to each of those Disability Ministers; or
(b) if the Minister is of the opinion that the dispute resolution process set out in section 209C should apply in relation to the rules--give a notice in writing stating that opinion to the Prime Minister and to each Disability Minister for a host jurisdiction.
(9) If the Minister gives notice, and provides a copy, of rules under paragraph (8)(a), then subsections (3) to (8) apply in relation to those rules as if notice of those rules had been given under paragraph (2)(a) and a copy of those rules had been provided under paragraph (2)(b).