Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p5
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 9742–12604

services by the Authority.".

SCHEDULE 1—continued

2. Subsection 9(3):

  Omit the subsection.

3. After section 9:

  Insert:

Minister may give Authority notices about its strategic direction etc.

"9A.(1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters:

  (a) the appropriate strategic direction of the Authority;

  (b) the manner in which the Authority should perform its functions.

"(2) The Authority must, in performing its functions, take account of notices given to it under subsection (1).

"(3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1).

"(4) The Authority must include in its annual report under section 63H of the Audit Act 1901 for a financial year:

(a) a summary of notices given to the Authority, in that financial year, under subsection (1); and

    (b) a summary of action taken in that financial year by the Authority because of notices given to the Authority under subsection (1) in that or any other financial year.

Minister may direct Authority to give documents and information to nominee

"9B.(1) In this section:

'ministerial nominee' means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Authority.

"(2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests.

"(3) The Authority must comply with a direction by the Minister under subsection (2).

"(4) The Authority must include in its annual report under section 63H of the Audit Act 1901 for a financial year particulars of any directions given to the Authority by the Minister under subsection (2) in that financial year."

SCHEDULE 1—continued

4. Subsection 9A(4):

Omit "The Authority must include in its annual report under section 63H of the Audit Act 1901", substitute "The members must include in their annual report under section 9 of the Commonwealth Authorities and Companies Act 1995".

5. Subsection 9B(4):

Omit "The Authority must include in its annual report under section 63H of the Audit Act 1901", substitute "The members must include in their annual report under section 9 of the Commonwealth Authorities and Companies Act 1995".

6. After subsection 21(3):

  Insert:

  "(3A) If the Minister is of the opinion that:

  (a) the Authority has failed to comply with subsection 9B(3); or

  (b) the members have failed to comply with subsection 25(4);

the Minister may terminate the appointment of all members or specified members.".

7. Subsection 21(3A):

  Omit the subsection, substitute:

  "(3A) If the Minister is of the opinion that:

  (a) the Authority has failed to