Version as at
1 July 2024
(b)
(3)
Crown Entities Act 2004
Part 3 s 115
functions that are carried out by a person acting judicially in relation to a
particular matter in accordance with an entity’s Act.
This section applies to all Ministerial directions given under this Act, including
directions under section 107.
Section 113(3): amended, on 18 July 2013, by section 26 of the Crown Entities Amendment Act 2013
(2013 No 51).
Government directions to Crown entities
[Repealed]
Heading: repealed, on 18 July 2013, by section 27 of the Crown Entities Amendment Act 2013 (2013
No 51).
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Crown entities must comply with directions given under statutory power
of direction
(1)
A Crown entity must, in performing its functions, comply with—
(a)
any direction given to it under a power of direction in this Act or another
Act; and
(b)
any direction under section 107.
(2)
Comply, in this section, means to give effect to the direction or to have regard
to the direction, as the context requires.
(3)
Subsection (1) applies—
(a)
except as provided in section 113; and
(b)
to a direction given by a Minister, only if it is in writing and signed by a
Minister entitled to give the direction.
Section 114(1)(b): amended, on 18 July 2013, by section 28 of the Crown Entities Amendment Act
2013 (2013 No 51).
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Procedure for ministerial directions on government policy
(1)
A Minister who proposes to give a direction to a Crown entity under this Act,
the entity’s Act, or another Act must consult with the Crown entity before
giving the direction to the entity.
(2)
As soon as practicable after giving the direction, a Minister must—
(3)
(a)
publish it in the Gazette; and
(b)
present a copy of it to the House of Representatives.
The direction may be amended or replaced in the same way as it may be given.
(3A) A Minister who is entitled to give a direction to a Crown entity is also entitled
to revoke it by notice in writing to the entity, and, as soon as practicable after
doing so, the Minister must publish that notice in the Gazette.
(4)
This section does not apply to directions under section 107.
(5)
This section does not apply, in the case of directions given under another Act,
if the other Act contains a procedure for giving directions.
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