10Minister may give directions

#### 10 Minister may give directions (1) Subject to subsection (2), the Minister may give written directions to the APVMA concerning the performance of its functions or the exercise of its powers, and the APVMA must comply with any such direction. (2) The Minister must not give a direction to the APVMA unless: (a) the Minister is satisfied that it is necessary to give the direction to the APVMA in order to ensure that, in performing its functions, or exercising its powers, the APVMA complies with policies referred to in section 9A; and (b) the Minister has given to the APVMA a written notice stating that the Minister is considering giving the direction; and (c) the Minister has given to the Board an adequate opportunity to discuss with the Minister the need for the proposed direction. (3) Subject to subsection (4), if the Minister gives a direction to the APVMA, the Minister must: (a) cause a notice setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; and (b) cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette. (4) Subsection (3) does not apply in relation to a particular direction if the Minister determines, in writing, that compliance with the subsection is undesirable because it would, or would be likely to, be prejudicial to the national interest of Australia. (5) A direction under subsection (1) is not a legislative instrument.