7Commission subject to control of Minister

7 Commission subject to control of Minister

(1)  In the exercise of the powers conferred, and the performance of functions imposed, on the Commission by or under this Act, the Commission is subject to the control of the Minister.

(2)  The Minister may, in order to exercise the control referred to in subsection (1) , from time to time give a direction to the Commission and the Commission must, subject to this section, exercise the powers conferred, and perform the functions imposed, on it by or under this Act in accordance with any such direction.

(3)  The Commission is not bound by a direction given under subsection (2) unless the direction is in writing and signed by the Minister.

(4)  The power conferred on the Minister by subsection (2) is not to be exercised so as –

(a) to require the Commission to do anything that it is not empowered to do by this Act; or

(b) to prevent the Commission from performing any function that it is expressly required by this Act to perform, whether conditionally or unconditionally; or

(c) to interfere with the formation by the Commission of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Commission of any of its functions or powers under this Act.

(5)  Where the Minister gives a direction under subsection (2) and the direction is not complied with, the Minister may cause a copy of the direction to be laid on the table of each House of Parliament within the first 15 sitting-days of the House after the direction is given.

(6)  [Section 7 Subsection (6) amended by No. 61 of 2011, s. 10, Applied:01 Jul 2013] Subsection (2) does not authorise the Minister to give a direction with respect to the issue, transfer, suspension, cancellation or lapsing of a taxi licence, luxury hire car licence or restricted hire vehicle licence.