68Ministerial directions

##### 68 Ministerial directions (1) Subject to subsection (2), the Minister may give written directions to the Organisation concerning the performance of its functions and the exercise of its powers, and the Organisation must comply with those directions. (2) The Minister may only give a direction to the Organisation if: (a) the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give the direction in order to ensure that the performance of the functions, or the exercise of the powers, of the Organisation does not conflict with major government policies; and (b) the Minister has given the Organisation a written notice stating that the Minister is considering giving the direction; and (c) the Minister has given the Chairperson an adequate opportunity to discuss with the Minister the need for the proposed direction. (3) Subject to subsection (4), where the Minister gives a direction to the Organisation: (a) the Minister must cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given; and (b) the annual report for the financial year in which the direction is given must include: (i) particulars of the direction; and (ii) particulars of the impact of that direction on the operations of the Organisation. (4) Subsection (3) does not apply in relation to a particular direction if: (a) the Minister, on the recommendation of the Organisation, makes a written determination that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the Organisation; or (b) the Minister makes a written determination that compliance with the subsection would be, or would be likely to be, prejudicial to the national interest of Australia. (5) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Organisation.