105Ministerial directions to the Regulator

105 Ministerial directions to the Regulator

(1) If the Minister is satisfied that it is necessary to do so in the interests of national security and to deal with an emergency, the Minister may give directions of a specific nature to the Regulator about the performance of the Regulator’s functions under this Act. (2) The Regulator must comply with a direction under subsection (1). (3) A direction under subsection (1) must be given to the Director‑General on behalf of the Regulator. (4) A direction under subsection (1) need not be in writing. If it is not in writing, then the Minister and the Director‑General must each, as soon as practicable: (a) make a written record of it; and (b) sign the record; and (c) in the case of a Minister—cause the record to be given to the Director‑General. However, a failure to comply with paragraph (b) or (c) does not affect the validity of the direction. (5) If the Minister gives a direction under subsection (1), the Minister must table, in each House of the Parliament, a statement that a direction under this section was given to the Regulator. (6) A statement under subsection (5) must be tabled: (a) if practicable—within 28 calendar days after the day the Minister gives the direction; or (b) otherwise—on the next sitting day of that House after the end of that period. (7) The following are not legislative instruments: (a) a direction under subsection (1); (b) a statement under subsection (5).