9AGovernment Business Enterprises subject to Ministerial direction

9A Government Business Enterprises subject to Ministerial direction

[Section 9A Inserted by No. 18 of 2025, s. 14, Applied:01 Jan 2026]

(1)  The Portfolio Minister and Treasurer, jointly, may give a direction to a Government Business Enterprise or a wholly-owned subsidiary of a Government Business Enterprise.

(2)  Before the Portfolio Minister and Treasurer, jointly, give a direction under subsection (1) to a Government Business Enterprise or a wholly-owned subsidiary of a Government Business Enterprise, the Portfolio Minister and Treasurer are to notify the Government Business Enterprise or wholly-owned subsidiary in writing that –

(a) the Portfolio Minister and Treasurer, jointly, intend to give the direction on the matter specified in the notification; and

(b) the Government Business Enterprise or wholly-owned subsidiary has the period specified in the notification to provide information to the Portfolio Minister and Treasurer in respect of the specified matter.

(3)  A direction given to a Government Business Enterprise, or a wholly-owned subsidiary, under subsection (1)  –

(a) may be given even if the direction is contrary to –

(i) the ministerial charter for the Government Business Enterprise; or

(ii) the corporate plan in force in respect of the Government Business Enterprise and its subsidiaries; or

(iii) the statement of corporate intent in force in respect of the Government Business Enterprise and its subsidiaries; or

(iv) Treasurer’s Instructions in force in respect of the Government Business Enterprise or its subsidiaries; or

(v) if the direction is given to a wholly-owned subsidiary, the constitution of the subsidiary; or

(vi) if the Government Business Enterprise or wholly-owned subsidiary provided information in respect of the direction in accordance with subsection (2) , that information; and

(b) may not be given if the direction is contrary to –