(1) If VCAT does not determine a matter in respect of which a request has been given under section 59 within the time specified in the request, the Minister may determine the matter.
(2) The Minister must not make a determination under subsection (1) unless the Minister is satisfied that—
(a) having regard to all the circumstances, VCAT is unlikely to determine the matter within a reasonable period; and
(b) it is in the interests of the State for the Minister to make the determination.
(3) The Minister must not make a determination in the matter that VCAT would not be able to make under Subdivision 2.