175Minister may give directions to Authority

175  Minister may give directions to Authority  (1) The Minister may give directions, which must be consistent with the objects of this Act, to the Authority about the performance of the Authority’s functions. Note: Other provisions enable the Minister to give directions about particular matters (for example, see subparagraphs 44(3)(b)(ii) and 48(3)(b)(ii) and subsection 49AA(1)). Those other powers to give directions may be subject to limitations.  (2) However, the Authority is not subject to direction under subsection (1) in relation to any of the following:  (a) a determination by the Authority under paragraph 83(2)(b);  (b) its powers under Division 3 (information gathering) of Part 10;  (e) the performance of a function that is conferred under Part 1A or 2A.  (3) The Authority must comply with a direction under subsection (1).  (4) A direction made under subsection (1) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the direction. Division 2—Authority’s constitution and membership Subdivision A—Authority’s constitution 176  Authority’s constitution  (1) The Authority:  (a) is a body corporate with perpetual succession; and  (b) must have a seal; and  (c) may sue and be sued in its corporate name. Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.  (2) The seal of the Authority is to be kept in such custody as the Authority directs and must not be used except as authorised by the Authority.  (3) All courts, judges and persons acting judicially must:  (a) take judicial notice of the imprint of the seal of the Authority appearing on a document; and  (b) presume that the document was duly sealed. Subdivision B—Authority’s membership