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C. Approval processes and basic requirements

Legislative background: Part 6 of the Act sets out the process by which the Minister may approve authorities and bodies. Sections 72-81 set out the approval process and requirements for approved authorities. Sections 82-88 set out the approval process and requirements for block grant authorities. Sections 89-96 set out the approval process and requirements for non-government representative bodies.

Section 130(2)(b) provides for regulations to be made relating to matters that the Minister may have regard to in making a decision regarding whether to approve one of the above bodies and whether they meet their continuing requirements for approval.

Regulation 26 sets out the matters the Minister may regard in relation to the not-for-profit requirements for authorities and bodies. Regulation 27 sets out the matters the Minister may regard in relation to the financial viability requirements. Regulation 28 sets out the matters the Minister may regard relating to the 'fit-and-proper person' requirement.

Under the Act, the decision to approve authorities and bodies is made by the Minister.

Part C.1 Approval process for new authorities and bodies sets out the processes required for:

In making a decision about an application for approval, the Minister must have regard to whether or not the applicant is able to meet the basic requirements set out in the Act and Regulation. These requirements are explained in C.2 Basic requirements for authorities and bodies.

An applicant seeking approval as an approved authority must:

An applicant seeking approval as a block grant authority or non-government representative body must: