73FConsultation with Portfolio Minister and Stakeholder Minister

73F Consultation with Portfolio Minister and Stakeholder Minister

[Section 73F Inserted by No. 20 of 1995, s. 3 and Sched. 1 ]

(1)  In the course of preparing the draft corporate plan the Commission must consult –

(a) in relation to the interests of the State as a whole and the long term objectives of the Commission, with the Minister; and

(b) in relation to the financial performance objectives of the Commission, jointly with the Minister and the Stakeholder Minister.

(2)  The Minister may give a direction to the Commission –

(a) in relation to a long term objective of the Commission; or

(b) if the Minister considers the draft corporate plan to be inconsistent with the ministerial charter, in relation to that inconsistency.

(3)  The Minister and the Stakeholder Minister jointly may give a direction to the Commission in relation to the financial performance objectives of the Commission.

(4)  Subject to subsection (5) , the Commission must comply with a direction if it is in writing and –

(a) in the case of a direction referred to in subsection (2) , is signed by the Minister; or

(b) in the case of a direction referred to in subsection (3) , is signed by both the Minister and Stakeholder Minister.

(5)  A direction has no effect in respect of a contract entered into by the Commission before the direction was given if compliance with the direction would result in the Commission failing to perform the contract.