172Annual report

#### 172 Annual report (1) The annual report prepared by the Board members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must include the things described in subsections (2) and (4). (2) The annual report must include the following for the period to which the report relates: (a) details of any directions given under section 121 in the period; (b) details of any statements given under section 125 in the period; (c) information (including statistics) and analysis that relates to either or both of the following in the period: (i) participants; (ii) funding or provision of supports by the Agency. (3) The Minister may, by legislative instrument, prescribe particular information, or analysis, described in paragraph (2)(c) that must be included in the annual report. > Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act). (4) The annual report must include: (a) the summary, that was prepared under section 180B when the annual report was being prepared, of the annual financial sustainability report prepared then; and (b) the report of the reviewing actuary’s review under subsection 180E(2) of the summary mentioned in paragraph (a). Prerequisite to making instrument under subsection (3) (6) The Minister must not make an instrument under subsection (3) unless a majority of the members of the Ministerial Council agree to the making of the instrument. (7) The Minister must: (a) give a notice (the original notice) in writing to each member of the Ministerial Council who is a Minister of a State or Territory seeking the agreement of that member to the making of the instrument and requesting the agreement be given before the end of 28 days beginning on the day the notice is given; and (b) provide a copy of the proposed instrument to that member. (8) If, immediately before the end of that 28‑day period, that member: (a) has not informed the Minister whether that member agrees to the making of the instrument; and (b) has not made a request under subsection (9); then, at the end of that period, that member is taken to have agreed to the making of the instrument. (9) If, before the end of that 28‑day period, that member gives a notice in writing to the Minister requesting a longer period within which that member may agree to the making of the instrument: (a) that member may give that agreement before the end of 90 days beginning on the day the original notice was given; and (b) if, immediately before the end of that 90‑day period, that member has not informed the Minister whether that member agrees to the making of the instrument, then, at the end of that period, that member is taken to have so agreed.