Minister may give directions to Authority
175 Minister may give directions to Authority
The Minister may give directions, which must be consistent with the objects of this Act, to the Authority about the performance of the Authority’s functions.
Other provisions enable the Minister to give directions about particular matters (for example, see subparagraphs 44(3)(b)(ii) and 48(3)(b)(ii) and subsection 49AA(1)). Those other powers to give directions may be subject to limitations.
However, the Authority is not subject to direction under subsection (1) in relation to any of the following:
a determination by the Authority under paragraph 83(2)(b);
its powers under Division 3 (information gathering) of Part 10;
the performance of a function that is conferred under Part 1A or 2A.
The Authority must comply with a direction under subsection (1).
A direction made under subsection (1) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the direction.
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