42Ministerial direction

42 Ministerial direction

(1) The Minister may, by legislative instrument, give written directions to the Board: (a) in relation to the performance of the functions of, and the exercise of powers of, the National Film and Sound Archive of Australia; or (b) requiring the provision of a report or advice on a matter that relates to any of the National Film and Sound Archive of Australia’s functions or powers.

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.

(2) The Minister must not give a direction in relation to a decision by the Board to provide support to a particular person or for a particular program. (3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with. (4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed).