7Considerations governing the performance of functions

#### 7 Considerations governing the performance of functions (1) The Australian Curriculum, Assessment and Reporting Authority must perform its functions and exercise its powers in accordance with any directions given to it by the Ministerial Council in writing. > Note: For how directions are given see: section 42\. For directions relating to reporting requirements see: subsection 43(3). (2) Directions under subsection (1) must not be inconsistent with: (a) this Act or the regulations under this Act; or (b) the Public Governance, Performance and Accountability Act 2013, or any rules or other instruments made under that Act. (3) The Australian Curriculum, Assessment and Reporting Authority must also perform its functions and exercise its powers in accordance with the Charter. (4) A direction given by the Ministerial Council under subsection (1) is not a legislative instrument. (5) If the Charter is determined by the Ministerial Council in writing, the Charter is not a legislative instrument.