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 or any other Act, the Commission shall be subject to the control of the Minister.

(2)  The Minister may, for the purpose of enabling him to exercise the control referred to in subsection (1) , from time to time give a direction in writing to the Commission and the Commission shall, subject to this section, exercise the powers conferred, and perform the functions imposed, on it by or under this Act or any other 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) –

(a) shall not be exercised so as –

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

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

(iii) 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 or any other Act; and

(b) does not extend to any matter concerning a contract or agreement to which the Commission is a party and which is in force at the date fixed by proclamation under section 2 (2) .

(4A)  [Section 7 Subsection (4A) omitted by No. 39 of 1993, s. 24 and Sched. 2 ].  .  .  .  .  .  .  .  

(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 by him.