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Egg Industry Service Provision Bill 2002

Part 4 Miscellaneous provisions


9   Ministerial directions

             (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.

10   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.

11   Compensation for acquisition of property

             (1)  If:

                     (a)  apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and

                     (b)  the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.

             (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.

12   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.



[ Minister’s second reading speech made in—

House of Representatives on 28 August 2002

Senate on 23 September 2002 ]