38ADirections from the Secretary

38A Directions from the Secretary (1) The Secretary may give a written direction to a sector transport agency in respect of the performance by the sector transport agency of any of its functions. (2) A written direction under subsection (1) must not be inconsistent with— (a) any requirements under this Act or any transport legislation that apply to the sector transport agency in the performance of its functions or the exercise of its powers; or (b) any specific direction given by the Minister to the sector transport agency. (3) A sector transport agency must— (a) comply with a written direction given to it under subsection (1); and (b) provide a statement of its response to that direction to the Secretary, if required, within the period specified by the Secretary in the direction. (4) The **Subordinate Legislation Act 1994** does not apply to a written direction given under this section. S. 38A(5) amended by No. 34/2023 s. 74. (5) The operation of this section is not limited by section 64T, 115Q or 163. S. 38B inserted by No. 49/2019 s. 10.