Commonwealth Consolidated Acts

HORTICULTURE MARKETING AND RESEARCH AND DEVELOPMENT SERVICES ACT 2000 - SECT 29

  (1)   The Minister may give a written direction to the industry services body or the industry export control 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 amounts paid to the body under this Act; 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 a body is given a direction under subsection   (1), it must comply with it.

  (3)   Subject to subsection   (3A), where the Minister gives a direction to a 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.

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

  (a)   the Minister, on the recommendation of the industry services body or the industry export control 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.

  (4)   The Minister is not to be taken to be a director of the industry services body or the industry export control body for the purposes of the Corporations Law merely because of the power conferred on the Minister by this section.

  (5)   The Commonwealth is not to be taken to be in a position to exercise control over the industry services body or the industry export control body merely because of the power conferred on the Minister by this section.