9Commissioner subject to control of Minister

9 Commissioner subject to control of Minister

(1)  [Section 9 Subsection (1) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] In the exercise of the powers conferred, and the performance of the functions imposed, on the Commissioner by or under this Act or any other Act, the Commissioner shall be subject to the control of the Minister.

(2)  [Section 9 Subsection (2) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] The Minister may, for the purpose of enabling him to exercise the control referred to in subsection (1) , from time to time give a direction in writing to the Commissioner and the Commissioner shall, subject to this section, exercise the powers conferred, and perform the functions imposed, on him by or under this Act or any other Act in accordance with any such direction.

(3)  [Section 9 Subsection (3) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] The Commissioner is not bound by a direction given under subsection (2) unless the direction is in writing and signed by the Minister.

(4)  The power conferred on the Minister by subsection (2) shall not be exercised so as to –

(a) [Section 9 Subsection (4) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] require the Commissioner to do anything that he is not empowered to do by this Act or any other Act;

(b) [Section 9 Subsection (4) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] prevent the Commissioner from performing any function that he is expressly required by this Act or any other Act to perform, whether conditionally or unconditionally; or

(c) [Section 9 Subsection (4) amended by No. 73 of 2013, s. 10, Applied:01 Jul 2014] interfere with the formation by the Commissioner of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Commissioner of any of his functions or powers under this Act or any other Act.