29Commission to comply with directions of Minister and requirements of the Parliament

29  Commission to comply with directions of Minister and requirements of the Parliament  (1) The Minister may give the Commission directions connected with the performance of its functions or the exercise of its powers under this Act.  (1A) The Minister must not give directions under subsection (1) relating to:  (a) Part IIIA, IV, IVA, IVBA, IVBB, IVE, VII, VIIA, X, XIB, XIC or XICA; or  (b) Division 3 of Part XI in relation to individual cases.  (1B) The Commission must comply with a direction.  (2) Any direction given to the Commission under subsection (1) shall be in writing and the Minister shall cause a copy of the direction to be published in the Gazette as soon as practicable after the direction is given.  (3) If either House of the Parliament or a Committee of either House, or of both Houses, of the Parliament requires the Commission to furnish to that House or Committee any information concerning the performance of the functions of the Commission under this Act, the Commission shall comply with the requirement. Part IIA—The National Competition Council   29A  Establishment of Council  (1) The National Competition Council is established by this section.  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):  (a) the Council is a listed entity; and  (b) the Council President is the accountable authority of the Council; and  (c) the following persons are officials of the Council:  (i) the Council President;  (ii) the other Councillors;  (iii) the staff referred to in subsection 29M(1);  (iv) consultants engaged under section 29N; and  (d) the purposes of the Council include the functions of the Council referred to in section 29B. 29B  Functions and powers of Council  (1) The Council’s functions include:  (a) carrying out research into matters referred to the Council by the Minister; and  (b) providing advice on matters referred to the Council by the Minister.  (2) The Council may:  (a) perform any function conferred on it by a law of the Commonwealth, or of a State or Territory; and  (b) exercise any power:  (i) conferred by that law to facilitate the performance of that function; or  (ii) necessary or convenient to permit the performance of that function.  (2A) The Council must not, under subsection (2):  (a) perform a function conferred on it by a law of a State or Territory; or  (b) exercise a power that is so conferred; unless the conferral of the function or power is in accordance with the Competition Principles Agreement.  (2B) Subsection (2) does not apply to a State/Territory energy law. Note: Section 29BA provides that a State/Territory energy law may confer functions or powers, or impose duties, on the Council.  (3) In performing its functions, the Council may co‑operate with a department, body or authority of the Commonwealth, of a State or of a Territory. 29BA  Commonwealth consent to conferral of functions etc. on Council  (1) A State/Territory energy law may confer functions or powers, or impose duties, on the Council for the purposes of that law. Note: Section 29BC sets out when such a law imposes a duty on the Council.  (2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a State/Territory energy law to the extent to which:  (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Council; or  (3) The Council cannot perform a duty or function, or exercise a power, under a State/Territory energy law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned. 29BB  How duty is imposed  (1) This section applies if a State/Territory energy law purports to impose a duty on the Council. Note: Section 29BC sets out when such a law imposes a duty on the Council.  (2) The duty is taken not to be imposed by this Part (or any other law of the Commonwealth) to the extent to which:  (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Council. Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 29BA to the imposition of the duty by that law).  (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Part to the extent necessary to ensure that validity.  (4) If, because of subsection (3), this Part is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Part.  (5) The duty is taken to be imposed by this Part in accordance with subsection (3) only to the extent to which imposing the duty:  (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Council.  (6) Subsections (1) to (5) do not limit section 29BA. 29BC  When a State/Territory energy law imposes a duty   For the purposes of sections 29BA and 29BB, a State/Territory energy law imposes a duty on the Council if:  (a) the law confers a function or power on the Council; and  (b) the circumstances in which the function or power is conferred give rise to an obligation on the Council to perform the function or to exercise the power.