Commonwealth Numbered Acts

AUSTRALIAN HORTICULTURAL CORPORATION ACT 1987 No. 164 of 1987 - SECT 32

32. (1) Subject to subsection (2), the Minister may give written directions to
the Corporation in relation to the performance of its functions and the
exercise of its powers, and the Corporation shall comply with the directions.

(2) The Minister shall not give a direction to the Corporation under
subsection (1) unless the Minister:

   (a)  has informed the Corporation, in writing, that the Minister is
        considering giving the direction;

   (b)  has given the Chairperson of the Corporation an opportunity to discuss
        the need for the proposed direction with the Minister; and

   (c)  is satisfied that, because of the existence of exceptional
        circumstances, it is necessary to give the direction to the
        Corporation in order to ensure that the performance of the functions,
        or the exercise of the powers, of the Corporation does not conflict
        with major government policies.

(3) Subject to subsection (4), where the Minister gives a direction to the
Corporation under subsection (1):

   (a)  the Minister shall 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 laid before each House of the Parliament within 15
               sitting days of that House after giving the direction; and

   (b)  the annual reports of the Corporation applicable to periods in which
        the direction has effect shall include:

        (i)    particulars of the direction; and

        (ii)   an assessment of the impact that the direction has had on the
               operations of the Corporation during the period.

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

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

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