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Forestry Marketing and Research and Development Services Bill 2007

Part 4 Miscellaneous provisions


13   Ministerial directions to industry services body in an emergency

             (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 subsections (3) and (4) on the body’s commercial activities; and

                     (b)  the direction is made for a purpose that is within the Commonwealth’s legislative power.

             (2)  The body must comply with the direction.

             (3)  The Minister must cause a copy of the direction:

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

                     (b)  to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction.

             (4)  The body’s annual report for each period to which the direction relates must include:

                     (a)  particulars of the direction; and

                     (b)  an assessment of the impact of the direction on the body’s operations during the period.

             (5)  Subsections (3) and (4) do not apply to the direction if:

                     (a)  on the body’s recommendation, the Minister determines in writing that compliance with the subsections would prejudice the body’s commercial activities or would be likely to do so; or

                     (b)  the Minister determines in writing that compliance with the subsections would be contrary to the public interest.

             (6)  The Minister, or a person to whom the Minister delegates the Minister’s power under this section, is not a director of the body for the purposes of the Corporations Act 2001 merely because of that power.

             (7)  The Commonwealth is not in a position to exercise control over the body merely because of the Minister’s power under this section.

             (8)  A direction given under subsection (1) or a determination made under subsection (5) is not a legislative instrument.

14   Delegations

             (1)  The Minister may delegate all or any of the Minister’s powers and functions under this Act or the regulations to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

The delegation must be in writing.

             (2)  In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

15   Compensation for acquisition of property

             (1)  If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

16   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.