156Minister may give Commissioner directions

156 Minister may give Commissioner directions

(1)  The Minister may give a direction in writing to the Commissioner with respect to the performance of the Commissioner's functions and the exercise of the Commissioner's powers under this or any other Act.

(2)  The Commissioner is to publish in the Commissioner's next annual report under section 159 a written direction given to the Commissioner under subsection (1) .

(3)  Within 15 business days after receiving a direction under subsection (1) , the Commissioner may object to the direction on any ground.

(4)  An objection is to –

(a) be in writing; and

(b) specify the grounds for the objection; and

(c) be provided to the Minister.

(5)  If, after receiving an objection, the Minister determines that a direction is not to be withdrawn or amended, the Minister must cause a copy of the direction and the objection to be laid before each House of Parliament within 10 sitting-days of receiving the objection.

(6)  The Commissioner must perform his or her functions and exercise his or her powers in a manner that is consistent with a direction if –

(a) the Commissioner has not objected to the direction within the period specified in subsection (3) ; or

(b) the Commissioner has objected to the direction and the direction has been tabled in both Houses of Parliament; or

(c) the Commissioner has withdrawn his or her objection.