40Ministerial direction

#### 40 Ministerial direction (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia. (2) The Minister must not give a direction to the Board under subsection (1) unless he or she: (a) has notified the Board in writing that he or she is considering giving the direction; and (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies. (3) The Board must comply with a direction under subsection (1). (4) The Minister must cause a copy of a direction under subsection (1): (a) to be published in the Gazette as soon as practicable after giving the direction; and (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction. (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include: (a) details of the direction; and (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period. (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.