Commonwealth Consolidated Acts

EGG INDUSTRY SERVICE PROVISION ACT 2002 - SECT 9

(1)

The Minister may give a written direction to the industry services body if:

(a)

the Minister:

(i)

is satisfied that the direction is in Australia's national interest because of exceptional and urgent circumstances; and

(ii)

is satisfied that the direction would not require the body to incur expenses greater than the sum of the amounts previously paid to the body under the funding contract that have not been spent or committed and the amounts the body will receive under the funding contract during the period to which the direction relates; and

(iii)

has given the body's directors an adequate opportunity to discuss with the Minister the need for the proposed direction and the impact of compliance with subsection (3) on the body's commercial activities; and

(b)

the direction is made for a purpose that is within the Commonwealth's legislative power.

(2)

If the body is given a direction under subsection (1), it must comply with it.

(3)

Subject to subsection (4), if the Minister gives a direction to the body under subsection (1):

(a)

the Minister must cause a copy of the direction:

(i)

to be published in the Gazette as soon as practicable after giving the direction; and

(ii)

to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and

(b)

the annual reports of the body applicable to periods in which the direction has effect must include:

(i)

particulars of the direction; and

(ii)

an assessment of the impact that the direction has had on the operations of the body during the period.

(4)

Subsection (3) does not apply in relation to a particular direction if:

(a)

the Minister, on the recommendation of the body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or

(b)

the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest.

(5)

The Minister is not to be taken to be a director of the body for the purposes of the Corporations Act 2001 merely because of the power conferred on the Minister by this section.

(6)

The Commonwealth is not to be taken to be in a position to exercise control over the body merely because of the power conferred on the Minister by this section.