Control and direction of public corporations
6 Control and direction of public corporations
A public corporation—
is an instrumentality of the Crown and holds its property on behalf of the Crown; and
is subject to control and direction by its Minister.
A direction may not be given by the Minister under this section contrary to the provisions of another Act.
The corporation may not be directed by its Minister to do anything that would be beyond its powers as provided by its incorporating Act and any other Act.
A direction given by the Minister under this section must be in writing.
Subject to subsection (7), where the Minister gives a direction to a public corporation under this section—
the
Minister must cause the direction to be published—
by notice in the Gazette within 14 days after the direction was given;
and
by tabling the direction in both Houses of Parliament within six sitting days after its publication in the Gazette; and
the corporation must cause the direction to be published in its next annual report.
Where the corporation is of the opinion that a direction should not be published for the reason that its publication—
might detrimentally affect the corporation's commercial interests; or
might constitute breach of a duty of confidence; or
might prejudice an investigation of misconduct or possible misconduct, the corporation may advise the Minister of that opinion giving the reason for the opinion.
Where the Minister is satisfied that a direction should not be published for a reason referred to in subsection (6), the direction need not be published by the Minister or the corporation as required by subsection (5) but—
the
Minister must cause a copy of the direction to be presented to the
Economic and Finance Committee of the Parliament within 14 days after the direction was given; and
the corporation must cause a statement of the fact that the direction was given to be published in its next annual report.
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