68Minister may give directions relating to assets

68 Minister may give directions relating to assets

(1) This section applies if: (a) a community services entity owns, controls or possesses an asset; and (b) the entity provides services in a business management area; and (c) the Minister is satisfied that: (i) the asset’s use is required for providing services in the area; and (ii) funding has been provided by the Commonwealth or the Northern Territory that could be used to provide those services (funded services). (2) The Minister may give a direction, in writing, to the entity to do any of the following for the purpose of providing funded services in the business management area: (a) use the asset in a particular way; (b) manage the asset in a particular way; (c) if the asset is in the entity’s possession—transfer possession of the asset to: (i) another community services entity; or (ii) the Commonwealth; or (iii) a specified person; (d) if the asset is owned or controlled by the entity—transfer ownership or possession of the asset to: (i) another community services entity; or (ii) the Commonwealth; or (iii) a specified person. (3) If the Minister gives a direction under subparagraph (2)(c)(i) or (iii) or (2)(d)(i) or (iii), the Minister may give a direction, in writing, to the transferee to do any of the things mentioned in paragraphs (2)(a), (b), (c) and (d). (4) A direction given under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the direction. (5) In this section:

asset means an item of movable personal property, other than money or a chose in action.

transferee means a community services entity or person to whom possession or ownership of an asset has been transferred in compliance with a direction under subsection (2) or (3).