31KDirections to Authority and Geographical Indications Committee

31K Directions to Authority and Geographical Indications Committee

(1) Except as provided by this section and the Public Governance, Performance and Accountability Act 2013, the Authority is not subject to direction by or on behalf of the Australian Government. (2) Subject to this section, where the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give a direction to the Authority in order to ensure that the performance of the functions, or the exercise of the powers, of the Authority does not conflict with major government policies, the Minister may, by notice in writing to the Authority, give the direction to the Authority with respect to the performance of its functions and the exercise of its powers. (3) The Minister shall not give a direction under subsection (2) unless and until the Minister has given the Chair: (a) notice in writing that the Minister is contemplating giving the direction; and (b) an adequate opportunity to discuss with the Minister the need for the proposed direction. (4) The Authority shall comply with any direction given under subsection (2). (5) Where the Minister gives a direction to the Authority under subsection (2): (a) the Minister shall cause a notice in writing setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; (b) the Minister shall cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of the House after giving the direction; (c) particulars of the direction shall be included in the annual report of the Authority for the year in which the direction was given; and (d) that report shall include particulars of the impact of that direction on the operations of the Authority. (6) This section applies in relation to the Geographical Indications Committee in the same way as it applies in relation to the Authority. (7) For the purposes of this section as it so applies in relation to the Geographical Indications Committee: (a) references (other than the reference in paragraph (5)(c)) to the Authority are taken to be references to that Committee; and (b) the reference in subsection (3) to the Chair is taken to be a reference to the Presiding Member of that Committee.