Australia Council Act 2013
12Ministerial directions
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12 Ministerial directions
(1) The Minister may, by legislative instrument, give directions to the Board: (a) in relation to the performance of functions, and the exercise of powers, of the Council; or (b) requiring the provision of a report or advice on a matter that relates to any of the Council’s functions or powers.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to a 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 a direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.
(2) The Minister must not give a direction in relation to the making of a decision by the Council, in a particular case, relating to the provision of support (including by the provision of financial assistance or a guarantee). (3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with. (4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed).