261BMinisterial control of Regulatory Authority [NSW]

261B Ministerial control of Regulatory Authority [NSW]

261B Ministerial control of Regulatory Authority [NSW]

(1) The Regulatory Authority is subject to the direction and control of the NSW Minister in relation to the following—

(a) policies to be applied by the Regulatory Authority in exercising functions and powers under this Law;

(b) other systemic matters relating to the Regulatory Authority’s exercise of functions and powers under this Law.

(2) To avoid doubt, the Regulatory Authority is not subject to the direction and control in relation to—

(a) the contents of any advice, report or recommendation given to the NSW Minister; or

(b) decisions about particular persons, matters or things including the following—

(i) decisions about whether to grant, suspend, cancel or take other action in relation to particular approvals;

(ii) decisions about instituting criminal or disciplinary proceedings in particular cases.

(3) However, subsection (2)(b) does not prevent the Minister giving a direction to, or in relation to, a particular person, matter or thing under section 223B.

Note—

This section is an additional NSW provision.

s 261B: Ins 2025 No 68, Sch 1[9].