Part 2Ministerial control

Part 2—Ministerial control 6—Control and direction of public corporations (1) A public corporation— (a) is an instrumentality of the Crown and holds its property on behalf of the Crown; and (b) is subject to control and direction by its Minister. (2) A direction may not be given by the Minister under this section contrary to the provisions of another Act. (3) The corporation may not be directed by its Minister to do anything that would be beyond its powers as provided by its incorporating Act and any other Act. (4) A direction given by the Minister under this section must be in writing. (5) Subject to subsection (7), where the Minister gives a direction to a public corporation under this section— (a) the Minister must cause the direction to be published— (i) by notice in the Gazette within 14 days after the direction was given; and (ii) by tabling the direction in both Houses of Parliament within six sitting days after its publication in the Gazette; and (b) the corporation must cause the direction to be published in its next annual report. (6) Where the corporation is of the opinion that a direction should not be published for the reason that its publication— (a) might detrimentally affect the corporation's commercial interests; or (b) might constitute breach of a duty of confidence; or (c) might prejudice an investigation of misconduct or possible misconduct, the corporation may advise the Minister of that opinion giving the reason for the opinion. (7) Where the Minister is satisfied that a direction should not be published for a reason referred to in subsection (6), the direction need not be published by the Minister or the corporation as required by subsection (5) but— (a) the Minister must cause a copy of the direction to be presented to the Economic and Finance Committee of the Parliament within 14 days after the direction was given; and (b) the corporation must cause a statement of the fact that the direction was given to be published in its next annual report. 7—Provision of information and records to Minister (1) A public corporation must, at the request in writing of its Minister, furnish the Minister with such information or records in the possession or control of the corporation as the Minister may require in such manner and form as the Minister may require. (2) Where a record in the possession or control of the corporation is furnished to the Minister under this section, the Minister may make, retain and deal with copies of the record as the Minister thinks fit. (3) Where the corporation considers that any information or record furnished under this section contains matters that should be treated for any reason as confidential, the corporation may advise the Minister of that opinion giving the reason for the opinion, and the Minister may, subject to subsection (4), act on that advice as the Minister thinks fit. (4) Where the Minister is satisfied on the basis of the corporation's advice under subsection (3) that the corporation owes a duty of confidence in respect of a matter, the Minister must ensure the observance of that duty in respect of the matter, but this subsection does not prevent the Minister from disclosing the matter as required in the proper performance of ministerial functions or duties. 8—Minister's or Treasurer's representative may attend meetings (1) A person authorised in writing by a public corporation's Minister or the Treasurer may attend (but not participate in) any meeting of the board of the corporation and may have access to papers provided to directors for the purposes of the meeting. (2) Where the board considers that a matter dealt with at a meeting attended by a representative of the Minister or the Treasurer should be treated for any reason as confidential, the board may advise the Minister or the Treasurer, as the case may require, of that opinion giving the reason for the opinion, and the Minister or the Treasurer may, subject to subsection (3), act on that advice as the Minister or the Treasurer thinks fit. (3) Where the Minister or the Treasurer is satisfied on the basis of the board's advice under subsection (2) that the corporation owes a duty of confidence in respect of a matter, the Minister or the Treasurer, as the case may be, must ensure the observance of that duty in respect of the matter, but this subsection does not prevent the Minister or the Treasurer from disclosing the matter as required in the proper performance of ministerial functions or duties. 9—Notification of disclosure to Minister of matter subject to duty of confidence Where a public corporation discloses to its Minister in pursuance of this Act a matter in respect of which the corporation owes a duty of confidence, the corporation must give notice in writing of the disclosure to the person to whom the duty is owed. 10—No breach of duty to report matter to Minister A director of a public corporation does not commit any breach of duty by reporting a matter relating to the affairs of the corporation or a subsidiary of the corporation to the corporation's Minister.