29Minister may give directions in exceptional circumstances

29 Minister may give directions in exceptional circumstances

(1) Subject to subsection (2), the Minister may give written directions to the Board in relation to the performance of the functions, and the exercise of the powers, of the Commission, and the Board shall comply with the directions. (2) The Minister shall not give a direction to the Board under subsection (1) unless the Minister:

(a) has informed the Board, in writing, that the Minister is considering giving the direction;

(b) has given the Chairperson an opportunity to discuss the need for the proposed direction with the Minister; and

(c) is satisfied that, because of the existence of exceptional circumstances, it is necessary to give the direction to the Board in order to ensure that the performance of the functions, or the exercise of the powers, of the Commission does not conflict with major government policies.

(3) Where the Minister gives a direction to the Board under subsection (1):

(a) the Minister shall cause a copy of the direction:

(i) to be published in the Gazette as soon as practicable after giving the direction; and

(ii) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction; and

(b) the annual reports of the Commission applicable to periods in which the direction has effect shall include:

(i) particulars of the direction; and

(ii) an assessment of the impact that the direction has had on the operations of the Commission during the period.

(4) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Commission.