(1) The Minister may by Order published in the Government Gazette—
(a) establish an industry training board; or
(b) declare any association incorporated under the Associations Incorporation Act 1981 or any company within the meaning of the Corporations Act that is taken to be registered in Victoria to be an industry training board—
in respect of the industry specified in the Order.
(2) In determining whether to make a declaration of an association or a company the Minister must consult with the Commission and consider—
(a) whether the functions, objects, purposes or powers of the association or company are similar to the functions set out in section 3.1.30 and the powers set out in section 3.1.31; and
(b) whether the membership of the governing body of the association or company includes persons with experience in the various aspects of the industry specified in the order including backgrounds as employers and as employees.