32Aboriginal and Torres Strait Islander Land and Sea Future Fund Investment Mandate

32 Aboriginal and Torres Strait Islander Land and Sea Future Fund Investment Mandate

(1) The responsible Ministers may (subject to section 34) give the Future Fund Board written directions about the performance of its Aboriginal and Torres Strait Islander Land and Sea Future Fund investment functions, and must give at least one such direction.

Note 1: Aboriginal and Torres Strait Islander Land and Sea Future Fund investment function is defined in section 4.

Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) In giving a direction under subsection (1), the responsible Ministers must have regard to: (a) the need to maximise the return earned on the Aboriginal and Torres Strait Islander Land and Sea Future Fund over the long term, consistent with international best practice for institutional investment; and (b) the sustainability of payments required to be made under section 22; and (c) such other matters as the responsible Ministers consider relevant.

Note: Section 22 deals with annual payments.

(3) Directions under subsection (1) are to be known collectively as the Aboriginal and Torres Strait Islander Land and Sea Future Fund Investment Mandate. (4) Without limiting subsection (1), a direction under that subsection may set out the policies to be pursued by the Future Fund Board in relation to: (a) matters of risk and return; and (b) the allocation of financial assets. A policy relating to the allocation of financial assets must not be inconsistent with a policy relating to matters of risk and return. Relationship between directions and other provisions of this Act (5) A direction under subsection (1): (a) prevails over section 33 to the extent of any inconsistency; and (b) must not otherwise be inconsistent with this Act. When direction takes effect (6) A direction under subsection (1) must not take effect before the 15th day after the day on which it is given. Direction is a legislative instrument (8) A direction under subsection (1) is a legislative instrument.

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.