(1) The Minister may, by legislative instrument, declare a quality assurance activity described in the declaration to be a quality assurance activity to which this Part applies.
(2) A declaration may describe a quality assurance activity in any way, including any one or more of the following ways:
(a) by reference to the nature of the activity;
(b) by reference to a person who is engaging or proposes to engage in the activity;
(c) by reference to circumstances in which the activity is being, or is proposed to be, engaged in.
(3) The Minister must not make a declaration in respect of a quality assurance activity unless the Minister is satisfied that:
(a) any person who is engaging, or proposes to engage, in the activity is authorised to do so:
(i) under a law of the Commonwealth, of a State or of a Territory; or
(ii) by, or by an authority of, the Commonwealth, a State or a Territory; or
(iii) by a body that provides health care; or
(iv) by an educational institution; or
(v) by a body established wholly or partly for the purposes of research; or
(vi) by an association of health professionals; or
(vii) by any other prescribed body; and
(b) it is in the public interest, having regard to such criteria as are prescribed by the regulations, that this Part should apply to the activity.
(4) A declaration, unless sooner revoked, ceases to be in force at the end of 5 years after the instrument of declaration was signed, but this subsection does not prevent the Minister from making a further declaration in respect of the same activity.