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Tuesday, 14 October 2008
Page: 4

Senator LUDWIG (Minister for Human Services) (12:53 PM) —In terms of 46(1), the first point that needs to be made clear is the minister ‘may’. So they may choose a legislative instrument and give written directions to the CEO, as outlined in paragraphs (a) and (b). Note 1 then indicates:

Section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the direction—see section 44 of that Act.

So it sets out the schema. Should the minister decide to provide a written direction, it is tabled here. Therefore, it is open to parliamentary scrutiny. The parliament can see what that direction is. I will take advice about this if I am wrong, but it is not unlike the directions that I can provide to FMA agencies in my portfolio. They are written directions and they have to be tabled. With regard to directions in the legislation, in this instance the bill says:

Directions about the CEO’s functions are to be general—

and it sets out the requirements in subclauses (2), (3) and (4).