91Minister may give directions in exceptional circumstances

#### 91 Minister may give directions in exceptional circumstances (1) Subject to subsection (2), the Minister may give directions in writing to the Authority concerning the performance of its functions and the exercise of its powers, and the Authority must comply with those directions. (2) The Minister must not give a direction to the Authority unless: (a) the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give the direction to the Authority in order to ensure that the performance of the functions, or the exercise of the powers, of the Authority does not conflict with major government policies; and (b) the Minister has given to the Authority a written notice stating that the Minister is considering giving the direction; and (c) the Minister has given to the Chairperson of the Commission or the CEO, as the case requires, 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 Authority: (a) the Minister must: (i) cause a notice setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; and (ii) cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette; and (b) the annual report for the period in which the direction was given must include: (i) particulars of the direction; and (ii) particulars of the impact of that direction on the operations of the Authority. (4) Subsection (3) does not apply in relation to a particular direction if the Minister determines, in writing, that compliance with the subsection is undesirable because compliance would, or would be likely to, be prejudicial to the national interest of Australia. (5) If, in respect of a fishery, there is in force an arrangement under Division 3 of Part 5 of the Fisheries Management Act 1991 under which: (a) a Joint Authority has the management of the fishery; and (b) the fishery, or a part of the fishery identified in the arrangement, is to be managed in accordance with the law of the Commonwealth; references in this section to the Minister are taken, in relation to the fishery or the part of the fishery, to be references to the Joint Authority.