Subdiv 2Functions and powers

Subdivision 2—Functions and powers 22—Functions (1) The Commission has the following functions: (a) to act as the State's principal planning advisory and development assessment body; (b) to support the Minister in the administration of this Act and, in so doing, to provide advice, and make recommendations, to the Minister on the administration of this Act and with respect to the effect of any other legislation that is relevant to the operation of this Act; (c) at the request of the Minister, to provide a report on any specified matter; (d) to work with— (i) the other entities involved in the administration of this Act; and (ii) other entities that perform functions or exercise powers under any other Act that is relevant to the operation of this Act or to furthering the objects of this Act; and (iii) other entities (both within the public and private sectors) that have a significant role with respect to planning, development or infrastructure provision within the State; (e) to conduct inquiries with respect to any matter— (i) referred to the Commission by the Minister under this paragraph; or (ii) determined by the Commission under this paragraph with the approval of the Minister; and (f) to assist the Minister by working with the Chief Executive— (i) in connection with the implementation of planning policies developed under this Act; and (ii) in considering and providing advice with respect to funding programs that are relevant to planning or development within the State; and (iii) in working with government agencies and councils, including by providing information, guidance material and training in connection with the operation of this Act; and (iv) in undertaking or publishing research, or analysing or monitoring trends, with respect to planning and development within the State; (g) such other functions assigned to the Commission by the Minister or by or under this or any other Act. (2) Without limiting subsection (1), the Commission has a role that includes providing advice with respect to any of the following matters: (a) initiatives that are consistent with or promote principles that relate to the planning system established by this Act; (b) the regulatory controls, standards or rules that apply, or should apply, with respect to development; (c) the making, amendment or repeal of instruments under this Act; (d) the performance of entities acting under this Act; (e) other matters or issues that are relevant to the operation of this Act. (3) The Commission may, in relation to providing advice under this Act, act on its own initiative or on request. (4) If an inquiry is conducted by the Commission under subsection (1)(e)— (a) the Commission may, for the purposes of the inquiry— (i) call for or receive submissions or representations; and (ii) request any person to provide information or materials to the Commission; and (iii) otherwise collect information or materials or inform itself as the Commission thinks fit; and (b) the Commission may, if it thinks fit, receive or retain any information or materials provided to it on a confidential basis; and (c) the Commission must, at the conclusion of the inquiry, furnish a report to the Minister about— (i) the matters addressed by the inquiry; and (ii) the outcomes of the inquiry; and (iii) any other relevant matter (including any advice or recommendations of the Commission). (5) An agency or instrumentality of the Crown must, at the request of the Commission and insofar as is appropriate— (a) take steps to cooperate with the Commission in connection with the performance of its functions; and (b) provide information that will assist the Commission in the performance of its functions. (6) Without limiting subsection (5), an agency or instrumentality of the Crown must, at the direction of the Minister— (a) participate in any committee established by the Commission in connection with the operation of the planning system under this Act or development within the State; and (b) comply with any requirement specified by the Minister in order to resolve any issue associated with the formulation or implementation of a planning policy under this Act. (7) The Minister may only act under subsection (6) after taking into account the advice of the Commission in relation to the matter. (8) A direction under subsection (6) is not binding on an agency or instrumentality of the Crown to the extent (if any) to which— (a) it would impede or affect the performance of a quasi‑judicial or statutorily independent function of the entity; or (b) it is inconsistent with a direction or determination of another Minister under another Act. 23—Powers The Commission has all the powers of a natural person together with the powers conferred on the Commission by or under this or any other Act and may do anything necessary or convenient to be done in the performance of its functions. 24—Minister to be kept informed The Commission must keep the Minister reasonably informed about its activities. 25—Minister to have access to information (1) The Minister is entitled— (a) to require the Commission to collect or retain specified information; and (b) to have information in the possession of the Commission; and (c) if the information is in or on a document, to have, and make and retain copies of, that document. (2) The Minister may, in connection with the operation of subsection (1)— (a) request the Commission to furnish information to the Minister; and (b) request the Commission to give the Minister access to information; and (c) for the purposes of paragraph (b), make use of the staff of the Commission to obtain the information and furnish it to the Minister. (3) However, the Minister is not entitled to obtain under this section information that the Commission considers should be treated for any reason as confidential so long as the Commission does not adversely affect the proper performance of ministerial functions or duties.