41Minister may give directions to declared recipient bodies

41 Minister may give directions to declared recipient bodies

(1) The Minister may give a written direction to a declared recipient body if: (a) the Minister is satisfied that the direction is in Australia’s national interest because of exceptional and urgent circumstances; and (b) the Minister is satisfied that the direction would not require the body to incur expenses greater than the sum of the amounts previously paid to the body under this Act that have not been spent or committed and the amounts the body will receive under this Act during the period to which the direction relates; and (c) the Minister has given the body’s directors an adequate opportunity to discuss with the Minister the need for the proposed direction and the impact of compliance with subsections (3) to (5) on the body’s commercial activities. (2) The body must comply with the direction. Publication of direction (3) The Minister must cause a copy of the direction to be published on the Department’s website as soon as practicable after giving the direction. Tabling of direction (4) The Minister must cause a copy of the direction to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction. Body to include details in annual report (5) The body’s annual report for each period to which the direction relates must include: (a) particulars of the direction; and (b) an assessment of the impact of the direction on the body’s operations during the period. Exception (6) The Minister may make a written determination that subsections (3) to (5) do not apply in relation to a direction given to a declared recipient body if: (a) the body has recommended to the Minister that the Minister make the determination and the Minister is satisfied that compliance with those subsections would, or would be likely to, prejudice the body’s commercial activities; or (b) the Minister is satisfied that compliance with those subsections would be contrary to the public interest. The Minister must give a copy of the determination to the body. Minister not a director of body (7) The Minister is not a director of the body for the purposes of the Corporations Act 2001 merely because of the Minister’s power under subsection (1). Commonwealth does not exercise control over body (8) The Commonwealth is not in a position to exercise control over the body merely because of the Minister’s power under subsection (1). Instruments are not legislative instruments (9) Neither of the following is a legislative instrument: (a) a direction under subsection (1); (b) a determination under subsection (6).