20Limitations on powers of THS

20 Limitations on powers of THS

(1)  Despite section 19 , the THS may only exercise the following powers with the approval of the Minister and Treasurer under subsection (2) and in accordance with any terms or conditions of the approval:

(a) establish an overdraft;

(b) acquire, dispose of, lease, mortgage, charge, hypothecate, or otherwise transfer or encumber, any interest in real property;

(c) invest the funds of the THS;

(d) pledge, charge or encumber any of the THS's property;

(e) create a subsidiary;

(f) indemnify any person from liability or guarantee the payment of money or the performance of services by another person;

(g) make a charitable donation;

(h) apply for or obtain endorsement by the Australian Tax Office as –

(i) a deductible gift recipient under the category of public benevolent institution; or

(ii) a charitable fund, charitable institution, health promotion charity or income tax exempt fund;

(i) participate in partnerships, trusts and joint ventures and in arrangements for the sharing of profits;

(j) register a trust;

(k) register a company;

(l) provide services outside Tasmania's territorial boundaries.

(2)  The Minister and the Treasurer may, jointly, grant an approval for the purposes of subsection (1) in respect of a particular matter or a class of matters.

(3)  Despite section 19 , the THS may only exercise the following powers with the approval of the Minister under subsection (4) and in accordance with any terms or conditions of the approval:

(a) charge fees other than as prescribed from time to time under this or any other Act;