Ministerial control
19 Ministerial control
The Corporation, in exercising its powers and performing its functions, is subject to the written lawful directions of the
Minister.
For the purposes of subsection (1), but without limiting the generality of the words lawful directions, a direction is not lawful if complying with it would necessarily result in a breach by the Corporation of a legally enforceable contract or agreement or of a commercial undertaking.
Where a direction of the Minister requires the Corporation to take an action or disclose information (or to have a corporation over which it has the necessary control take an action or discloses information) that, in the opinion of the Corporation, for good commercial reasons, should not be taken or be disclosed, the
Corporation is, in writing, to advise the Minister of its objection and the reasons for its objection.
If after receiving the Corporation's objections the Minister, in writing, confirms his or her direction to the Corporation, the
Minister is to give his or her reasons for so doing and the
Corporation is to comply with the direction.
The Minister is to cause a copy of each direction given by the
Minister to the Corporation (and all objections and reasons under subsection (3) and confirmations and reasons under subsection (4)) to be tabled in the Legislative Assembly within 6 sitting days of the
Assembly after it or they are given or made.
Where the Minister or the South Australian Minister considers a direction under this section is appropriate or required, he or she must consult the other Minister and, if both agree, the Minister is to give the direction.
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