Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies if:
(a) a community services entity owns, controls or possesses an asset; and
(b) the entity provides services in a business management area; and
(c) the Minister is satisfied that:
(i) the asset's use is required for providing services in the area; and
(ii) funding has been provided by the Commonwealth or the Northern Territory that could be used to provide those services ( funded services ).
(2) The Minister may give a direction, in writing, to the entity to do any of the following for the purpose of providing funded services in the business management area:
(a) use the asset in a particular way;
(b) manage the asset in a particular way;
(c) if the asset is in the entity's possession--transfer possession of the asset to:
(i) another community services entity; or
(ii) the Commonwealth; or
(iii) a specified person;
(d) if the asset is owned or controlled by the entity--transfer ownership or possession of the asset to:
(i) another community services entity; or
(ii) the Commonwealth; or
(iii) a specified person.
(3) If the Minister gives a direction under subparagraph (2)(c)(i) or (iii) or (2)(d)(i) or (iii), the Minister may give a direction, in writing, to the transferee to do any of the things mentioned in paragraphs (2)(a), (b), (c) and (d).
(4) A direction given under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the direction.
(5) In this section:
"asset" means an item of movable personal property, other than money or a chose in action.
"transferee" means a community services entity or person to whom possession or ownership of an asset has been transferred in compliance with a direction under subsection (2) or (3).